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Presidential Executive Order

2010-27004 (13555)

Presidential Documents 65417 Federal Register Vol. 75, No. 204 Friday, October 22, 2010 Title 3— The President Executive Order 13555 of October 19, 2010 White House Initiative on Educational Excellence for His- panics 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 expanding educational opportunities and improving educational outcomes for Hispanics and Latinos (Hispanics) of all ages, and to help ensure that all Hispanics receive an education that properly prepares them for college, productive careers, and satisfying lives, it is hereby ordered as follows: Section 1. Policy. At more than 52 million strong, including 4 million in Puerto Rico, Hispanics constitute the country’s largest and fastest growing minority group. They have had a profound and positive impact on our country through, among other things, their community’s strong commitment to family, faith, hard work, and service. Many Hispanics contribute to this Nation bilingually in the English and Spanish languages—a true asset for our country in an increasingly global, interdependent world. Hispanic students are the largest minority group in our Nation’s schools, numbering more than 11 million in our public elementary and secondary school system, and constituting more than 22 percent of all pre-K-12 students. Hispanic students face educational challenges of crisis proportions. Fewer than half of all Hispanic children participate in early childhood education programs, and far too few Hispanic students graduate from high school; of those who do complete high school, many are not adequately prepared for college. Only 12 percent of adult Hispanics have a bachelor’s degree, and just 3 percent have completed graduate or professional degree programs. At the same time, large numbers of Hispanic adults lack the education or literacy skills they need to advance their careers; they also are less likely than members of other groups to have taken job- or career-related courses, with the exception of basic education classes, such as English as a second language. Our country was built on and continues to thrive on its diversity, and there is no doubt that the future of the United States is inextricably linked to the future of the Hispanic community. To reach the ambitious education goals we have set for our Nation, as well as to ensure equality of opportunity for all, we must provide the opportunities that will enable Hispanic students to raise their educational attainment at every level of the American education system. America’s future competitiveness in our global economy will be substantially enhanced by improving educational outcomes for Hispanics. Sec. 2. White House Initiative on Educational Excellence for Hispanics. (a) Establishment. There is established the White House Initiative on Edu- cational Excellence for Hispanics (Initiative), to be housed in the Department of Education (Department). The mission of the Initiative shall be to help restore the United States to its role as the global leader in education and to strengthen the Nation by expanding educational opportunities and improv- ing educational outcomes for Hispanics of all ages and by helping to ensure that all Hispanics receive a complete and competitive education that prepares them for college, a career, and productive and satisfying lives. (b) Initiative Administration. There shall be an Executive Director of the Initiative, to be appointed by the Secretary of Education (Secretary). The Initiative shall be advised by the Commission established under section VerDate Mar<15>2010 19:21 Oct 21, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 65418 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Presidential Documents 3 of this order and supported by the Working Group established under subsection (c) of this section. The Department shall provide the staff, re- sources, and assistance for the Initiative and the Working Group. To the extent permitted by law, departments, agencies, and offices represented on the Working Group shall provide resources, including personnel detailed to the Initiative, to assist the Department in meeting the objectives of this order. (c) Interagency Working Group. (1) There is established the Federal Interagency Working Group on Edu- cational Excellence for Hispanics (Working Group), which shall be con- vened and chaired by the Initiative’s Executive Director. (2) The Working Group shall consist of senior officials from the Department, the White House Domestic Policy Council, the Department of Labor, and the Department of Health and Human Services, as well as such additional departments, agencies, and offices as the President may designate. Senior officials shall be designated by the heads of their respective departments, 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 or educational challenges facing Hispanics, such as early childhood edu- cation, K?12 education, higher education, career and technical education, language acquisition, and adult education. (d) Initiative Objectives. (1) To expand educational opportunities, improve education outcomes, and deliver a complete and competitive education for all Hispanics, the Initiative shall, consistent with 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 Hispanic students; (ii) increasing the percentage of Hispanic children who enter kindergarten ready for success by improving access by Hispanics to high-quality pro- grams and services that encourage the early learning and development of children from birth through age 5; (iii) implementing successful and innovative education reform strategies and practices in America’s public schools to ensure that Hispanic students, like their peers, receive a rigorous and well-rounded education, and have access to student support services that will prepare them for college, a career, and civic participation; (iv) ensuring that all Hispanic students have access to excellent teachers and school leaders, in part by supporting efforts to improve the recruitment, preparation, development, and retention of successful Hispanic teachers and school leaders and other effective teachers and school leaders respon- sible for the education of Hispanic students; (v) reducing the dropout rate of Hispanic students and helping Hispanic students graduate from high school prepared for college and a career, in part by promoting a positive school climate and supporting successful and innovative dropout prevention and recovery strategies that better en- gage Hispanic youths in their learning, help them catch up academically, and provide those who have left the educational system with pathways to reentry; (vi) increasing college access and success for Hispanic students and providing support to help ensure that a greater percentage of Hispanics complete college and contribute to the goal of having America again lead the world in the proportion of college graduates by 2020, in part through strategies to strengthen the capacity of Hispanic-Serving Institu- tions, community colleges, and other institutions of higher education serv- ing large numbers of Hispanic students; and VerDate Mar<15>2010 19:21 Oct 21, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 65419 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Presidential Documents (vii) enhancing the educational and life opportunities of Hispanics by fostering positive family and community engagement, improving the quality of, and expanding access to, adult education, literacy, and career and technical education, as well as increasing opportunities for education and career advancement in the fields of science, technology, engineering, and mathematics. (2) In working to fulfill its mission and objectives, the Initiative shall, consistent with law: (i) help ensure that Federal programs and initiatives administered by the Department and other agencies are serving and meeting the needs of Hispanic children, youths, and adults; (ii) work closely with the Executive Office of the President on key Administration priorities related to the education of Hispanics; (iii) increase the Hispanic community’s participation in, and capacity to participate in, the Department’s programs and education-related pro- grams at other executive departments and agencies; (iv) advise Department officials and, through the Working Group, other agency officials on issues related to the Hispanic community and the educational attainment of Hispanic students; (v) advise the Secretary on the development, implementation, and coordi- nation of educational programs and initiatives at the Department and other agencies designed to improve educational opportunities and out- comes for Hispanics of all ages; (vi) encourage and develop partnerships with public, private, philan- thropic, and nonprofit stakeholders to improve Hispanics’ readiness for school, college, and career, as well as their college persistence and comple- tion; and (vii) develop a national network of individuals, organizations, and com- munities to share and implement best practices related to the education of Hispanics. (3) The Initiative shall periodically publish reports on its activities. The Secretary and the Executive Director of the Initiative, in consultation with the Interagency Working Group and the Chair of the Commission established under section 3 of this order, may develop and submit to the President recommendations designed to advance and promote edu- cational opportunities and attainment for Hispanics, including rec- ommendations for short- and long-term initiatives. (e) Collaboration Among White House Initiatives. The White House Initia- tives on Educational Excellence for Hispanics, Historically Black Colleges and Universities, Tribal Colleges and Universities, and Asian-American and Pacific Islanders shall work together whenever appropriate in light of their shared objectives. Sec. 3. President’s Advisory Commission on Educational Excellence for His- panics. There is established the President’s Advisory Commission on Edu- cational Excellence for Hispanics (Commission) in the Department. (a) Commission Mission and Scope. The Commission shall advise the President and the Secretary on matters pertaining to the educational attain- ment of the Hispanic community, including: (1) developing, implementing, and coordinating educational programs and initiatives at the Department and other agencies to improve educational opportunities and outcomes for Hispanics of all ages; (2) increasing the participation of the Hispanic community and Hispanic- Serving Institutions in the Department’s programs and in education pro- grams at other agencies; (3) engaging the philanthropic, business, nonprofit, and education commu- nities in a national dialogue regarding the mission and objectives of this order; and VerDate Mar<15>2010 19:21 Oct 21, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 65420 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Presidential Documents (4) establishing partnerships with public, private, philanthropic, and non- profit stakeholders to meet the mission and policy objectives of this order. The Commission shall meet periodically, but at least twice a year, and may work through task forces composed exclusively of Commission members, as appropriate. (b) Commission Membership and Chair. (1) The Commission shall consist of no more than 30 members appointed by the President. 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, ele- mentary and secondary education, higher education, career and technical education, and adult education), labor organizations, research institutions, corporate and financial institutions, public and private philanthropic orga- nizations, and nonprofit and community-based organizations at the na- tional, State, regional, or local levels. (2) The President shall designate one of the members to serve as Chair of the Commission, who shall work with the Initiative’s Executive Director to convene regular meetings of the Commission, determine its agenda, and direct its work, consistent with this order. (c) Commission Administration. The Executive Director of the Initiative shall also serve as the Executive Director of the Commission and administer the work of the Commission. The Department shall provide funding and administrative support for the Commission, to the extent permitted by law. Members of the Commission shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the administration of the Commission, any functions 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) This order supersedes Executive Order 13230 of October 12, 2001. VerDate Mar<15>2010 19:21 Oct 21, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 65421 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / 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, October 19, 2010. [FR Doc. 2010–27004 Filed 10–21–10; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 19:21 Oct 21, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 OB#1.EPS</GPH> emcdonald on DSK2BSOYB1PROD with NOTICES6

White House Initiative on Educational Excellence for Hispanics

2010-10-19T00:00:00

8a8673787e9b67374ec46815ca603249afce6f8983b4ae298114611902b39118

Presidential Executive Order

2012-10715 (13607)

Presidential Documents 25861 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Presidential Documents Executive Order 13607 of April 27, 2012 Establishing Principles of Excellence for Educational Institu- tions Serving Service Members, Veterans, Spouses, and Other Family Members By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure that Federal military and veterans educational benefits programs are providing service members, veterans, spouses, and other family members with the information, support, and protections they deserve, it is hereby ordered as follows: Section 1. Policy. The original GI Bill, approved just weeks after D-Day, educated nearly 8 million Americans and helped transform this Nation. We owe the same obligations to this generation of service men and women as was afforded that previous one. This is the promise of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V, Public Law 110–252) (Post-9/11 GI Bill) and the continued provision of educational benefits in the Department of Defense’s Tuition Assistance Program (10 U.S.C. 2007): to provide our service members, veterans, spouses, and other family members the opportunity to pursue a high-quality education and gain the skills and training they need to fill the jobs of tomorrow. Since the Post-9/11 GI Bill became law, there have been reports of aggressive and deceptive targeting of service members, veterans, and their families by some educational institutions. For example, some institutions have re- cruited veterans with serious brain injuries and emotional vulnerabilities without providing academic support and counseling; encouraged service members and veterans to take out costly institutional loans rather than encouraging them to apply for Federal student loans first; engaged in mis- leading recruiting practices on military installations; and failed to disclose meaningful information that allows potential students to determine whether the institution has a good record of graduating service members, veterans, and their families and positioning them for success in the workforce. To ensure our service members, veterans, spouses, and other family members have the information they need to make informed decisions concerning their well-earned Federal military and veterans educational benefits, I am directing my Administration to develop Principles of Excellence to strengthen oversight, enforcement, and accountability within these benefits programs. Sec. 2. Principles of Excellence for Educational Institutions Serving Service Members, Veterans, Spouses, and Other Family Members. The Departments of Defense, Veterans Affairs, and Education shall establish Principles of Excellence (Principles) to apply to educational institutions receiving funding from Federal military and veterans educational benefits programs, including benefits programs provided by the Post-9/11 GI Bill and the Tuition Assist- ance Program. The Principles should ensure that these educational institu- tions provide meaningful information to service members, veterans, spouses, and other family members about the financial cost and quality of educational institutions to assist those prospective students in making choices about how to use their Federal educational benefits; prevent abusive and deceptive recruiting practices that target the recipients of Federal military and veterans educational benefits; and ensure that educational institutions provide high- quality academic and student support services to active-duty service mem- bers, reservists, members of the National Guard, veterans, and military fami- lies. VerDate Mar<15>2010 07:51 May 01, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 emcdonald on DSK29S0YB1PROD with MISCELLANEOUS 25862 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Presidential Documents To the extent permitted by law, the Principles, implemented pursuant to section 3 of this order, should require educational institutions receiving funding pursuant to Federal military and veterans educational benefits to: (a) prior to enrollment, provide prospective students who are eligible to receive Federal military and veterans educational benefits with a personal- ized and standardized form, as developed in a manner set forth by the Secretary of Education, working with the Secretaries of Defense and Veterans Affairs, to help those prospective students understand the total cost of the educational program, including tuition and fees; the amount of that cost that will be covered by Federal educational benefits; the type and amount of financial aid they may qualify for; their estimated student loan debt upon graduation; information about student outcomes; and other infor- mation to facilitate comparison of aid packages offered by different edu- cational institutions; (b) inform students who are eligible to receive Federal military and veterans educational benefits of the availability of Federal financial aid and have in place policies to alert those students of their potential eligibility for that aid before packaging or arranging private student loans or alternative financing programs; (c) end fraudulent and unduly aggressive recruiting techniques on and off military installations, as well as misrepresentation, payment of incentive compensation, and failure to meet State authorization requirements, con- sistent with the regulations issued by the Department of Education (34 C.F.R. 668.71–668.75, 668.14, and 600.9); (d) obtain the approval of the institution’s accrediting agency for new course or program offerings before enrolling students in such courses or programs, provided that such approval is appropriate under the substantive change requirements of the accrediting agency; (e) allow service members and reservists to be readmitted to a program if they are temporarily unable to attend class or have to suspend their studies due to service requirements, and take additional steps to accommo- date short absences due to service obligations, provided that satisfactory academic progress is being made by the service members and reservists prior to suspending their studies; (f) agree to an institutional refund policy that is aligned with the refund of unearned student aid rules applicable to Federal student aid provided through the Department of Education under Title IV of the Higher Education Act of 1965, as required under section 484B of that Act when students withdraw prior to course completion; (g) provide educational plans for all individuals using Federal military and veterans educational benefits that detail how they will fulfill all the requirements necessary to graduate and the expected timeline of completion; and (h) designate a point of contact for academic and financial advising (includ- ing access to disability counseling) to assist service member and veteran students and their families with the successful completion of their studies and with their job searches. Sec. 3. Implementation of the Principles of Excellence. (a) The Departments of Defense and Veterans Affairs shall reflect the Principles described in section 2 of this order in new agreements with educational institutions, to the extent practicable and permitted by law, concerning participation in the Yellow Ribbon Program for veterans under the Post-9/11 GI Bill or the Tuition Assistance Program for active duty service members. The Department of Veterans Affairs shall also notify all institutions participating in the Post-9/11 GI Bill program that they are strongly encouraged to comply with the Principles and shall post on the Department’s website those that do. (b) The Secretaries of Defense, Veterans Affairs, and Education, in consulta- tion with the Director of the Bureau of Consumer Financial Protection (CFPB) VerDate Mar<15>2010 07:51 May 01, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 emcdonald on DSK29S0YB1PROD with MISCELLANEOUS 25863 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Presidential Documents and the Attorney General, shall take immediate action to implement this order, and, within 90 days from the date of this order, report to the President their progress on implementation, including promptly revising regulations, Department of Defense Instructions, guidance documents, Memoranda of Understanding, and other policies governing programs authorized or funded by the Post-9/11 GI Bill and the Tuition Assistance Program to implement the Principles, to the extent permitted by law. (c) The Secretaries of Defense, Veterans Affairs, and Education shall de- velop a comprehensive strategy for developing service member and veteran student outcome measures that are comparable, to the maximum extent practicable, across Federal military and veterans educational benefit pro- grams, including, but not limited to, the Post-9/11 GI Bill and the Tuition Assistance Program. To the extent practicable, the student outcome measures should rely on existing administrative data to minimize the reporting burden on institutions participating in these benefit programs. The student outcome measures should permit comparisons across Federal educational programs and across institutions and types of institutions. The Secretary of Education, in consultation with the Secretaries of Defense and Veterans Affairs, shall also collect from educational institutions, as part of the Integrated Postsec- ondary Education Data System and other data collection systems, information on the amount of funding received pursuant to the Post-9/11 GI Bill and the Tuition Assistance Program. The Secretary of Education shall make this information publicly available on the College Navigator Website. (d) The Secretary of Veterans Affairs, in consultation with the Secretaries of Defense and Education, shall provide to prospective military and veteran students, prior to using their benefits, streamlined tools to compare edu- cational institutions using key measures of affordability and value through the Department of Veterans Affairs’ eBenefits portal. The eBenefits portal shall be updated to facilitate access to school performance information, consumer protection information, and key Federal financial aid documents. The Secretaries of Defense and Veterans Affairs shall also ensure that service members and veterans have access to that information through educational counseling offered by those Departments. Sec. 4. Strengthening Enforcement and Compliance Mechanisms. Service members, veterans, spouses, and other family members should have access to a strong enforcement system through which to file complaints when institutions fail to follow the Principles. Within 90 days of the date of this order, the Secretaries of Defense and Veterans Affairs, in consultation with the Secretary of Education and the Director of the CFPB, as well as with the Attorney General, as appropriate, shall submit to the President a plan to strengthen enforcement and compliance mechanisms. The plan shall include proposals to: (a) create a centralized complaint system for students receiving Federal military and veterans educational benefits to register complaints that can be tracked and responded to by the Departments of Defense, Veterans Affairs, Justice, and Education, the CFPB, and other relevant agencies; (b) institute uniform procedures for receiving and processing complaints across the State Approving Agencies (SAAs) that work with the Department of Veterans Affairs to review participating institutions, provide a coordinated mechanism across SAAs to alert the Department of Veterans Affairs to any complaints that have been registered at the State level, and create procedures for sharing information about complaints with the appropriate State officials, accrediting agency representatives, and the Secretary of Education; (c) institute uniform procedures for referring potential matters for civil or criminal enforcement to the Department of Justice and other relevant agencies; (d) establish procedures for targeted risk-based program reviews of institu- tions to ensure compliance with the Principles; VerDate Mar<15>2010 07:51 May 01, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 emcdonald on DSK29S0YB1PROD with MISCELLANEOUS 25864 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Presidential Documents (e) establish new uniform rules and strengthen existing procedures for access to military installations by educational institutions. These new rules should ensure, at a minimum, that only those institutions that enter into a memorandum of agreement pursuant to section 3(a) of this order are permitted entry onto a Federal military installation for the purposes of recruitment. The Department of Defense shall include specific steps for instructing installation commanders on commercial solicitation rules and the requirement of the Principles outlined in section 2(c) of this order; and (f) take all appropriate steps to ensure that websites and programs are not deceptively and fraudulently marketing educational services and benefits to program beneficiaries, including initiating a process to protect the term ‘‘GI Bill’’ and other military or veterans-related terms as trademarks, as appropriate. 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, 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 27, 2012. [FR Doc. 2012–10715 Filed 5–1–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 07:51 May 01, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 OB#1.EPS</GPH> emcdonald on DSK29S0YB1PROD with MISCELLANEOUS

Establishing Principles of Excellence for Educational Institutions Serving Service Members, Veterans, Spouses, and Other Family Members

2012-04-27T00:00:00

c73ad31f1eaa0fbb588966ac641b109d5f947d93ae614e5e94048fbf5345cec8

Presidential Executive Order

2010-28854 (13558)

Presidential Documents 69573 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Presidential Documents Executive Order 13558 of November 9, 2010 Export Enforcement Coordination 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 United States foreign policy and protect the national and economic security of the United States through strengthened and coordinated enforcement of United States export control laws and enhanced intelligence exchange in support of such enforcement efforts, it is hereby ordered as follows: Section 1. Policy. Export controls are critical to achieving our national security and foreign policy goals. To enhance our enforcement efforts and minimize enforcement conflicts, executive departments and agencies must coordinate their efforts to detect, prevent, disrupt, investigate, and prosecute violations of U.S. export control laws, and must share intelligence and law enforcement information related to these efforts to the maximum extent possible, consistent with national security and applicable law. Sec. 2. Establishment. (a) The Secretary of Homeland Security shall establish, within the Department of Homeland Security for administrative purposes, an interagency Federal Export Enforcement Coordination Center (Center). (b) The Center shall coordinate on matters relating to export enforcement among the following: (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 Commerce; (vi) the Department of Energy; (vii) the Department of Homeland Security; (viii) the Office of the Director of National Intelligence; and (ix) other executive branch departments, agencies, or offices as the Presi- dent, from time to time, may designate. (c) The Center shall have a Director, who shall be a full-time senior officer or employee of the Department of Homeland Security, designated by the Secretary of Homeland Security. The Center shall have two Deputy Directors, who shall be full-time senior officers or employees of the Depart- ment of Commerce and the Department of Justice, designated by the Secretary of Commerce and the Attorney General, respectively, 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 officer or employee of the Federal Government, designated by the Director of National Intel- ligence, and detailed or assigned to the Center. (d) The Center shall have a full-time staff reporting to the Director. To the extent permitted by law, executive departments and agencies enumerated in subsection (b) of this section are encouraged to detail or assign their employees to the Center without reimbursement. Sec. 3. Functions. The Center shall: (a) serve as the primary forum within the Federal Government for executive departments and agencies to coordinate and enhance their export control VerDate Mar<15>2010 16:22 Nov 12, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\15NOE0.SGM 15NOE0 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 69574 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Presidential Documents enforcement efforts and identify and resolve conflicts that have not been otherwise resolved in criminal and administrative investigations and actions involving violations of U.S. export control laws; (b) serve as a conduit between Federal law enforcement agencies and the U.S. Intelligence Community for the exchange of information related to potential U.S. export control violations; (c) serve as a primary point of contact between enforcement authorities and agencies engaged in export licensing; (d) coordinate law enforcement public outreach activities related to U.S. export controls; and (e) establish Government-wide statistical tracking capabilities for U.S. criminal and administrative export control enforcement activities, to be con- ducted by the Department of Homeland Security with information provided by and shared with all relevant departments and agencies participating in the Center. Sec. 4. Administration. (a) The Department of Homeland Security shall operate and provide funding and administrative support for the Center to the extent permitted by law and subject to the availability of appropriations. (b) The Director of the Center shall convene and preside at the Center’s meetings, determine its agenda, direct the work of the Center, and, as appro- priate to particular subject matters, organize and coordinate subgroups of the Center’s members. 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) 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) Nothing in this order shall be construed to provide exclusive or primary investigative authority to any agency. Agencies shall continue to investigate criminal and administrative export violations consistent with their existing authorities, jointly or separately, with coordination through the Center to enhance enforcement efforts and minimize potential for conflict. (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, 2010. [FR Doc. 2010–28854 Filed 11–12–10; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 16:22 Nov 12, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\15NOE0.SGM 15NOE0 OB#1.EPS</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS2

Export Enforcement Coordination Center

2010-11-09T00:00:00

7d432a839955f85685b9adb992d25fd691e698f26c92daa2bb0850ae1fab04dd

Presidential Executive Order

2010-25578 (13554)

Presidential Documents 62313 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Presidential Documents Executive Order 13554 of October 5, 2010 Establishing the Gulf Coast Ecosystem Restoration 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. The Gulf Coast is a national treasure. Its natural resources are an important economic engine for the entire United States; its waters sustain a diverse and vibrant ecosystem; and the Gulf’s culture, natural beauty, and historic significance are unique. Each year, millions of tourists visit the Gulf to vacation, swim, boat, fish, hunt, and bird-watch; and, together, the Gulf’s tourism and commercial and recreational fishing indus- tries make a significant contribution to the United States economy. More than 90 percent of the Nation’s offshore oil and gas is produced in the Gulf, and it is where nearly one-third of seafood production in the continental United States is harvested. The United States needs a vibrant Gulf Coast, and the Federal Government is committed to helping Gulf Coast residents conserve and restore resilient and healthy ecosystems in the Gulf of Mexico and surrounding regions that support the diverse economies, communities, and cultures of the region. To effectively address the damage caused by the BP Deepwater Horizon Oil Spill, address the longstanding ecological decline, and begin moving toward a more resilient Gulf Coast ecosystem, ecosystem restoration is need- ed. Ecosystem restoration will support economic vitality, enhance human health and safety, protect infrastructure, enable communities to better with- stand impact from storms and climate change, sustain safe seafood and clean water, provide recreational and cultural opportunities, protect and preserve sites that are of historical and cultural significance, and contribute to the overall resilience of our coastal communities and Nation. In order to achieve these objectives, it is necessary that Federal efforts be efficiently integrated with those of local stakeholders and that particular focus be given to innovative solutions and complex, large-scale restoration projects. Efforts must be science-based and well-coordinated to minimize duplication and ensure effective delivery of services. This order establishes a Gulf Coast Ecosystem Restoration Task Force to coordinate intergovern- mental responsibilities, planning, and exchange of information so as to better implement Gulf Coast ecosystem restoration and to facilitate appropriate accountability and support throughout the restoration process. Sec. 2. Establishment of the Gulf Coast Ecosystem Restoration Task Force. There is established the Gulf Coast Ecosystem Restoration Task Force (Task Force). (a) The Task Force shall consist of: (1) A senior official from each of the following executive departments, agencies, and offices, selected by the head of the respective department, agency, or office: a. the Department of Defense; b. the Department of Justice; c. the Department of the Interior; d. the Department of Agriculture; e. the Department of Commerce; f. the Department of Transportation; VerDate Mar<15>2010 15:45 Oct 07, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 62314 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Presidential Documents g. the Environmental Protection Agency; h. the Office of Management and Budget; i. the Council on Environmental Quality; j. the Office of Science and Technology Policy; k. the Domestic Policy Council; and l. other executive departments, agencies, and offices as the President may, from time to time, designate. (2) Five State representatives, appointed by the President upon rec- ommendation of the Governors of each Gulf State, who shall be elected officers of State governments (or their designated employees with authority to act on their behalf) acting in their official capacities. (b) The Task Force may include representatives from affected tribes, who shall be elected officers of those tribes (or their designated employees with authority to act on their behalf) acting in their official capacities. The Task Force shall, in collaboration with affected tribes, determine an appropriate structure for tribal participation in matters within the scope of the Task Force’s responsibilities. (c) The President shall designate a Chair of the Task Force from among senior officials of executive departments, agencies, and offices represented on the Task Force. The Chair shall lead the coordination of intergovernmental Gulf Coast ecosystem restoration efforts and oversee the work of the Task Force. The Chair shall regularly convene and preside at meetings of the Task Force, determine its agenda, and direct its work. The Chair’s duties shall also include: (1) facilitating a smooth transition from the response phase of addressing the BP Deepwater Horizon Oil Spill to the restoration phase; (2) communicating and engaging with States, tribes, local governments, other stakeholders in the Gulf Coast region, and the public on ecosystem restoration, as well as other aspects of Gulf recovery, including economic recovery and public health efforts; and (3) coordinating the efforts of executive departments, agencies, and offices related to the functions of the Task Force. (d) Representatives of the Gulf States under subsection (a)(2) of this section shall select from among themselves a Vice-Chair of the Task Force. Sec. 3. Functions of the Task Force. The Task Force shall be an advisory body to: (a) coordinate intergovernmental efforts to improve efficiency and effective- ness in the implementation of Gulf Coast ecosystem restoration actions; (b) support the Natural Resource Damage Assessment process by referring potential ecosystem restoration actions to the Natural Resource Damage As- sessment 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; (c) present to the President a Gulf of Mexico Regional Ecosystem Restora- tion Strategy (Strategy) as provided in section 4 of this order; (d) engage local stakeholders, communities, the public, and other officials throughout the Gulf Coast region to ensure that they have an opportunity to share their needs and viewpoints to inform the work of the Task Force, including the development of the Strategy; (e) provide leadership and coordination of research needs in support of ecosystem restoration planning and decisionmaking in the Gulf Coast region, and work with existing Federal and State advisory committees, as appro- priate, to facilitate consideration of relevant scientific and technical knowl- edge; (f) prepare a biennial update for the President on progress toward the goals of Gulf Coast ecosystem restoration, as outlined in the Strategy; VerDate Mar<15>2010 15:45 Oct 07, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 62315 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Presidential Documents (g) communicate with affected tribes in a manner consistent with Executive Order 13175 of November 6, 2000, on consultation and coordination with Indian tribal governments; and (h) coordinate with relevant executive departments, agencies, and offices on ways to encourage health and economic benefits associated with proposed ecosystem restoration actions. Sec. 4. Gulf of Mexico Regional Ecosystem Restoration Strategy. (a) Within 1 year of the date of this order, the Task Force shall prepare a Strategy that proposes a Gulf Coast ecosystem restoration agenda, including goals for ecosystem restoration, development of a set of performance indicators to track progress, and means of coordinating intergovernmental restoration efforts guided by shared priorities. In developing the Strategy, the Task Force shall: (1) define ecosystem restoration goals and describe milestones for making progress toward attainment of those goals; (2) consider existing research and ecosystem restoration planning efforts in the region, including initiatives undertaken by the National Ocean Council and the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force (Gulf Hypoxia Task Force), in order to identify planning and restoration needs and ways under existing authorities to address those needs; (3) identify major policy areas where coordinated intergovernmental action is necessary; (4) propose new programs or actions to implement elements of the Strategy where existing authorities are not sufficient; (5) identify monitoring, research, and scientific assessments needed to support decisionmaking for ecosystem restoration efforts and evaluate exist- ing monitoring programs and gaps in current data collection; and (6) describe the circumstances under which termination of the Task Force would be appropriate. (b) The executive departments, agencies, and offices enumerated in section 2(a)(1) of this order shall, to the extent permitted by law, consider ways to align their relevant programs and authorities with the Strategy. Sec. 5. 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 operation of the Task Force. (c) The Departments of Commerce (through the National Oceanic and Atmospheric Administration), the Interior (through the Fish and Wildlife Service), and Justice shall identify linkages and opportunities for the Task Force to complement the restoration progress of the Natural Resource Damage Assessment Trustee Council. (d) At the request of the Chair, executive departments and agencies, includ- ing the Departments of Labor, Health and Human Services, Energy, and Homeland Security, the Small Business Administration, and the National Science Foundation, shall serve in an advisory role to the Task Force on issues within their expertise. (e) The Task Force may establish such technical working groups as nec- essary to support its function. These working groups may include additional representatives from State and tribal governments, as appropriate, to provide for greater collaboration. (f) The first meeting of the Task Force shall be held within 90 days of the date of this order. Sec. 6. Definitions. (a) ‘‘Affected tribe’’ means any Indian tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges VerDate Mar<15>2010 15:45 Oct 07, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 62316 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Presidential Documents to exist as an Indian tribe as defined in the Federally Recognized Tribe List Act of 1994 (25 U.S.C. 479a(2)), physically located in a Gulf State. (b) ‘‘Ecosystem restoration’’ means all activities, projects, methods, and procedures appropriate to enhance the health and resilience of the Gulf Coast ecosystem, as measured in terms of the physical, biological, or chemical properties of the ecosystem, or the services it provides, and to strengthen its ability to support the diverse economies, communities, and cultures of the region. It includes activity that initiates or accelerates the recovery of an ecosystem with respect to its health, integrity, and sustainability. It also includes protecting and conserving ecosystems so they can continue to reduce impacts from tropical storms and other disasters, support robust economies, and assist in mitigating and adapting to the impacts of climate change. (c) ‘‘Gulf State’’ means any of the States of Texas, Louisiana, Mississippi, Alabama, and Florida. (d) ‘‘Natural Resource Damage Assessment’’ means the process of collecting and analyzing information to evaluate the nature and extent of natural resource injuries resulting from the BP Deepwater Horizon Oil Spill and to determine the restoration actions needed to bring injured natural resources and services back to baseline conditions and make the environment and public whole for interim losses as defined in 15 CFR 990.30. (e) ‘‘Natural Resource Damage Assessment Trustee Council’’ means the designated Federal, State, local, and tribal trustees as provided in 33 U.S.C. 2706, with trusteeship over natural resources injured, lost, or destroyed as a result of the BP Deepwater Horizon Oil Spill. Sec. 7. General Provisions. (a) To the extent permitted by law and subject to the availability of appropriations, the department, agency, or office rep- resented by the Chair shall provide the Task Force with such administrative services, funds, facilities, staff, and other support services as may be nec- essary for the Task Force to carry out its function. (b) In addition to staff provided by the department, agency, or office represented by the Chair, other executive departments, agencies, and offices represented on the Task Force are requested to make services, staff, and facilities available to the Task Force for the performance of its function to the maximum extent practicable, to the extent permitted by law and subject to the availability of appropriations. (c) Members of the Task Force shall serve without any additional com- pensation for their work on the Task Force. (d) 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. (e) Nothing in this order shall interfere with the statutory responsibilities and authority of the Natural Resource Damage Assessment Trustee Council or the individual trustees to carry out their statutory responsibilities to assess natural resource damages and implement restoration actions under 33 U.S.C. 2706 and other applicable law. (f) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 15:45 Oct 07, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 62317 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Presidential Documents (g) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, October 5, 2010. [FR Doc. 2010–25578 Filed 10–7–10; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 15:45 Oct 07, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 OB#1.EPS</GPH> erowe on DSK5CLS3C1PROD with MISCELLANEOUS

Establishing the Gulf Coast Ecosystem Restoration Task Force

2010-10-05T00:00:00

7e3d75eed29306d885fe252a78ce72b2467da6f812aa90a73160d104bc47db68

Presidential Executive Order

2010-21020 (13550)

Presidential Documents 51615 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Presidential Documents Executive Order 13550 of August 18, 2010 Establishment of Pakistan and Afghanistan Support Office By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 202 of the Revised Statutes (22 U.S.C. 2656) and section 3161 of title 5, United States Code, it is hereby ordered as follows: Section 1. Establishment. 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 Pakistan and Afghanistan Support Office (PASO). Sec. 2. Purpose of the Temporary Organization. The purpose of the PASO shall be to perform the specific project of supporting executive departments and agencies in strengthening the governments in Afghanistan and Pakistan, enhancing the capacity of those governments to resist extremists, and main- taining an effective U.S. diplomatic presence in both countries. Sec. 3. Functions of the Temporary Organization. In carrying out the purpose set forth in section 2, the PASO shall: (a) support executive departments and agencies in efforts to enhance civil- ian control and stable constitutional government in Pakistan, to promote a more capable, accountable, and effective government in Afghanistan that serves the Afghan people and eventually can function, especially regarding internal security, with limited international support, and to stimulate an economy that will provide licit opportunity for the people of Pakistan and Afghanistan; (b) assume the functions assigned to the Afghanistan Support Office (ASO) as of the date of this order; and (c) perform such other functions related to the specific project set forth in section 2 as the Secretary of State (Secretary) may assign. Sec. 4. Personnel and Administration. The PASO shall be headed by a Director appointed by the Secretary. The PASO shall be based in Washington, D.C., Pakistan, and Afghanistan. The Secretary shall transfer from the ASO to the PASO the personnel, assets, liabilities, and records of the ASO. Sec. 5. 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 06:32 Aug 20, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\23AUE1.SGM 23AUE1 rfrederick on DSKD9S0YB1PROD with RULES 51616 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / 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. (d) The PASO 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. THE WHITE HOUSE, August 18, 2010. [FR Doc. 2010–21020 Filed 8–20–10; 8:45 am] Billing code 3195–W0–P VerDate Mar<15>2010 06:32 Aug 20, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\23AUE1.SGM 23AUE1 OB#1.EPS</GPH> rfrederick on DSKD9S0YB1PROD with RULES

Establishment of Pakistan and Afghanistan Support Office

2010-08-18T00:00:00

8dd05d823eb79ce7ce7904dec4867aaf6996db560b59bc947ae24bab8b57b10d

Presidential Executive Order

2010-21016 (13549)

Presidential Documents 51609 Federal Register Vol. 75, No. 162 Monday, August 23, 2010 Title 3— The President Executive Order 13549 of August 18, 2010 Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to ensure the proper safe- guarding of information shared with State, local, tribal, and private sector entities, it is hereby ordered as follows: Section 1. Establishment and Policy. Sec. 1.1. There is established a Classified National Security Information Program (Program) designed to safeguard and govern access to classified national security information shared by the Federal Government with State, local, tribal, and private sector (SLTPS) entities. Sec. 1.2. The purpose of this order is to ensure that security standards governing access to and safeguarding of classified material are applied in accordance with Executive Order 13526 of December 29, 2009 (‘‘Classified National Security Information’’), Executive Order 12968 of August 2, 1995, as amended (‘‘Access to Classified Information’’), Executive Order 13467 of June 30, 2008 (‘‘Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information’’), and Executive Order 12829 of January 6, 1993, as amended (‘‘National Industrial Security Program’’). Procedures for uniform implementation of these standards by SLTPS entities shall be set forth in an implementing directive to be issued by the Secretary of Homeland Security within 180 days of the date of this order, in consulta- tion with affected executive departments and agencies (agencies), and with the concurrence of the Secretary of Defense, the Attorney General, the Direc- tor of National Intelligence, and the Director of the Information Security Oversight Office. Sec. 1.3. Additional policy provisions for access to and safeguarding of classified information shared with SLTPS personnel include the following: (a) Eligibility for access to classified information by SLTPS personnel shall be determined by a sponsoring agency. The level of access granted shall not exceed the Secret level, unless the sponsoring agency determines on a case-by-case basis that the applicant has a demonstrated and foreseeable need for access to Top Secret, Special Access Program, or Sensitive Compart- mented Information. (b) Upon the execution of a non-disclosure agreement prescribed by the Information Security Oversight Office or the Director of National Intelligence, and absent disqualifying conduct as determined by the clearance granting official, a duly elected or appointed Governor of a State or territory, or an official who has succeeded to that office under applicable law, may be granted access to classified information without a background investigation in accordance with the implementing directive for this order. This authoriza- tion of access may not be further delegated by the Governor to any other person. (c) All clearances granted to SLTPS personnel, as well as accreditations granted to SLTPS facilities without a waiver, shall be accepted reciprocally by all agencies and SLTPS entities. (d) Physical custody of classified information by State, local, and tribal (SLT) entities shall be limited to Secret information unless the location VerDate Mar<15>2010 06:31 Aug 20, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 rfrederick on DSKD9S0YB1PROD with RULES 51610 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Presidential Documents housing the information is under the full-time management, control, and operation of the Department of Homeland Security or another agency. A standard security agreement, established by the Department of Homeland Security in consultation with the SLTPS Advisory Committee, shall be exe- cuted between the head of the SLT entity and the U.S. Government for those locations where the SLT entity will maintain physical custody of classified information. (e) State, local, and tribal facilities where classified information is or will be used or stored shall be inspected, accredited, and monitored for compliance with established standards, in accordance with Executive Order 13526 and the implementing directive for this order, by the Department of Homeland Security or another agency that has entered into an agreement with the Department of Homeland Security to perform such inspection, accreditation, and monitoring. (f) Private sector facilities where classified information is or will be used or stored shall be inspected, accredited, and monitored for compliance with standards established pursuant to Executive Order 12829, as amended, by the Department of Defense or the cognizant security agency under Executive Order 12829, as amended. (g) Access to information systems that store, process, or transmit classified information shall be enforced by the rules established by the agency that controls the system and consistent with approved dissemination and handling markings applied by originators, separate from and in addition to criteria for determining eligibility for access to classified information. Access to information within restricted portals shall be based on criteria applied by the agency that controls the portal and consistent with approved dissemina- tion and handling markings applied by originators. (h) The National Industrial Security Program established in Executive Order 12829, as amended, shall govern the access to and safeguarding of classified information that is released to contractors, licensees, and grantees of SLT entities. (i) All access eligibility determinations and facility security accreditations granted prior to the date of this order that do not meet the standards set forth in this order or its implementing directive shall be reconciled with those standards within a reasonable period. (j) Pursuant to section 4.1(i)(3) of Executive Order 13526, documents cre- ated prior to the effective date of Executive Order 13526 shall not be re- disseminated to other entities without the consent of the originating agency. An agency head or senior agency official may waive this requirement for specific information that originated within that agency. Sec. 2. Policy Direction. With policy guidance from the National Security Advisor and in consultation with the Director of the Information Security Oversight Office, the Director of the Office of Management and Budget, and the heads of affected agencies, the Secretary of Homeland Security shall serve as the Executive Agent for the Program. This order does not displace any authorities provided by law or Executive Order and the Execu- tive Agent shall, to the extent practicable, make use of existing structures and authorities to preclude duplication and to ensure efficiency. Sec. 3. SLTPS Policy Advisory Committee. (a) There is established an SLTPS Policy Advisory Committee (Committee) to discuss Program-related policy issues in dispute in order to facilitate their resolution and to otherwise recommend changes to policies and procedures that are designed to remove undue impediments to the sharing of information under the Program. The Director of the Information Security Oversight Office shall serve as Chair of the Committee. An official designated by the Secretary of Homeland Security and a representative of SLTPS entities shall serve as Vice Chairs of the Committee. Members of the Committee shall include designees of the heads of the Departments of State, Defense, Justice, Transportation, and Energy, the Nuclear Regulatory Commission, the Office of the Director of VerDate Mar<15>2010 06:31 Aug 20, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 rfrederick on DSKD9S0YB1PROD with RULES 51611 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Presidential Documents National Intelligence, the Central Intelligence Agency, and the Federal Bureau of Investigation. Members shall also include employees of other agencies and representatives of SLTPS entities, as nominated by any Committee mem- ber and approved by the Chair. (b) Members of the Committee shall serve without compensation for their work on the Committee, except that any representatives of SLTPS entities may 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). (c) The Information Security Oversight Office shall provide staff support to the Committee. (d) Insofar as the Federal Advisory Committee Act, as amended (5 App. U.S.C.)(the ‘‘Act’’) may apply to this order, any functions of the President under that Act, except that of reporting to the Congress, which are applicable to the Committee, shall be performed by the Administrator of General Serv- ices in accordance with guidelines and procedures established by the General Services Administration. Sec. 4. Operations and Oversight. (a) The Executive Agent for the Program shall perform the following responsibilities: (1) overall program management and oversight; (2) accreditation, periodic inspection, and monitoring of all facilities owned or operated by SLT entities that have access to classified information, except when another agency has entered into an agreement with the Department of Homeland Security to perform some or all of these functions; (3) processing of security clearance applications by SLTPS personnel, when requested by a sponsoring agency, on a reimbursable basis unless otherwise determined by the Department of Homeland Security and the sponsoring agency; (4) documenting and tracking the final status of security clearances for all SLTPS personnel in consultation with the Office of Personnel Manage- ment, the Department of Defense, and the Office of the Director of National Intelligence; (5) developing and maintaining a security profile of SLT facilities that have access to classified information; and (6) developing training, in consultation with the Committee, for all SLTPS personnel who have been determined eligible for access to classified infor- mation, which shall cover the proper safeguarding of classified information and sanctions for unauthorized disclosure of classified information. (b) The Secretary of Defense, or the cognizant security agency under Executive Order 12829, as amended, shall provide program management, oversight, inspection, accreditation, and monitoring of all private sector facili- ties that have access to classified information. (c) The Director of National Intelligence may inspect and monitor SLTPS programs and facilities that involve access to information regarding intel- ligence sources, methods, and activities. (d) Heads of agencies that sponsor SLTPS personnel and facilities for access to and storage of classified information under section 1.3(a) of this order shall: (1) ensure on a periodic basis that there is a demonstrated, foreseeable need for such access; and (2) provide the Secretary of Homeland Security with information, as re- quested by the Secretary, about SLTPS personnel sponsored for security clearances and SLT facilities approved for use of classified information prior to and after the date of this order, except when the disclosure of the association of a specific individual with an intelligence or law enforcement agency must be protected in the interest of national security, as determined by the intelligence or law enforcement agency. VerDate Mar<15>2010 06:31 Aug 20, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 rfrederick on DSKD9S0YB1PROD with RULES 51612 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Presidential Documents Sec. 5. Definitions. For purposes of this order: (a) ‘‘Access’’ means the ability or opportunity to gain knowledge of classified information. (b) ‘‘Agency’’ means any ‘‘Executive agency’’ as defined in 5 U.S.C. 105; any military department as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into possession of classified informa- tion. (c) ‘‘Classified National Security Information’’ or ‘‘classified information’’ means information that has been determined pursuant to Executive Order 13526, or any predecessor or successor order, to require protection against unauthorized disclosure, and is marked to indicate its classified status when in documentary form. (d) ‘‘Information’’ means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. (e) ‘‘Intelligence activities’’ means all activities that elements of the Intel- ligence Community are authorized to conduct pursuant to law or Executive Order 12333, as amended, or a successor order. (f) ‘‘Local’’ entities refers to ‘‘(A) a county, municipality, city, town, town- ship, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local govern- ment; and (B) a rural community, unincorporated town or village, or other public entity’’ as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(11)). (g) ‘‘Private sector’’ means persons outside government who are critically involved in ensuring that public and private preparedness and response efforts are integrated as part of the Nation’s Critical Infrastructure or Key Resources (CIKR), including: (1) corporate owners and operators determined by the Secretary of Home- land Security to be part of the CIKR; (2) subject matter experts selected to assist the Federal or State CIKR; (3) personnel serving in specific leadership positions of CIKR coordination, operations, and oversight; (4) employees of corporate entities relating to the protection of CIKR; or (5) other persons not otherwise eligible for the granting of a personnel security clearance pursuant to Executive Order 12829, as amended, who are determined by the Secretary of Homeland Security to require a per- sonnel security clearance. (h) ‘‘Restricted portal’’ means a protected community of interest or similar area housed within an information system and to which access is controlled by a host agency different from the agency that controls the information system. (i) ‘‘Sponsoring Agency’’ means an agency that recommends access to or possession of classified information by SLTPS personnel. (j) ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any posses- sion of the United States, as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(15)). (k) ‘‘State, local, and tribal personnel’’ means any of the following persons: (1) Governors, mayors, tribal leaders, and other elected or appointed offi- cials of a State, local government, or tribe; VerDate Mar<15>2010 06:31 Aug 20, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 rfrederick on DSKD9S0YB1PROD with RULES 51613 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Presidential Documents (2) State, local, and tribal law enforcement personnel and firefighters; (3) public health, radiological health, and medical professionals of a State, local government, or tribe; and (4) regional, State, local, and tribal emergency management agency per- sonnel, including State Adjutants General and other appropriate public safety personnel and those personnel providing support to a Federal CIKR mission. (l) ‘‘Tribe’’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe as defined in the Federally Recognized Tribe List Act of 1994 (25 U.S.C. 479a(2)). (m) ‘‘United States’’ when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States and any waters within the territorial jurisdiction of the United States. Sec. 6. General Provisions. (a) This order does not change the requirements of Executive Orders 13526, 12968, 13467, or 12829, as amended, and their successor orders and directives. (b) 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 (42 U.S.C. 2011 et seq.); the Secretary of Defense under Executive Order 12829, as amended; the Director of the Information Security Oversight Office under Executive Order 13526 and Executive Order 12829, as amended; the Attorney General under title 18, United States Code, and the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.); the Secretary of State under title 22, United States Code, and the Omnibus Diplomatic Security and Antiterrorism Act of 1986; or the Director of National Intelligence under the National Security Act of 1947, as amended, Executive Order 12333, as amended, Executive Order 12968, as amended, Executive Order 13467, and Executive Order 13526. (c) Nothing in this order shall limit the authority of an agency head, or the agency head’s designee, to authorize in an emergency and when necessary to respond to an imminent threat to life or in defense of the homeland, in accordance with section 4.2(b) of Executive Order 13526, the disclosure of classified information to an individual or individuals who are otherwise not eligible for access in accordance with the provisions of Executive Order 12968. (d) Consistent with section 892(a)(4) of the Homeland Security Act of 2002 (6 U.S.C. 482(a)(4)), nothing in this order shall be interpreted as chang- ing the requirements and authorities to protect sources and methods. (e) Nothing in this order shall supersede measures established under the authority of law or Executive Order to protect the security and integrity of specific activities and associations that are in direct support of intelligence operations. (f) Pursuant to section 892(e) of the Homeland Security Act of 2002 (6 U.S.C. 482(e)), all information provided to an SLTPS entity from an agency shall remain under the control of the Federal Government. Any State or local law authorizing or requiring disclosure shall not apply to such information. (g) Nothing in this order limits the protection afforded any classified information by other provisions of law. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 06:31 Aug 20, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 rfrederick on DSKD9S0YB1PROD with RULES 51614 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Presidential Documents (h) Nothing in this order shall be construed to obligate action or otherwise affect functions by the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (i) This order shall be implemented subject to the availability of appropria- tions and consistent with procedures approved by the Attorney General pursuant to Executive Order 12333, as amended. Sec. 7. Effective Date. This order is effective 180 days from the date of this order with the exception of section 3, which is effective immediately. THE WHITE HOUSE, August 18, 2010. [FR Doc. 2010–21016 Filed 8–20–10; 8:45 am] Billing code 3195–W0–P VerDate Mar<15>2010 06:31 Aug 20, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 OB#1.EPS</GPH> rfrederick on DSKD9S0YB1PROD with RULES

Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities

2010-08-18T00:00:00

4208f3ae71d2e4e823a8d9369eaca098b0b6164dad388d020c4d478cbe6c2afa

Presidential Executive Order

2010-32960 (13561)

Presidential Documents 81817 Federal Register Vol. 75, No. 249 Wednesday, December 29, 2010 Title 3— The President Executive Order 13561 of December 22, 2010 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 laws cited herein, it is hereby ordered as follows: Section 1. Statutory Pay Systems. Pursuant to the Continuing Appropriations and Surface Transportation Extensions Act, 2011 (H.R. 3082), which I signed into law today (the ‘‘Continuing Appropriations Act’’), 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 (Public Law 111–84; 5 U.S.C. 5304 note), and the Continuing Appropriations Act, 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 03:30 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81818 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2011. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2011. Sec. 8. Prior Order Superseded. Executive Order 13525 of December 23, 2009, is superseded. THE WHITE HOUSE, December 22, 2010. Billing code 3195–W1–P VerDate Mar<15>2010 03:30 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81819 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.027</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81820 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.028</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81821 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.029</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81822 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.030</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81823 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.031</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81824 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.032</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81825 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.033</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81826 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.034</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81827 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.035</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 81828 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Presidential Documents [FR Doc. 2010–32960 Filed 12–28–10; 8:45 am] Billing code 6325–01–C VerDate Mar<15>2010 03:21 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\29DEE0.SGM 29DEE0 ED29DE10.036</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Adjustments of Certain Rates of Pay

2010-12-22T00:00:00

823ca0587d409fba75b6a17fc1d9150b4b4b52e6a7cdf84772f97bdd5b363266

Presidential Executive Order

2010-18988 (13548)

Presidential Documents 45039 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Presidential Documents Executive Order 13548 of July 26, 2010 Increasing Federal Employment of Individuals With Disabil- ities 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 the Federal Government as a model employer of individuals with disabilities, it is hereby ordered as follows: Section 1. Policy. Approximately 54 million Americans are living with a disability. The Federal Government has an important interest in reducing discrimination against Americans living with a disability, in eliminating the stigma associated with disability, and in encouraging Americans with disabilities to seek employment in the Federal workforce. Yet Americans with disabilities have an employment rate far lower than that of Americans without disabilities, and they are underrepresented in the Federal workforce. Individuals with disabilities currently represent just over 5 percent of the nearly 2.5 million people in the Federal workforce, and individuals with targeted disabilities (as defined below) currently represent less than 1 percent of that workforce. On July 26, 2000, in the final year of his administration, President Clinton signed Executive Order 13163, calling for an additional 100,000 individuals with disabilities to be employed by the Federal Government over 5 years. Yet few steps were taken to implement that Executive Order in subsequent years. As the Nation’s largest employer, the Federal Government must become a model for the employment of individuals with disabilities. Executive de- partments and agencies (agencies) must improve their efforts to employ workers with disabilities through increased recruitment, hiring, and retention of these individuals. My Administration is committed to increasing the number of individuals with disabilities in the Federal workforce through compliance with Executive Order 13163 and achievement of the goals set forth therein over 5 years, including specific goals for hiring individuals with targeted disabilities. Sec. 2. Recruitment and Hiring of Individuals with Disabilities. (a) Within 60 days of the date of this order, the Director of the Office of Personnel Management, in consultation with the Secretary of Labor, the Chair of the Equal Employment Opportunity Commission, and the Director of the Office of Management and Budget, shall design model recruitment and hiring strate- gies for agencies seeking to increase their employment of people with disabil- ities and develop mandatory training programs for both human resources personnel and hiring managers on the employment of individuals with dis- abilities. (b) Within 120 days of the date the Office of Personnel Management sets forth strategies and programs required under subsection (a), each agency shall develop an agency-specific plan for promoting employment opportuni- ties for individuals with disabilities. The plan shall be developed in consulta- tion with and, as appropriate, subject to approval by the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, and shall, consistent with law, include performance targets and numerical goals for employment of individuals with disabilities and sub-goals for employment of individuals with targeted disabilities. VerDate Mar<15>2010 21:28 Jul 29, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\30JYEO.SGM 30JYEO sroberts on DSKD5P82C1PROD with RULES 45040 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Presidential Documents (c) Each agency shall designate a senior-level agency official to be account- able for enhancing employment opportunities for individuals with disabilities and individuals with targeted disabilities within the agency, consistent with law, and for meeting the goals of this order. This official, among other things, shall be accountable for developing and implementing the agency’s plan under subsection (b), creating recruitment and training programs for employment of individuals with disabilities and targeted disabilities, and coordinating employment counseling to help match the career aspirations of individuals with disabilities to the needs of the agency. (d) In implementing their plans, agencies, to the extent permitted by law, shall increase utilization of the Federal Government’s Schedule A ex- cepted service hiring authority for persons with disabilities and increase participation of individuals with disabilities in internships, fellowships, and training and mentoring programs. (e) The Office of Personnel Management shall assist agencies with the implementation of their plans. The Director of the Office of Personnel Man- agement, in consultation with the Director of the Office of Management and Budget, shall implement a system for reporting regularly to the President, the heads of agencies, and the public on agencies’ progress in implementing their plans and the objectives of this order. The Office of Personnel Manage- ment, to the extent permitted by law, shall compile and post on its website Government-wide statistics on the hiring of individuals with disabilities. Sec. 3. Increasing Agencies’ Retention and Return to Work of Individuals with Disabilities. (a) The Director of the Office of Personnel Management, in consultation with the Secretary of Labor and the Chair of the Equal Employment Opportunity Commission, shall identify and assist agencies in implementing strategies for retaining Federal workers with disabilities in Federal employment including, but not limited to, training, the use of centralized funds to provide reasonable accommodations, increasing access to appropriate accessible technologies, and ensuring the accessibility of phys- ical and virtual workspaces. (b) Agencies shall make special efforts, to the extent permitted by law, to ensure the retention of those who are injured on the job. Agencies shall work to improve, expand, and increase successful return-to-work outcomes for those of their employees who sustain work-related injuries and illnesses, as defined under the Federal Employees’ Compensation Act (FECA), by increasing the availability of job accommodations and light or limited duty jobs, removing disincentives for FECA claimants to return to work, and taking other appropriate measures. The Secretary of Labor, in consultation with the Director of the Office of Personnel Management, shall pursue innova- tive re-employment strategies and develop policies, procedures, and struc- tures that foster improved return-to-work outcomes, including by pursuing overall reform of the FECA system. The Secretary of Labor shall also propose specific outcome measures and targets by which each agency’s progress in carrying out return-to-work and FECA claims processing efforts can be assessed. Sec. 4. Definitions. (a) ‘‘Disability’’ shall be defined as set forth in the ADA Amendments Act of 2008. (b) ‘‘Targeted disability’’ shall be defined as set forth on the form for self-identification of disability, Standard Form 256 (SF 256), issued by the Office of Personnel Management, or any replacements, updates, or revisions thereto. (c) Not less than 1 year after the date of this order and in consultation with the Equal Employment Opportunity Commission, the Department of Labor, and the Office of Management and Budget, the Office of Personnel Management shall review the effectiveness of the definition of targeted dis- ability set forth in SF 256 and replace, update, or revise it as appropriate. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: VerDate Mar<15>2010 21:28 Jul 29, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\30JYEO.SGM 30JYEO sroberts on DSKD5P82C1PROD with RULES 45041 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Presidential Documents (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, and shall not be construed to require any Federal employee to disclose disability status involuntarily. (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 26, 2010. [FR Doc. 2010–18988 Filed 7–29–10; 11:15 am] Billing code 3195–W0–P VerDate Mar<15>2010 21:28 Jul 29, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\30JYEO.SGM 30JYEO OB#1.EPS</GPH> sroberts on DSKD5P82C1PROD with RULES

Increasing Federal Employment of Individuals With Disabilities

2010-07-26T00:00:00

2d140e1a21d444f6286d96acb682eccc09aabfe629414ce1e2a1f98c24276280

Presidential Executive Order

2010-18169 (13547)

Presidential Documents 43023 Federal Register Vol. 75, No. 140 Thursday, July 22, 2010 Title 3— The President Executive Order 13547 of July 19, 2010 Stewardship of the Ocean, Our Coasts, and the Great Lakes By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. The ocean, our coasts, and the Great Lakes provide jobs, food, energy resources, ecological services, recreation, and tourism opportunities, and play critical roles in our Nation’s transportation, economy, and trade, as well as the global mobility of our Armed Forces and the maintenance of international peace and security. The Deepwater Horizon oil spill in the Gulf of Mexico and resulting environmental crisis is a stark reminder of how vulnerable our marine environments are, and how much communities and the Nation rely on healthy and resilient ocean and coastal ecosystems. America’s stewardship of the ocean, our coasts, and the Great Lakes is intrinsically linked to environmental sustainability, human health and well-being, national prosperity, adaptation to climate and other environmental changes, social justice, international diplomacy, and national and homeland security. This order adopts the recommendations of the Interagency Ocean Policy Task Force, except where otherwise provided in this order, and directs executive agencies to implement those recommendations under the guidance of a National Ocean Council. Based on those recommendations, this order establishes a national policy to ensure the protection, maintenance, and restoration of the health of ocean, coastal, and Great Lakes ecosystems and resources, enhance the sustainability of ocean and coastal economies, pre- serve our maritime heritage, support sustainable uses and access, provide for adaptive management to enhance our understanding of and capacity to respond to climate change and ocean acidification, and coordinate with our national security and foreign policy interests. This order also provides for the development of coastal and marine spatial plans that build upon and improve existing Federal, State, tribal, local, and regional decisionmaking and planning processes. These regional plans will enable a more integrated, comprehensive, ecosystem-based, flexible, and proactive approach to planning and managing sustainable multiple uses across sectors and improve the conservation of the ocean, our coasts, and the Great Lakes. Sec. 2. Policy. (a) To achieve an America whose stewardship ensures that the ocean, our coasts, and the Great Lakes are healthy and resilient, safe and productive, and understood and treasured so as to promote the well- being, prosperity, and security of present and future generations, it is the policy of the United States to: (i) protect, maintain, and restore the health and biological diversity of ocean, coastal, and Great Lakes ecosystems and resources; (ii) improve the resiliency of ocean, coastal, and Great Lakes ecosystems, communities, and economies; (iii) bolster the conservation and sustainable uses of land in ways that will improve the health of ocean, coastal, and Great Lakes ecosystems; (iv) use the best available science and knowledge to inform decisions affecting the ocean, our coasts, and the Great Lakes, and enhance human- ity’s capacity to understand, respond, and adapt to a changing global environment; VerDate Mar<15>2010 20:32 Jul 21, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\22JYE0.SGM 22JYE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 43024 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Presidential Documents (v) support sustainable, safe, secure, and productive access to, and uses of the ocean, our coasts, and the Great Lakes; (vi) respect and preserve our Nation’s maritime heritage, including our social, cultural, recreational, and historical values; (vii) exercise rights and jurisdiction and perform duties in accordance with applicable international law, including respect for and preservation of navigational rights and freedoms, which are essential for the global economy and international peace and security; (viii) increase scientific understanding of ocean, coastal, and Great Lakes ecosystems as part of the global interconnected systems of air, land, ice, and water, including their relationships to humans and their activities; (ix) improve our understanding and awareness of changing environmental conditions, trends, and their causes, and of human activities taking place in ocean, coastal, and Great Lakes waters; and (x) foster a public understanding of the value of the ocean, our coasts, and the Great Lakes to build a foundation for improved stewardship. (b) The United States shall promote this policy by: (i) ensuring a comprehensive and collaborative framework for the steward- ship of the ocean, our coasts, and the Great Lakes that facilitates cohesive actions across the Federal Government, as well as participation of State, tribal, and local authorities, regional governance structures, nongovern- mental organizations, the public, and the private sector; (ii) cooperating and exercising leadership at the international level; (iii) pursuing the United States’ accession to the Law of the Sea Convention; and (iv) supporting ocean stewardship in a fiscally responsible manner. Sec. 3. Definitions. As used in this order: (a) ‘‘Final Recommendations’’ means the Final Recommendations of the Interagency Ocean Policy Task Force that shall be made publicly available and for which a notice of public availability shall be published in the Federal Register. (b) The term ‘‘coastal and marine spatial planning’’ means a comprehensive, adaptive, integrated, ecosystem-based, and transparent spatial planning proc- ess, based on sound science, for analyzing current and anticipated uses of ocean, coastal, and Great Lakes areas. Coastal and marine spatial planning identifies areas most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, and preserve critical ecosystem services to meet economic, environmental, security, and social objectives. In practical terms, coastal and marine spatial planning provides a public policy process for society to better determine how the ocean, our coasts, and Great Lakes are sustainably used and protected—now and for future generations. (c) The term ‘‘coastal and marine spatial plans’’ means the plans that are certified by the National Ocean Council as developed in accordance with the definition, goals, principles, and process described in the Final Recommendations. Sec. 4. Establishment of National Ocean Council. (a) There is hereby estab- lished the National Ocean Council (Council). (b) The Council shall consist of the following: (i) the Chair of the Council on Environmental Quality and the Director of the Office of Science and Technology Policy, who shall be the Co- Chairs of the Council; (ii) the Secretaries of State, Defense, the Interior, Agriculture, Health and Human Services, Commerce, Labor, Transportation, Energy, and Homeland Security, the Attorney General, the Administrator of the Environmental Protection Agency, the Director of the Office of Management and Budget, VerDate Mar<15>2010 20:32 Jul 21, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\22JYE0.SGM 22JYE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 43025 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Presidential Documents the Under Secretary of Commerce for Oceans and Atmosphere (Adminis- trator of the National Oceanic and Atmospheric Administration), the Ad- ministrator of the National Aeronautics and Space Administration, the Director of National Intelligence, the Director of the National Science Foundation, and the Chairman of the Joint Chiefs of Staff; (iii) the National Security Advisor and the Assistants to the President for Homeland Security and Counterterrorism, Domestic Policy, Energy and Climate Change, and Economic Policy; (iv) an employee of the Federal Government designated by the Vice Presi- dent; and (v) such other officers or employees of the Federal Government as the Co-Chairs of the Council may from time to time designate. (c) The Co-Chairs shall invite the participation of the Chairman of the Federal Energy Regulatory Commission, to the extent consistent with the Commission’s statutory authorities and legal obligations, and may invite the participation of such other independent agencies as the Council deems appropriate. (d) The Co-Chairs of the Council, in consultation with the National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism, shall regularly convene and preside at meetings of the Council, determine its agenda, direct its work, and, as appropriate to address particular subject matters, establish and direct committees of the Council that shall consist exclusively of members of the Council. (e) A member of the Council may designate, to perform committee functions of the member, any person who is within such member’s department, agency, or office and who is (i) an officer of the United States appointed by the President, (ii) a member of the Senior Executive Service or the Senior Intelligence Service, (iii) a general officer or flag officer, or (iv) an employee of the Vice President. (f) Consistent with applicable law and subject to the availability of appro- priations, the Office of Science and Technology Policy and the Council on Environmental Quality shall provide the Council with funding, including through the National Science and Technology Council or the Office of Envi- ronmental Quality. The Council on Environmental Quality shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support necessary to implement this order. (g) The day-to-day operations of the Council shall be administered by a Director and a Deputy Director, who shall supervise a full-time staff to assist the Co-Chairs in their implementation of this order. Sec. 5. Functions of the Council. (a) The Council shall have the structure and function and operate as defined in the Final Recommendations. The Council is authorized, after the Council’s first year of operation, to make modifications to its structure, function, and operations to improve its effec- tiveness and efficiency in furthering the policy set forth in section 2 of this order. (b) To implement the policy set forth in section 2 of this order, the Council shall provide appropriate direction to ensure that executive depart- ments’, agencies’, or offices’ decisions and actions affecting the ocean, our coasts, and the Great Lakes will be guided by the stewardship principles and national priority objectives set forth in the Final Recommendations, to the extent consistent with applicable law. The Council shall base its decisions on the consensus of its members. With respect to those matters in which consensus cannot be reached, the National Security Advisor shall coordinate with the Co-Chairs and, as appropriate, the Assistants to the President for Energy and Climate Change, and Economic Policy, and the employee of the United States designated by the Vice President, subject to the limitations set forth in section 9 of this order, to present the disputed issue or issues for decision by the President. VerDate Mar<15>2010 20:32 Jul 21, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\22JYE0.SGM 22JYE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 43026 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Presidential Documents Sec. 6. Agency Responsibilities. (a) All executive departments, agencies, and offices that are members of the Council and any other executive depart- ment, agency, or office whose actions affect the ocean, our coasts, and the Great Lakes shall, to the fullest extent consistent with applicable law: (i) take such action as necessary to implement the policy set forth in section 2 of this order and the stewardship principles and national priority objectives as set forth in the Final Recommendations and subsequent guidance from the Council; and (ii) participate in the process for coastal and marine spatial planning and comply with Council certified coastal and marine spatial plans, as described in the Final Recommendations and subsequent guidance from the Council. (b) Each executive department, agency, and office that is required to take actions under this order shall prepare and make publicly available an annual report including a concise description of actions taken by the agency in the previous calendar year to implement the order, a description of written comments by persons or organizations regarding the agency’s compliance with this order, and the agency’s response to such comments. (c) Each executive department, agency, and office that is required to take actions under this order shall coordinate and contribute resources, as appro- priate, to assist in establishing a common information management system as defined in the Final Recommendations and shall be held accountable for managing its own information assets by keeping them current, easily accessible, and consistent with Federal standards. (d) To the extent permitted by law, executive departments, agencies, and offices shall provide the Council such information, support, and assistance as the Council, through the Co-Chairs, may request. Sec. 7. Governance Coordinating Committee. The Council shall establish a Governance Coordinating Committee that shall consist of 18 officials from State, tribal, and local governments in accordance with the Final Rec- ommendations. The Committee may establish subcommittees chaired by rep- resentatives of the Governance Coordinating Committee. These subcommit- tees may include additional representatives from State, tribal, and local governments, as appropriate to provide for greater collaboration and diversity of views. Sec. 8. Regional Advisory Committees. The lead Federal department, agency, or office for each regional planning body established for the development of regional coastal and marine spatial plans, in consultation with their nonfederal co-lead agencies and membership of their regional planning body, shall establish such advisory committees under the Federal Advisory Com- mittee Act, 5 U.S.C. App., as they deem necessary to provide information and to advise the regional planning body on the development of regional coastal and marine spatial plans to promote the policy established in section 2 of this order. Sec. 9. General Provisions. (a) Nothing in this order, the establishment of the Council, and the Final Recommendations shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department or agency or the head thereof; or (ii) functions assigned by the President to the National Security Council or Homeland Security Council (including subordinate bodies) relating to matters affecting foreign affairs, national security, homeland security, or intelligence. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. VerDate Mar<15>2010 20:32 Jul 21, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\22JYE0.SGM 22JYE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 43027 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Presidential Documents (c) In carrying out the provisions of this order and implementing the Final Recommendations, all actions of the Council and the executive depart- ments, agencies, and offices that constitute it shall be consistent with applica- ble international law, including customary international law, such as that reflected in the Law of the Sea Convention. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec. 10. Revocation. Executive Order 13366 of December 17, 2004, is hereby revoked. THE WHITE HOUSE, July 19, 2010. [FR Doc. 2010–18169 Filed 7–21–10; 11:15 am] Billing code 3195–W0–P VerDate Mar<15>2010 20:32 Jul 21, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\22JYE0.SGM 22JYE0 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Stewardship of the Ocean, Our Coasts, and the Great Lakes

2010-07-19T00:00:00

107eb7ffa35975c7b5ed9b639d0752ffb63cfda3f86c88747a6cce5512f8fb18

Presidential Executive Order

2010-16864 (13546)

Presidential Documents 39439 Federal Register Vol. 75, No. 130 Thursday, July 8, 2010 Title 3— The President Executive Order 13546 of July 2, 2010 Optimizing the Security of Biological Select Agents and Tox- ins in the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States that: (a) A robust and productive scientific enterprise that utilizes biological select agents and toxins (BSAT) is essential to national security; (b) BSAT shall be secured in a manner appropriate to their risk of misuse, theft, loss, and accidental release; and (c) Security measures shall be taken in a coordinated manner that balances their efficacy with the need to minimize the adverse impact on the legitimate use of BSAT. Sec. 2. Definitions. (a) ‘‘Select Agent Program’’ (SAP) means the regulatory oversight and administrative activities conducted by the Secretaries of Health and Human Services and Agriculture and the Attorney General to implement the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 and the Agricultural Bioterrorism Protection Act of 2002. (b) ‘‘Select Agent Regulations’’ (SAR) means the Federal regulations found in Part 73 of Title 42 of the Code of Federal Regulations, Part 331 of Title 7 of the Code of Federal Regulations, and Part 121 of Title 9 of the Code of Federal Regulations. (c) ‘‘Biological Select Agents and Toxins’’ means biological agents and toxins with the potential to pose a severe threat to public health and safety, animal and plant health, or animal and plant products and whose possession, use, and transfer are regulated by the Department of Health and Human Services and the Department of Agriculture under the SAR. Sec. 3. Findings. (a) The use of BSAT presents the risk that BSAT might be lost, stolen, or diverted for malicious purpose. The SAP exists to provide effective regulatory oversight of the possession, use, and transfer of BSAT that reduces the risk of their misuse or mishandling. The absence of clearly defined, risk-based security measures in the SAR/SAP has raised concern about the need for optimized security and for risk management. (b) In addition, variations in, and limited coordination of, individual execu- tive departments’ and agencies’ oversight, security practices, and inspections have raised concerns that the cost and complexity of compliance for those who are registered to work with BSAT could discourage research or other legitimate activities. (c) Understanding that research and laboratory work on BSAT is essential to both public health and national security, it is in the interest of the United States to address these issues. Sec. 4. Risk-based Tiering of the Select Agent List. To help ensure that BSAT are secured according to level of risk, the Secretaries of Health and Human Services and Agriculture shall, through their ongoing review of the biological Select Agents and Toxins List (‘‘Select Agent List’’) contained in regulations, and no later than 18 months from the date of this order: (a) designate a subset of the Select Agent List (Tier 1) that presents the greatest risk of deliberate misuse with most significant potential for mass casualties or devastating effects to the economy, critical infrastructure, or public confidence; VerDate Mar<15>2010 17:17 Jul 07, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\08JYE0.SGM 08JYE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 39440 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Presidential Documents (b) explore options for graded protection of Tier 1 agents and toxins as described in subsection (a) of this section to permit tailored risk manage- ment practices based upon relevant contextual factors; and (c) consider reducing the overall number of agents and toxins on the Select Agent List. Sec. 5. Revision of Regulations, Rules, and Guidance to Accommodate a Tiered Select Agent List. Consistent with section 4 of this order, I request that: (a) The Secretaries of Health and Human Services and Agriculture, no later than 15 months from the date of this order, propose amendments to their respective parts of the SAR that would establish security standards specific to Tier 1 agents and toxins. (b) The Secretaries of Health and Human Services and Agriculture each, no later than 27 months from the date of this order, promulgate final rules and guidance that clearly articulate security actions for registrants who possess, use, or transfer Tier 1 agents and toxins. Sec. 6. Coordination of Federal Oversight for BSAT Security. To ensure that the policies and practices used to secure BSAT are harmonized and that the related oversight activities of the Federal Government are coordi- nated, the heads of executive departments and agencies identified in section 7(a)(ii) of this order shall: (a) no later than 6 months from the date of this order, develop and implement a plan for the coordination of BSAT security oversight that: (i) articulates a mechanism for coordinated and reciprocal inspection of and harmonized administrative practices for facilities registered with the SAP; (ii) ensures consistent and timely identification and resolution of BSAT security and compliance issues; (iii) facilitates information sharing among departments and agencies regard- ing ongoing oversight and inspection activities; and (iv) provides for comprehensive and effective Federal oversight of BSAT security; and (b) no later than 6 months from the issuance of final rules and guidance as described in section 5 of this order, and annually thereafter, review for inconsistent requirements and revise or rescind, as appropriate, any regulations, directives, guidance, or policies regarding BSAT security within their department or agency that exceed those in the updated SAR and guidance as described in section 5 of this order. Sec. 7. Implementation. (a) Establishment, Operation, and Functions of the Federal Experts Security Advisory Panel. (i) There is hereby established, within the Department of Health and Human Services for administrative purposes only, the Federal Experts Security Advisory Panel (Panel), which shall make technical and sub- stantive recommendations on BSAT security concerning the SAP. (ii) The Panel shall consist of representatives from the following, who may consult with additional experts from their department or agency as required: 1. the Department of State; 2. the Department of Defense; 3. the Department of Justice; 4. the Department of Agriculture (Co-Chair); 5. the Department of Commerce; 6. the Department of Health and Human Services (Co-Chair); 7. the Department of Transportation; 8. the Department of Labor; VerDate Mar<15>2010 17:17 Jul 07, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\08JYE0.SGM 08JYE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 39441 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Presidential Documents 9. the Department of Energy; 10. the Department of Veterans Affairs; 11. the Department of Homeland Security; 12. the Environmental Protection Agency; 13. the Office of the Director of National Intelligence; 14. the Office of Science and Technology Policy; 15. the Joint Chiefs of Staff; and 16. any other department or agency designated by the Co-Chairs. (iii) To assist the Secretaries of Health and Human Services and Agriculture and the Attorney General in implementing the policies set forth in sections 1, 4, 5, and 6 of this order, the Panel shall, no later than 4 months from the date of this order, provide consensus recommendations concerning the SAP on: 1. the designation of Tier 1 agents and toxins; 2. reduction in the number of agents on the Select Agent List; 3. the establishment of appropriate practices to ensure reliability of personnel with access to Tier 1 agents and toxins at registered facilities; 4. the establishment of appropriate practices for physical security and cyber security for facilities that possess Tier 1 agents. The Department of Homeland Security shall Chair a Working Group of the Panel that develops recommended laboratory critical infrastructure security standards in these areas; and 5. other emerging policy issues relevant to the security of BSAT. Thereafter, the Panel shall continue to provide technical advice concerning the SAP on request. (iv) If the Panel is unable to reach consensus on recommendations for an issue within its charge, the matter shall be resolved through the inter- agency policy committee process led by the National Security Staff. (v) The Secretaries of Health and Human Services and Agriculture and the Attorney General shall report to the Assistant to the President for Homeland Security and Counterterrorism on the consideration and imple- mentation of Panel recommendations concerning the SAP, including a rationale for failure to implement any recommendations. (vi) The Panel shall be chartered for a period of 4 years subject to renewal through the interagency policy committee process led by the National Security Staff. (b) To further assist the Secretaries of Health and Human Services and Agriculture and the Attorney General in implementing the policy set forth in sections 1, 4, 5, and 6 of this order, the National Science Advisory Board for Biosecurity shall provide technical advice and serve as a conduit for public consultation, as needed, on topics of relevance to the SAP. Sec. 8. Sharing of Select Agent Program Information. (a) Consistent with applicable laws and regulations, the Secretaries of Health and Human Serv- ices and Agriculture and the Attorney General shall, no later than 6 months from the date of this order, develop a process and the criteria for making SAP information available to executive departments and agencies when such information is necessary for furthering a public health, safety, security, law enforcement, or national security mission. (b) SAP information shall continue to be safeguarded properly and handled securely to minimize the risk of disclosing sensitive, personal, and other information protected by the Privacy Act, 5 U.S.C. 552a. Sec. 9. General Provisions. (a) The National Security Staff shall, on a biennial basis, review the implementation and effectiveness of this order and refer to the interagency policy committee process any issues that require further deliberation or adjudication. VerDate Mar<15>2010 17:17 Jul 07, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\08JYE0.SGM 08JYE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 39442 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Presidential Documents (b) Nothing in this order shall be construed to impair or otherwise affect the authority granted by law to a department or agency, or the head thereof, or 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 2, 2010. [FR Doc. 2010–16864 Filed 7–7–10; 11:15 am] Billing code 3195–W0–P VerDate Mar<15>2010 17:17 Jul 07, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\08JYE0.SGM 08JYE0 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Optimizing the Security of Biological Select Agents and Toxins in the United States

2010-07-02T00:00:00

9f532ab04dc702cacfe269247b2be7ea0ef505c4e8927852f7d9f10c65f1a98f

Presidential Executive Order

2010-24839 (13553)

Presidential Documents 60567 Federal Register Vol. 75, No. 190 Friday, October 1, 2010 Title 3— The President Executive Order 13553 of September 28, 2010 Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses by the Government of Iran and Taking Certain Other Actions 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. 1701et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601et seq.), the Comprehensive Iran Sanctions, Ac- countability, and Divestment Act of 2010 (Public Law 111–195) (CISADA), 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) 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 or at the recommendation of the Secretary of State: (A) to be an official of the Government of Iran or a person acting on behalf of the Government of Iran (including members of paramilitary organizations) who is responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against persons in Iran or Iranian citizens or residents, or the family members of the foregoing, on or after June 12, 2009, regardless of whether such abuses occurred in Iran; (B) 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)(ii)(A) of this section or 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 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 subsection (a) 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) of this section. (c) The prohibitions in subsection (a) 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 person whose property and interests in property are blocked pursuant to this order; and VerDate Mar<15>2010 08:09 Sep 30, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 60568 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Presidential Documents (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 ‘‘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; and (e) the term ‘‘family member’’ means, with respect to an individual, a spouse, child, parent, sibling, grandchild, or grandparent of the individual. 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 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(a) 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 105(a)–(c) of CISADA (22 U.S.C. 8514(a)–(c)), other than as described in sections 6 and 7 of this order, as may be necessary to carry out the purposes of this order other than the purposes of sections 6 and 7. 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. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby further authorized to exercise the functions and waiver authorities conferred upon the President by section 401(b) of CISADA (22 U.S.C. 8551(b)) with respect to the requirement to impose or maintain sanctions pursuant to IEEPA under section 105(a) of CISADA (22 U.S.C. 8514(a)) and to redelegate these functions and waiver authorities 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 State is hereby authorized to exercise the functions and authorities conferred upon the President by section 105(a) of CISADA (22 U.S.C. 8514(a)) with respect to imposition of the visa sanctions described in section 105(c) of CISADA (22 U.S.C. 8514(c)) and to redelegate these functions and authorities consistent with applicable law. The Secretary of State is hereby further authorized to exercise the functions and authorities VerDate Mar<15>2010 08:09 Sep 30, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 60569 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Presidential Documents conferred upon the President by section 105(c) of CISADA (22 U.S.C. 8514(c)) with respect to the promulgation of rules and regulations related to the visa sanctions described therein and to redelegate these functions and au- thorities consistent with applicable law. The Secretary of State is hereby further authorized to exercise the functions and waiver authorities conferred upon the President by section 401(b) of CISADA (22 U.S.C. 8551(b)) with respect to the requirement to impose or maintain visa sanctions under section 105(a) of CISADA (22 U.S.C. 8514(a)) and to redelegate these functions and waiver authorities consistent with applicable law. In exercising the functions and authorities in the previous sentence, the Secretary of State shall consult the Secretary of Homeland Security on matters related to admissibility or inadmissibility within the authority of the Secretary of Homeland Security. Sec. 7. The Secretary of State, in consultation with the Secretary of the Treasury, is hereby authorized to submit the initial and updated lists of persons who are subject to visa sanctions and whose property and interests in property are blocked pursuant to this order to the appropriate congres- sional committees as required by section 105(b) of CISADA (22 U.S.C. 8514(b)) and to redelegate these functions 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 waiver authorities conferred upon the President by section 401(b) of CISADA (22 U.S.C. 8551(b)) with respect to the requirement to include a person on the list required by section 105(b) of CISADA (22 U.S.C. 8514(b)) and to redelegate these functions and waiver authorities consistent with applicable law. 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 section 104 of CISADA (22 U.S.C. 8513). 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. 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. Sec. 11. 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 response to those later actions. VerDate Mar<15>2010 08:09 Sep 30, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 60570 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Presidential Documents Sec. 12. This order is effective at 12:01 a.m. eastern daylight time on Sep- tember 29, 2010. THE WHITE HOUSE, September 28, 2010. Billing code 3195–W1–P VerDate Mar<15>2010 08:09 Sep 30, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 OB#1.EPS</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 60571 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Presidential Documents [FR Doc. 2010–24839 Filed 9–30–10; 8:45 am] Billing code 4811–33–C VerDate Mar<15>2010 08:09 Sep 30, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 ED01OC10.024</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1

Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses by the Government of Iran and Taking Certain Other Actions

2010-09-28T00:00:00

5c3c63ab5b39162955f57de8c1467b574b76479ca3877e4d6b95ea1008590e7c

Presidential Executive Order

2010-15851 (13545)

Presidential Documents 37283 Federal Register Vol. 75, No. 123 Monday, June 28, 2010 Title 3— The President Executive Order 13545 of June 22, 2010 President’s Council on Fitness, Sports, and Nutrition By the authority vested in me as President by the Constitution and the laws of the United States of America, and to recognize that good nutrition goes hand in hand with fitness and sports participation, Executive Order 13265 of June 6, 2002, is hereby amended as follows: Section 1. The title is revised to read as follows: ‘‘President’s Council on Fitness, Sports, and Nutrition.’’ Sec. 2. Sections 1 through 5 are revised to read as follows: ‘‘Section 1. Purpose. The Secretary of Health and Human Services (Secretary), in carrying out the Secretary’s responsibilities for public health and human services, shall develop and coordinate a national program to enhance physical activity, fitness, sports participation, and good nutrition. Through this pro- gram, the Secretary shall, in consultation with the Secretaries of Agriculture and Education, seek to: (a) expand national interest in and awareness of the benefits of regular physical activity, fitness, sports participation, and good nutrition; (b) stimulate and enhance coordination of programs within and among the private and public sectors that promote physical activity, fitness, sports participation, and good nutrition; (c) expand availability of quality information and guidance regarding phys- ical activity, fitness, sports participation, and good nutrition; and (d) target all Americans, with particular emphasis on children and adoles- cents, as well as populations or communities in which specific risks or disparities in participation in, access to, or knowledge about the benefits of physical activity, fitness, sports participation, and good nutrition have been identified. In implementing this order, the Secretary shall be guided by the science- based Federal Dietary Guidelines for Americans and the Physical Activity Guidelines for Americans. Additionally, the Secretary shall undertake nutri- tion-related activities under this order in coordination with the Secretary of Agriculture. Sec. 2. The President’s Council on Fitness, Sports, and Nutrition. (a) There is hereby established the President’s Council on Fitness, Sports, and Nutrition (Council). (b) The Council shall be composed of up to 25 members appointed by the President. Members shall serve for a term of 2 years, shall be eligible for reappointment, and may continue to serve after the expiration of their terms until the appointment of a successor. The President may designate one or more members as Chair or Vice Chair. Sec. 3. Functions of the Council. (a) The Council shall advise the President, through the Secretary, concerning progress made in carrying out the provi- sions of this order and shall recommend to the President, through the Secretary, actions to accelerate progress. (b) The Council shall advise the Secretary on ways to promote regular physical activity, fitness, sports participation, and good nutrition. Rec- ommendations may address, but are not necessarily limited to, public aware- ness campaigns; Federal, State, and local physical activity; fitness, sports participation, and nutrition initiatives; and partnership opportunities between public- and private-sector health-promotion entities. VerDate Mar<15>2010 20:30 Jun 25, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28JNE0.SGM 28JNE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 37284 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Presidential Documents (c) The Council shall function as a liaison to relevant State, local, and private entities in order to advise the Secretary regarding opportunities to extend and improve physical activity, fitness, sports, and nutrition pro- grams and services at the local, State, and national levels. (d) The Council shall monitor the need to enhance programs and edu- cational and promotional materials sponsored, overseen, or disseminated by the Council, and shall advise the Secretary as necessary concerning such need. In performing its functions, the Council shall take into account the Federal Dietary Guidelines for Americans and the Physical Activity Guidelines for Americans. Sec. 4. Administration. (a) Each executive department and agency shall, to the extent permitted by law and subject to the availability of funds, furnish such information and assistance to the Secretary and the Council as they may request. (b) The members of the Council shall serve without compensation for their work on the Council. Members of the Council may, however, receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707). (c) To the extent permitted by law, the Secretary shall furnish the Council with necessary staff, supplies, facilities, and other administrative services. The expenses of the Council shall be paid from funds available to the Secretary. (d) The Secretary shall appoint an Executive Director of the Council who shall serve as a liaison to the Secretary and the White House on matters and activities pertaining to the Council. (e) The Council, with the approval of the Secretary, may establish sub- committees as appropriate to aid in its work. (f) The seal prescribed by Executive Order 10830 of July 24, 1959, as amended, shall be modified to reflect the name of the Council as established by this order. Sec. 5. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the administration of any portion of this order, any functions of the President under the Act, except that of reporting to the Congress, shall be performed by the Secretary in accordance with the guidelines and procedures issued by the Administrator of General Services. (b) The Council shall terminate 2 years from the date of this order, unless extended by the President. VerDate Mar<15>2010 20:30 Jun 25, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28JNE0.SGM 28JNE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 37285 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / 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 22, 2010. [FR Doc. 2010–15851 Filed 6–25–10; 11:15 am] Billing code 3195–W0–P VerDate Mar<15>2010 20:30 Jun 25, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\28JNE0.SGM 28JNE0 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

President's Council on Fitness, Sports, and Nutrition

2010-06-22T00:00:00

1c6d767eb31eb4b8ffb41214e33ca3405d0c0c8be98e79ffbcd00991ac93fe92

Presidential Executive Order

2010-12070 (13542)

Presidential Documents 27921 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Presidential Documents Executive Order 13542 of May 13, 2010 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, 5 U.S.C. 3345, et seq., it is hereby ordered that: Section 1. Order of Succession. (a) Subject to the provisions of section 2 of this order, 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 Agriculture (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, until such time as the Secretary or Deputy Secretary is able to perform the functions and duties of that office: (1) Assistant Secretary of Agriculture for Administration; (2) Under Secretary of Agriculture for Marketing and Regulatory Programs; (3) Under Secretary of Agriculture for Food, Nutrition, and Consumer Services; (4) Under Secretary of Agriculture for Food Safety; (5) Under Secretary of Agriculture for Natural Resources and Environment; (6) Under Secretary of Agriculture for Farm and Foreign Agricultural Serv- ices; (7) Under Secretary of Agriculture for Rural Development; (8) Under Secretary of Agriculture for Research, Education, and Economics; (9) General Counsel of the Department of Agriculture; (10) Chief of Staff, Office of the Secretary; (11) Director, Kansas City Commodity Office, Farm Service Agency; (12) 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; (13) 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; (14) Chief Financial Officer of the Department of Agriculture; (15) Assistant Secretary of Agriculture for Civil Rights; and (16) Assistant Secretary of Agriculture for Congressional Relations. (b) If any two or more individuals designated in paragraphs (12) and (13) 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 in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order. VerDate Mar<15>2010 17:30 May 17, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\18MYE0.SGM 18MYE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 27922 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Presidential Documents (b) No individual who is serving in an office listed in section 1 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. Executive Order 13241 of December 18, 2001, as amended, is hereby revoked. 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, May 13, 2010. [FR Doc. 2010–12070 Filed 5–17–10; 11:15 am] Billing code 3195–W0–P VerDate Mar<15>2010 17:30 May 17, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\18MYE0.SGM 18MYE0 OB#1.EPS</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0

Providing an Order of Succession Within the Department of Agriculture

2010-05-13T00:00:00

55d79df7ca03640f669f85c3484e28fef97e2a1f41fcb34a8664d4cf328f112a

Presidential Executive Order

2010-14613 (13544)

Presidential Documents 33983 Federal Register Vol. 75, No. 115 Wednesday, June 16, 2010 Title 3— The President Executive Order 13544 of June 10, 2010 Establishing the National Prevention, Health Promotion, and Public Health Council 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), it is hereby ordered as follows: Section 1. Establishment. There is established within the Department of Health and Human Services, the National Prevention, Health Promotion, and Public Health Council (Council). Sec. 2. Membership. (a) The Surgeon General shall serve as the Chair of the Council, which shall be composed of: (1) the Secretary of Agriculture; (2) the Secretary of Labor; (3) the Secretary of Health and Human Services; (4) the Secretary of Transportation; (5) the Secretary of Education; (6) the Secretary of Homeland Security; (7) the Administrator of the Environmental Protection Agency; (8) the Chair of the Federal Trade Commission; (9) the Director of National Drug Control Policy; (10) the Assistant to the President and Director of the Domestic Policy Council; (11) the Assistant Secretary of the Interior for Indian Affairs; (12) the Chairman of the Corporation for National and Community Service; and (13) the head of any other executive department or agency that the Chair may, from time to time, determine is appropriate. (b) The Council shall meet at the call of the Chair. Sec. 3. Purposes and Duties. The Council shall: (a) provide coordination and leadership at the Federal level, and among all executive departments and agencies, with respect to prevention, wellness, and health promotion practices, the public health system, and integrative health care in the United States; (b) develop, after obtaining input from relevant stakeholders, a national prevention, health promotion, public health, and integrative health-care strat- egy that incorporates the most effective and achievable means of improving the health status of Americans and reducing the incidence of preventable illness and disability in the United States, as further described in section 5 of this order; (c) provide recommendations to the President and the Congress concerning the most pressing health issues confronting the United States and changes in Federal policy to achieve national wellness, health promotion, and public health goals, including the reduction of tobacco use, sedentary behavior, and poor nutrition; VerDate Mar<15>2010 16:18 Jun 15, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\16JNE0.SGM 16JNE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 33984 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Presidential Documents (d) consider and propose evidence-based models, policies, and innovative approaches for the promotion of transformative models of prevention, integra- tive health, and public health on individual and community levels across the United States; (e) establish processes for continual public input, including input from State, regional, and local leadership communities and other relevant stake- holders, including Indian tribes and tribal organizations; (f) submit the reports required by section 6 of this order; and (g) carry out such other activities as are determined appropriate by the President. Sec. 4. Advisory Group. (a) There is established within the Department of Health and Human Services an Advisory Group on Prevention, Health Promotion, and Integrative and Public Health (Advisory Group), which shall report to the Chair of the Council. (b) The Advisory Group shall be composed of not more than 25 members or representatives from outside the Federal Government appointed by the President and shall include a diverse group of licensed health professionals, including integrative health practitioners who are representative of or have expertise in: (1) worksite health promotion; (2) community services, including community health centers; (3) preventive medicine; (4) health coaching; (5) public health education; (6) geriatrics; and (7) rehabilitation medicine. (c) The Advisory Group shall develop policy and program recommenda- tions and advise the Council on lifestyle-based chronic disease prevention and management, integrative health care practices, and health promotion. Sec. 5. National Prevention and Health Promotion Strategy. Not later than March 23, 2011, the Chair, in consultation with the Council, shall develop and make public a national prevention, health promotion, and public health strategy (national strategy), and shall review and revise it periodically. The national strategy shall: (a) set specific goals and objectives for improving the health of the United States through federally supported prevention, health promotion, and public health programs, consistent with ongoing goal setting efforts conducted by specific agencies; (b) establish specific and measurable actions and timelines to carry out the strategy, and determine accountability for meeting those timelines, within and across Federal departments and agencies; and (c) make recommendations to improve Federal efforts relating to preven- tion, health promotion, public health, and integrative health-care practices to ensure that Federal efforts are consistent with available standards and evidence. Sec. 6. Reports. Not later than July 1, 2010, and annually thereafter until January 1, 2015, the Council shall submit to the President and the relevant committees of the Congress, a report that: (a) describes the activities and efforts on prevention, health promotion, and public health and activities to develop the national strategy conducted by the Council during the period for which the report is prepared; (b) describes the national progress in meeting specific prevention, health promotion, and public health goals defined in the national strategy and further describes corrective actions recommended by the Council and actions taken by relevant agencies and organizations to meet these goals; VerDate Mar<15>2010 16:18 Jun 15, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\16JNE0.SGM 16JNE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 33985 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Presidential Documents (c) contains a list of national priorities on health promotion and disease prevention to address lifestyle behavior modification (including smoking cessation, proper nutrition, appropriate exercise, mental health, behavioral health, substance-use disorder, and domestic violence screenings) and the prevention measures for the five leading disease killers in the United States; (d) contains specific science-based initiatives to achieve the measurable goals of the Healthy People 2020 program of the Department of Health and Human Services regarding nutrition, exercise, and smoking cessation, and targeting the five leading disease killers in the United States; (e) contains specific plans for consolidating Federal health programs and centers that exist to promote healthy behavior and reduce disease risk (includ- ing eliminating programs and offices determined to be ineffective in meeting the priority goals of the Healthy People 2020 program of the Department of Health and Human Services); (f) contains specific plans to ensure that all Federal health-care programs are fully coordinated with science-based prevention recommendations by the Director of the Centers for Disease Control and Prevention; and (g) contains specific plans to ensure that all prevention programs outside the Department of Health and Human Services are based on the science- based guidelines developed by the Centers for Disease Control and Prevention under subsection (d) of this section. Sec. 7. Administration. (a) The Department of Health and Human Services shall provide funding and administrative support for the Council and the Advisory Group to the extent permitted by law and within existing appropriations. (b) All executive departments and agencies shall provide information and assistance to the Council as the Chair may request for purposes of carrying out the Council’s functions, to the extent permitted by law. (c) Members of the Advisory Group shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsist- ence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707), consistent with the availability of funds. Sec. 8. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C App.) may apply to the Advisory Group, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary of Health and Human Services 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: (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. VerDate Mar<15>2010 16:18 Jun 15, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\16JNE0.SGM 16JNE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 33986 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / 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 10, 2010. [FR Doc. 2010–14613 Filed 6–15–10; 8:45 am] Billing code 3195–W0–P VerDate Mar<15>2010 16:18 Jun 15, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\16JNE0.SGM 16JNE0 OB#1.EPS</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0

Establishing the National Prevention, Health Promotion, and Public Health Council

2010-06-10T00:00:00

05229d86f8faabfc8a4be5fd36dac08367002c34846524f6259951d803328045

Presidential Executive Order

2010-12805 (13543)

Presidential Documents 29397 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Presidential Documents Executive Order 13543 of May 21, 2010 National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. There is established the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling (the ‘‘Commis- sion’’). Sec. 2. Membership. (a) The Commission shall be composed of not more than 7 members who shall be appointed by the President. The members shall be drawn from among distinguished individuals, and may include those with experience in or representing the scientific, engineering, and environmental communities, the oil and gas industry, or any other area determined by the President to be of value to the Commission in carrying out its duties. (b) The President shall designate from among the Commission members two members to serve as Co-Chairs. Sec. 3. Mission. The Commission shall: (a) examine the relevant facts and circumstances concerning the root causes of the Deepwater Horizon oil disaster; (b) develop options for guarding against, and mitigating the impact of, oil spills associated with offshore drilling, taking into consideration the environmental, public health, and economic effects of such options, including options involving: (1) improvements to Federal laws, regulations, and industry practices appli- cable to offshore drilling that would ensure effective oversight, monitoring, and response capabilities; protect public health and safety, occupational health and safety, and the environment and natural resources; and address affected communities; and (2) organizational or other reforms of Federal agencies or processes nec- essary to ensure such improvements are implemented and maintained. (c) submit a final public report to the President with its findings and options for consideration within 6 months of the date of the Commission’s first meeting. Sec. 4. Administration. (a) The Commission shall hold public hearings and shall request information including relevant documents from Federal, State, and local officials, nongovernmental organizations, private entities, scientific institutions, industry and workforce representatives, communities, and others affected by the Deepwater Horizon oil disaster, as necessary to carry out its mission. (b) The heads of executive departments and agencies, to the extent per- mitted by law and consistent with their ongoing activities in response to the oil spill, shall provide the Commission such information and cooperation as it may require for purposes of carrying out its mission. (c) In carrying out its mission, the Commission shall be informed by, and shall strive to avoid duplicating, the analyses and investigations under- taken by other governmental, nongovernmental, and independent entities. (d) The Commission shall ensure that it does not interfere with or disrupt any ongoing or anticipated civil or criminal investigation or law enforcement VerDate Mar<15>2010 08:30 May 25, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26MYE0.SGM 26MYE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS 29398 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Presidential Documents activities or any effort to recover response costs or damages arising out of the Deepwater Horizon explosion, fire, and oil spill. The Commission shall consult with the Department of Justice concerning the Commission’s activities to avoid any risk of such interference or disruption. (e) The Commission shall have a staff, headed by an Executive Director. (f) The Commission shall terminate 60 days after submitting its final report. Sec. 5. General Provisions. (a) To the extent permitted by law, and subject to the availability of appropriations, the Secretary of Energy shall provide the Commission with such administrative services, funds, facilities, staff, and other support services as may be necessary to carry out its mission. (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 Presi- dent under that Act, except for those in section 6 of the Act, shall be performed by the Secretary of Energy in accordance with guidelines issued 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: (1) authority granted by law to a 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. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, May 21, 2010. [FR Doc. 2010–12805 Filed 5–25–10; 8:45 am] Billing code 3195–W0–P VerDate Mar<15>2010 08:30 May 25, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26MYE0.SGM 26MYE0 OB#1.EPS</GPH> wwoods2 on DSK1DXX6B1PROD with PRESDOCS

National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

2010-05-21T00:00:00

cbc4cdb80eb9758fa5fc80654f993e0d9c2a0ee65a07f12a809f669fbeda1ab3

Presidential Executive Order

2010-11557 (13541)

Presidential Documents 26879 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Presidential Documents Executive Order 13541 of May 7, 2010 Temporary Organization To Facilitate a Strategic Partnership With the Republic of Iraq 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 Iraq Strategic Partnership Office (ISPO). Sec. 2. Purpose of the Temporary Organization. The purpose of the ISPO shall be to perform the specific project of supporting executive departments and agencies in facilitating the strategic partnership between the U.S. Govern- ment and the Republic of Iraq, in further securing and stabilizing the country, and in continuing an effective diplomatic presence in Iraq. Sec. 3. Functions of the Temporary Organization. In carrying out its purpose set forth in section 2, the ISPO shall: (a) support executive departments and agencies in transitioning to a stra- tegic partnership with the Republic of Iraq in economic, diplomatic, cultural, and security fields based on the Strategic Framework Agreement; (b) assist with and coordinate the drawdown of Provincial Reconstruction Teams; (c) support and create a sustainable Rule of Law mission in Iraq, including the Police Development Program; (d) complete any remaining coordination, oversight, or reporting functions for Iraq Relief and Reconstruction Fund monies; (e) assume any functions assigned to the Iraq Transition Assistance Office (ITAO) remaining as of the date of this order; and (f) perform such other functions related to the specific project set forth in section 2 as the Secretary of State (Secretary) may assign. Sec. 4. Personnel and Administration. (a) The ISPO shall be headed by a Director selected by the Secretary. (b) The Secretary shall transfer from the ITAO to the ISPO the personnel, assets, liabilities, and records of the ITAO. Sec. 5. General Provisions. (a) This order shall be implemented in accordance with applicable law, subject to the availability of appropriations, and con- sistent with Presidential guidance. (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 is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 12:58 May 11, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\12MYE0.SGM 12MYE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 26880 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Presidential Documents (d) The ISPO 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. THE WHITE HOUSE, May 7, 2010. [FR Doc. 2010–11557 Filed 5–11–10; 11:15 am] Billing code 3195–W0–P VerDate Mar<15>2010 12:58 May 11, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\12MYE0.SGM 12MYE0 OB#1.EPS</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3

Temporary Organization To Facilitate a Strategic Partnership With the Republic of Iraq

2010-05-07T00:00:00

5e26ea6492da75b0760cad7505eefdf6eca958e89b0500334b0eed306c84ce1a

Presidential Executive Order

2010-22002 (13551)

Presidential Documents 53837 Federal Register Vol. 75, No. 169 Wednesday, September 1, 2010 Title 3— The President Executive Order 13551 of August 30, 2010 Blocking Property of Certain Persons 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; in view of United Nations Security Council Resolution (UNSCR) 1718 of October 14, 2006, and UNSCR 1874 of June 12, 2009; and to take additional steps with respect to the situation in North Korea, I, BARACK OBAMA, President of the United States of America, hereby expand the scope of the national emergency declared in Executive Order 13466 of June 26, 2008, finding that the continued actions and policies of the Government of North Korea, manifested most recently by its unprovoked attack that resulted in the sinking of the Republic of Korea Navy ship Cheonan and the deaths of 46 sailors in March 2010; its announced test of a nuclear device and its missile launches in 2009; its actions in violation of UNSCRs 1718 and 1874, including the procurement of luxury goods; and its illicit and deceptive activities in international markets through which it obtains financial and other support, including money laundering, the counterfeiting of goods and currency, bulk cash smuggling, and narcotics trafficking, destabilize the Korean peninsula and imperil U.S. Armed Forces, allies, and trading partners in the region, and thereby constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. 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 Secretary of State: (A) to have, directly or indirectly, imported, exported, or reexported to, into, or from North Korea any arms or related materiel; (B) to have, directly or indirectly, provided training, advice, or other services or assistance, or engaged in financial transactions, related to the manufacture, maintenance, or use of any arms or related materiel to be imported, exported, or reexported to, into, or from North Korea, or fol- lowing their importation, exportation, or reexportation to, into, or from North Korea; (C) to have, directly or indirectly, imported, exported, or reexported luxury goods to or into North Korea; (D) to have, directly or indirectly, engaged in money laundering, the counterfeiting of goods or currency, bulk cash smuggling, narcotics traf- ficking, or other illicit economic activity that involves or supports the Government of North Korea or any senior official thereof; VerDate Mar<15>2010 19:43 Aug 31, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01SEE0.SGM 01SEE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 53838 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Presidential Documents (E) 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)–(D) of this section or any person whose property and interests in property are blocked pursuant to this order; (F) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order; or (G) to have attempted to engage in any of the activities described in subsections (a)(ii)(A)–(F) of this section. (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 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 13466 and expanded in scope 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: (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. The provisions of Executive Order 13466 remain in effect, and this order does not affect any action taken pursuant to that order. 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; (e) the term ‘‘Government of North Korea’’ means the Government of the Democratic People’s Republic of Korea, its agencies, instrumentalities, and controlled entities; and (f) the term ‘‘luxury goods’’ includes those items listed in 15 C.F.R. 746.4(b)(l) and Supplement No. 1 to part 746 and similar items. Sec. 5. 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 VerDate Mar<15>2010 19:43 Aug 31, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\01SEE0.SGM 01SEE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 53839 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Presidential Documents 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 Executive Order 13466 and expanded in scope in this order, there need be no prior notice of a listing or determina- tion made pursuant to section 1(a) of this order. Sec. 6. 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. 7. 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. 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, agents, or any other person. Sec. 9. This order is effective at 12:01 p.m., eastern daylight time on August 30, 2010. THE WHITE HOUSE, August 30, 2010. Billing code 3195–W9–P VerDate Mar<15>2010 19:43 Aug 31, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\01SEE0.SGM 01SEE0 OB#1.EPS</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0 53840 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Presidential Documents [FR Doc. 2010–22002 Filed 8–31–10; 8:45 am] Billing code 4811–33–C VerDate Mar<15>2010 19:43 Aug 31, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\01SEE0.SGM 01SEE0 ED015SE10.002</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0

Blocking Property of Certain Persons With Respect to North Korea

2010-08-30T00:00:00

84e746148556dca678edf2fcb1eb937206497b5673735efe167babf72695bada

Presidential Executive Order

2010-9796 (13539)

Presidential Documents 21973 Federal Register Vol. 75, No. 80 Tuesday, April 27, 2010 Title 3— The President Executive Order 13539 of April 21, 2010 President’s Council of Advisors on Science and Technology By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an advisory council on science, technology, and innovation, it is hereby ordered as follows: Section 1. Establishment. The President’s Council of Advisors on Science and Technology (PCAST) is hereby established. The PCAST shall be com- posed of not more than 21 members, one of whom shall be the Assistant to the President for Science and Technology (the ‘‘Science Advisor’’), and 20 of whom shall include distinguished individuals and representatives from sectors outside of the Federal Government appointed by the President. These nonfederal members shall have diverse perspectives and expertise in science, technology, and innovation. The Science Advisor shall serve as a Co-Chair of the PCAST. The President shall also designate at least one, but not more than two, of the nonfederal members to serve as a Co-Chair of the PCAST with the Science Advisor. Sec. 2. Functions. (a) The PCAST shall advise the President, directly at its meetings with the President and also through the Science Advisor, on matters involving science, technology, and innovation policy. This advice shall include, but not be limited to, policy that affects science, technology, and innovation, as well as scientific and technical information that is needed to inform public policy relating to the economy, energy, environment, public health, national and homeland security, and other topics. The PCAST shall meet regularly and shall: (i) respond to requests from the President or the Science Advisor for information, analysis, evaluation, or advice; (ii) solicit information and ideas from the broad range of stakeholders, including but not limited to the research community, the private sector, universities, national laboratories, State and local governments, founda- tions, and nonprofit organizations; (iii) serve as the advisory committee identified in subsections 101(b) and 103(b) of the High Performance Computing Act of 1991 (Public Law 102– 194), as amended (15 U.S.C. 5511(b) and 5513(b)). In performing the functions of such advisory committee, the PCAST shall be known as the President’s Innovation and Technology Advisory Committee; and (iv) serve as the advisory panel identified in section 4 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7503) (21st Century Act). In performing the functions of such advisory committee, the PCAST shall be known as the National Nanotechnology Advisory Panel. Nothing in this order shall be construed to require the National Nanotechnology Advisory Panel to comply with any requirement from which it is exempted by section 4(f) of the 21st Century Act. (b) The PCAST shall provide advice from the nonfederal sector to the National Science and Technology Council (NSTC) in response to requests from the NSTC. Sec. 3. Administration. (a) The heads of executive departments and agencies shall, to the extent permitted by law, provide the PCAST with information concerning scientific and technological matters when requested by the PCAST Co-Chairs and as required for the purpose of carrying out the PCAST’s functions. VerDate Nov<24>2008 08:07 Apr 26, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\27APE0.SGM 27APE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS 21974 Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Presidential Documents (b) In consultation with the Science Advisor, the PCAST is authorized to create standing subcommittees and ad hoc groups, including, but not limited to, technical advisory groups to assist the PCAST and provide prelimi- nary information directly to the PCAST. (c) So that the PCAST may provide advice and analysis regarding classified matters, the Science Advisor may request that members of the PCAST, its standing subcommittees, or ad hoc groups who do not hold a current clearance for access to classified information, receive security clearance and access determinations pursuant to Executive Order 12968 of August 2, 1995, as amended, or any successor order. (d) The Office of Science and Technology Policy (OSTP) shall provide such funding and administrative and technical support as the PCAST may require. (e) Members of the PCAST shall serve without any compensation for their work on the PCAST, but may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermit- tently in the government service (5 U.S.C. 5701–5707). Sec. 4. Termination. The PCAST shall terminate 2 years from the date of this order unless extended by the President. Sec. 5. General Provisions. (a) 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 Director of the OSTP in accordance with the guidelines and procedures established 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. VerDate Nov<24>2008 08:07 Apr 26, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\27APE0.SGM 27APE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS 21975 Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Presidential Documents Sec. 6. Revocation. Executive Order 13226 of September 30, 2001, as amend- ed, is hereby revoked. THE WHITE HOUSE, April 21, 2010. [FR Doc. 2010–9796 Filed 4–26–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 08:07 Apr 26, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\27APE0.SGM 27APE0 OB#1.EPS</GPH> wwoods2 on DSK1DXX6B1PROD with PRESDOCS

President's Council of Advisors on Science and Technology

2010-04-21T00:00:00

12aae6dab6f843e64a30b3b9a57114b69f93f94076f6169b11587781703439bd

Presidential Executive Order

2013-12157 (13643)

Presidential Documents 29559 Federal Register Vol. 78, No. 98 Tuesday, May 21, 2013 Title 3— The President Executive Order 13643 of May 15, 2013 2013 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 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, May 15, 2013. Billing code 3295–F3–P VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 OB#1.EPS</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29560 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.145</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29561 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.146</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29562 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.147</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29563 Federal Register / Vol. 78, No. 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Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.152</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29568 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.153</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29569 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.154</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29570 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.155</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29571 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.156</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29572 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.157</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29573 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.158</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29574 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.159</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29575 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.160</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29576 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00018 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.161</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29577 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.162</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29578 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.163</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29579 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.164</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29580 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00022 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.165</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29581 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00023 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.166</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29582 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00024 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.167</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29583 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00025 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.168</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29584 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.169</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29585 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00027 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.170</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29586 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00028 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.171</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29587 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00029 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.172</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29588 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00030 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.173</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29589 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00031 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.174</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29590 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00032 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.175</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29591 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00033 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.176</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29592 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00034 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.177</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29593 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00035 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.178</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29594 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00036 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.179</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29595 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00037 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.180</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29596 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00038 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.181</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29597 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00039 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.182</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29598 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00040 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.183</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29599 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00041 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.184</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29600 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00042 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.185</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29601 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00043 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.186</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29602 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.187</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29603 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00045 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.188</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29604 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00046 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.189</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29605 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00047 Fmt 4705 Sfmt 4790 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00000 Frm 00051 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.194</GPH> TKELLEY on DSK3SPTVN1PROD with E0 29610 Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Presidential Documents [FR Doc. 2013–12157 Filed 5–20–13; 8:45 am] Billing code 5001–06–C VerDate Mar<15>2010 16:56 May 20, 2013 Jkt 229001 PO 00000 Frm 00052 Fmt 4705 Sfmt 4790 E:\FR\FM\21MYE0.SGM 21MYE0 ED21MY13.195</GPH> TKELLEY on DSK3SPTVN1PROD with E0

2013 Amendments to the Manual for Courts-Martial, United States

2013-05-15T00:00:00

054a0c220a229b0aa0812bbb9307a95575c40dd116aadf39a349e5c0dbb48111

Presidential Executive Order

2010-10172 (13540)

Presidential Documents 22497 Federal Register Vol. 75, No. 82 Thursday, April 29, 2010 Title 3— The President Executive Order 13540 of April 26, 2010 Interagency Task Force on Veterans Small Business Develop- ment By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 102 of title I of the Military Reservist and Veteran Small Business Reauthorization and Op- portunity Act of 2008 (Public Law 110–186) (the ‘‘Act’’), and in order to establish an interagency task force to coordinate the efforts of Federal agencies to improve capital, business development opportunities, and pre-established Federal contracting goals for small business concerns owned and controlled by veterans and service-disabled veterans, it is hereby ordered as follows: Section 1. Establishment. The Administrator of the Small Business Adminis- tration (Administrator) shall establish within the Small Business Administra- tion an Interagency Task Force on Veterans Small Business Development (Task Force). Sec. 2. Membership. The Administrator shall serve as Chair of the Task Force and shall direct its work. Other members shall consist of: (a) a senior level representative, designated by the head of the respective department or agency, from each of the following: (i) the Department of the Treasury; (ii) the Department of Defense; (iii) the Department of Labor; (iv) the Department of Veterans Affairs; (v) the Office of Management and Budget; (vi) the Small Business Administration (in addition to the Administrator); and (vii) the General Services Administration; and (b) four representatives from a veterans’ service or military organization or association, who shall be appointed by the Administrator. Sec. 3. Functions. Consistent with the Act and other applicable law, the Task Force shall: (a) consult regularly with veterans service and military organizations in performing the duties of the Task Force; (b) coordinate administrative and regulatory activities and develop pro- posals relating to: (i) improving capital access and capacity of small business concerns owned and controlled by veterans and service-disabled veterans through loans, surety bonding, and franchising; (ii) ensuring achievement of the pre-established Federal contracting goals for small business concerns owned and controlled by veterans and service- disabled veterans through expanded mentor-prote ´ge ´ assistance and match- ing such small business concerns with contracting opportunities; (iii) increasing the integrity of certifications of status as a small business concern owned and controlled by a veteran or service-disabled veteran; (iv) reducing paperwork and administrative burdens on veterans in access- ing business development and entrepreneurship opportunities; VerDate Mar<15>2010 16:48 Apr 28, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\29APE0.SGM 29APE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 22498 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Presidential Documents (v) increasing and improving training and counseling services provided to small business concerns owned and controlled by veterans; and (vi) making other improvements relating to the support for veterans busi- ness development by the Federal Government; and (c) not later than 1 year after its first meeting and annually thereafter, forward to the President a report on the performance of its functions, includ- ing any proposals developed pursuant to subsection (b) of this section. Sec. 4. General Provisions. (a) The Small Business Administration shall provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations. (b) Nothing in this order shall be construed to impair or otherwise effect: (i) authority granted by law to an executive department, agency, or the head thereof; and (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA), may apply to the Task Force, any functions of the President under the FACA, except for those in section 6 of the FACA, shall be performed by the Administrator in accordance with guidelines issued by the Administrator of General Services. (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, April 26, 2010. [FR Doc. 2010–10172 Filed 4–28–10; 8:45 am] Billing code 3195–W0–P VerDate Mar<15>2010 16:48 Apr 28, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\29APE0.SGM 29APE0 OB#1.EPS</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0

Interagency Task Force on Veterans Small Business Development

2010-04-26T00:00:00

d68c5df8ec509f6820fb09e931bf453b331ba63e77272c613f68276ed70879ea

Presidential Executive Order

2010-7154 (13535)

Presidential Documents 15599 Federal Register Vol. 75, No. 59 Monday, March 29, 2010 Title3— The President Executive Order 13535 of March 24, 2010 Ensuring Enforcement and Implementation of Abortion Re- strictions in the Patient Protection and Affordable Care Act By the authority vested in me as President by the Constitution and the laws of the United States of America, including the ‘‘Patient Protection and Affordable Care Act’’ (Public Law 111–148), I hereby order as follows: Section. 1. Policy. Following the recent enactment of the Patient Protection and Affordable Care Act (the ‘‘Act’’), it is necessary to establish an adequate enforcement mechanism to ensure that Federal funds are not used for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered), consistent with a longstanding Federal statutory re- striction that is commonly known as the Hyde Amendment. The purpose of this order is to establish a comprehensive, Government-wide set of policies and procedures to achieve this goal and to make certain that all relevant actors—Federal officials, State officials (including insurance regulators) and health care providers—are aware of their responsibilities, new and old. The Act maintains current Hyde Amendment restrictions governing abortion policy and extends those restrictions to the newly created health insurance exchanges. Under the Act, longstanding Federal laws to protect conscience (such as the Church Amendment, 42 U.S.C. 300a–7, and the Weldon Amend- ment, section 508(d)(1) of Public Law 111–8) remain intact and new protec- tions prohibit discrimination against health care facilities and health care providers because of an unwillingness to provide, pay for, provide coverage of, or refer for abortions. Numerous executive agencies have a role in ensuring that these restrictions are enforced, including the Department of Health and Human Services (HHS), the Office of Management and Budget (OMB), and the Office of Personnel Management. Sec. 2. Strict Compliance with Prohibitions on Abortion Funding in Health Insurance Exchanges. The Act specifically prohibits the use of tax credits and cost-sharing reduction payments to pay for abortion services (except in cases of rape or incest, or when the life of the woman would be endan- gered) in the health insurance exchanges that will be operational in 2014. The Act also imposes strict payment and accounting requirements to ensure that Federal funds are not used for abortion services in exchange plans (except in cases of rape or incest, or when the life of the woman would be endangered) and requires State health insurance commissioners to ensure that exchange plan funds are segregated by insurance companies in accord- ance with generally accepted accounting principles, OMB funds management circulars, and accounting guidance provided by the Government Account- ability Office. I hereby direct the Director of the OMB and the Secretary of HHS to develop, within 180 days of the date of this order, a model set of segregation guidelines for State health insurance commissioners to use when determining whether exchange plans are complying with the Act’s segregation requirements, estab- lished in section 1303 of the Act, for enrollees receiving Federal financial assistance. The guidelines shall also offer technical information that States should follow to conduct independent regular audits of insurance companies that participate in the health insurance exchanges. In developing these model guidelines, the Director of the OMB and the Secretary of HHS shall consult with executive agencies and offices that have relevant expertise in accounting VerDate Nov<24>2008 17:22 Mar 26, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\29MRE0.SGM 29MRE0 sroberts on DSKD5P82C1PROD with NOTICES 15600 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Presidential Documents principles, including, but not limited to, the Department of the Treasury, and with the Government Accountability Office. Upon completion of those model guidelines, the Secretary of HHS should promptly initiate a rulemaking to issue regulations, which will have the force of law, to interpret the Act’s segregation requirements, and shall provide guidance to State health insurance commissioners on how to comply with the model guidelines. Sec. 3. Community Health Center Program. The Act establishes a new Com- munity Health Center (CHC) Fund within HHS, which provides additional Federal funds for the community health center program. Existing law pro- hibits these centers from using Federal funds to provide abortion services (except in cases of rape or incest, or when the life of the woman would be endangered), as a result of both the Hyde Amendment and longstanding regulations containing the Hyde language. Under the Act, the Hyde language shall apply to the authorization and appropriations of funds for Community Health Centers under section 10503 and all other relevant provisions. I hereby direct the Secretary of HHS to ensure that program administrators and recipients of Federal funds are aware of and comply with the limitations on abortion services imposed on CHCs by existing law. Such actions should include, but are not limited to, updating Grant Policy Statements that accom- pany CHC grants and issuing new interpretive rules. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law or Presidential directive to an agency, or the head thereof; or (ii) functions of the Director of the 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, Washington, March 24, 2010. [FR Doc. 2010–7154 Filed 3–26–10; 1:00 pm] VerDate Nov<24>2008 20:45 Mar 26, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\29MRE0.SGM 29MRE0 OB#1.EPS</GPH> sroberts on DSKD5P82C1PROD with NOTICES

Ensuring Enforcement and Implementation of Abortion Restrictions in the Patient Protection and Affordable Care Act

2010-03-24T00:00:00

e17c67b744258d9a7c5503e0e36c8c6fa41ed0caed48ba77596ed08ec99e3dbb

Presidential Executive Order

2010-22279 (13552)

Presidential Documents 54263 Federal Register Vol. 75, No. 171 Friday, September 3, 2010 Title 3— The President Executive Order 13552 of August 31, 2010 2010 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. Parts II 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, August 31, 2010. Billing code 3195–W9–P VerDate Mar<15>2010 16:16 Sep 02, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 OB#1.EPS</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS 54264 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Presidential Documents VerDate Mar<15>2010 16:16 Sep 02, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE10.001</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS 54265 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Presidential Documents VerDate Mar<15>2010 16:16 Sep 02, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE10.002</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS 54266 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Presidential Documents VerDate Mar<15>2010 16:16 Sep 02, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE10.003</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS 54267 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Presidential Documents VerDate Mar<15>2010 16:16 Sep 02, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE10.004</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS 54268 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Presidential Documents VerDate Mar<15>2010 16:16 Sep 02, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE10.005</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS 54269 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Presidential Documents VerDate Mar<15>2010 16:16 Sep 02, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE10.006</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS 54270 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Presidential Documents [FR Doc. 2010–22279 Filed 9–2–10; 11:15 am] Billing code 5000–04–C VerDate Mar<15>2010 16:16 Sep 02, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE10.007</GPH> ED03SE10.008</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS

2010 Amendments to the Manual for Courts-Martial, United States

2010-08-31T00:00:00

bced00db610cb74c67ea529d1a2f14a97a2f09f98f0b8e6846768e05be715467

Presidential Executive Order

2010-8878 (13536)

Presidential Documents 19869 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Presidential Documents Executive Order 13536 of April 12, 2010 Blocking Property of Certain Persons Contributing to the Conflict in 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, as amended (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, find that the deterioration of the security situation and the persistence of violence in Somalia, and acts of piracy and armed robbery at sea off the coast of Somalia, which have repeatedly been the subject of United Nations Secu- rity Council resolutions (including Resolution 1844 of November 20, 2008; Resolution 1846 of December 2, 2008; Resolution 1851 of December 16, 2008; and Resolution 1897 of November 30, 2009), and violations of the arms embargo imposed by the United Nations Security Council in Resolution 733 of January 23, 1992, and elaborated upon and amended by subsequent resolutions (including Resolution 1356 of June 19, 2001; Resolution 1725 of December 6, 2006; Resolution 1744 of February 20, 2007; Resolution 1772 of August 20, 2007; Resolution 1816 of June 2, 2008; and Resolution 1872 of May 26, 2009), 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. (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 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; or (2) acts that threaten the Transitional Federal Institutions, the African Union Mission in Somalia (AMISOM), or other international peace- keeping operations related to Somalia; (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, includ- ing financing and financial assistance, related to military activities; (D) 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), (a)(ii)(B), or (a)(ii)(C) of VerDate Nov<24>2008 17:30 Apr 14, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\15APE0.SGM 15APE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 19870 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Presidential Documents this section or any person whose property and interests in property are blocked pursuant to this order; or (E) 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, among other threats to the peace, security, or stability of Somalia, acts of piracy or armed robbery at sea off the coast of Somalia threaten the peace, security, or stability of Somalia. (c) 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) of this section 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. (d) The prohibitions in subsection (a) 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 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. (e) 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 ‘‘Transitional Federal Institutions’’ means the Transitional Federal Charter of the Somali Republic adopted in February 2004 and the Somali federal institutions established pursuant to such charter, and includes their agencies, instrumentalities, and controlled entities; and (e) the term ‘‘African Union Mission in Somalia’’ means the mission author- ized by the United Nations Security Council in Resolution 1744 of February 20, 2007, and reauthorized in subsequent resolutions, and includes its agen- cies, instrumentalities, and controlled entities. 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 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(a) of this order. VerDate Nov<24>2008 17:30 Apr 14, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\15APE0.SGM 15APE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 19871 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Presidential Documents 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. 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. 7. 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. 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 April 13, 2010. THE WHITE HOUSE, April 12, 2010. Billing code 3195–W9–P VerDate Nov<24>2008 17:30 Apr 14, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\15APE0.SGM 15APE0 OB#1.EPS</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0 19872 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Presidential Documents [FR Doc. 2010–8878 Filed 4–14–10; 11:15 am] Billing code 4811–33–C VerDate Nov<24>2008 19:00 Apr 14, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\15APE0.SGM 15APE0 ED15AP10.010</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0

Blocking Property of Certain Persons Contributing to the Conflict in Somalia

2010-04-12T00:00:00

588ae2aef5e758ee2d55320ec4765603d31a84dd7227f02131401d582583ce01

Presidential Executive Order

2010-9078 (13537)

Presidential Documents 20237 Federal Register Vol. 75, No. 74 Monday, April 19, 2010 Title 3— The President Executive Order 13537 of April 14, 2010 Interagency Group on Insular Areas 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. Interagency Group on Insular Areas. (a) There is established, within the Department of the Interior for adminis- trative purposes, the Interagency Group on Insular Areas (IGIA) to address policies concerning Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands (Insular Areas). (b) The IGIA shall consist of: (i) the heads of the executive departments, as defined in 5 U.S.C. 101; (ii) the heads of such other executive agencies as the Co-Chairs of the IGIA may designate; and (iii) the Deputy Assistant to the President and Director of Intergovernmental Affairs. (c) The Secretary of the Interior and the Deputy Assistant to the President and Director of Intergovernmental Affairs shall serve as Co-Chairs of the IGIA, convene and preside at its meetings, direct its work, and establish such subgroups of the IGIA as they deem appropriate, consisting exclusively of members of the IGIA. (d) Members of the IGIA may designate a senior department or agency official who is a full-time officer or employee of the Federal Government to perform their IGIA functions. Sec. 2. Functions of the IGIA. The IGIA shall: (a) advise the President on establishment or implementation of policies concerning the Insular Areas; (b) solicit information and advice concerning the Insular Areas from the Governors of, and other elected officials in, the Insular Areas (including through at least one meeting each year with any Governors of the Insular Areas who may wish to attend) in a manner that seeks their individual advice and does not involve collective judgment, or consensus advice or deliberation; (c) solicit information and advice concerning the Insular Areas, as the IGIA determines appropriate, from representatives of entities or other individ- uals in a manner that seeks their individual advice and does not involve collective judgment, or consensus advice or deliberation; (d) solicit information from executive departments or agencies for purposes of carrying out its mission; and (e) at the request of the head of any executive department or agency who is a member of the IGIA, with the approval of the Co-Chairs, promptly review and provide advice on a policy or policy implementation action affecting the Insular Areas proposed by that department or agency. Sec. 3. Recommendations. The IGIA shall: (a) submit annually to the President a report containing recommendations regarding the establishment or implementation of policies concerning the Insular Areas; and (b) provide to the President, from time to time, as appropriate, rec- ommendations concerning proposed or existing Federal programs and poli- cies affecting the Insular Areas. VerDate Nov<24>2008 07:43 Apr 16, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS 20238 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Presidential Documents Sec. 4. General Provisions. (a) The heads of executive departments and agencies shall assist and provide information to the IGIA, consistent with applicable law, as may be necessary to carry out the functions of the IGIA. Each executive department and agency shall bear its own expenses of participating in the IGIA. (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 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. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) This order shall supersede Executive Order 13299 of May 8, 2003. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, April 14, 2010. [FR Doc. 2010–9078 Filed 4–16–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 07:43 Apr 16, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 OB#1.EPS</GPH> wwoods2 on DSK1DXX6B1PROD with PRESDOCS

Interagency Group on Insular Areas

2010-04-14T00:00:00

6f69e25e1d09986c2a0319bcf1c6ebb029c0de3f8d16e3a7e165a5f942a6dd46

Presidential Executive Order

2010-3725 (13531)

Presidential Documents 7927 Federal Register Vol. 75, No. 35 Tuesday, February 23, 2010 Title 3— The President Executive Order 13531 of February 18, 2010 National Commission on Fiscal Responsibility and Reform By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. There is established within the Executive Office of the President the National Commission on Fiscal Responsibility and Re- form (Commission). Sec. 2. Membership. The Commission shall be composed of 18 members who shall be selected as follows: (a) six members appointed by the President, not more than four of whom shall be from the same political party; (b) three members selected by the Majority Leader of the Senate, all of whom shall be current Members of the Senate; (c) three members selected by the Speaker of the House of Representatives, all of whom shall be current Members of the House of Representatives; (d) three members selected by the Minority Leader of the Senate, all of whom shall be current Members of the Senate; and (e) three members selected by the Minority Leader of the House of Rep- resentatives, all of whom shall be current Members of the House of Represent- atives. Sec. 3. Co-Chairs. From among his appointees, the President shall designate two members, who shall not be of the same political party, to serve as Co-Chairs of the Commission. Sec. 4. Mission. The Commission is charged with identifying policies to improve the fiscal situation in the medium term and to achieve fiscal sustain- ability over the long run. Specifically, the Commission shall propose rec- ommendations designed to balance the budget, excluding interest payments on the debt, by 2015. This result is projected to stabilize the debt-to-GDP ratio at an acceptable level once the economy recovers. The magnitude and timing of the policy measures necessary to achieve this goal are subject to considerable uncertainty and will depend on the evolution of the economy. In addition, the Commission shall propose recommendations that meaning- fully improve the long-run fiscal outlook, including changes to address the growth of entitlement spending and the gap between the projected reve- nues and expenditures of the Federal Government. Sec. 5. Reports. (a) No later than December 1, 2010, the Commission shall vote on the approval of a final report containing a set of recommendations to achieve the mission set forth in section 4 of this order. (b) The issuance of a final report of the Commission shall require the approval of not less than 14 of the 18 members of the Commission. Sec. 6. Administration. (a) Members of the Commission shall serve without any additional compensation, but shall 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. (b) The Commission shall have a staff headed by an Executive Director. VerDate Nov<24>2008 16:22 Feb 22, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23FEE0.SGM 23FEE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 7928 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Presidential Documents Sec. 7. General. (a) The Commission shall terminate 30 days after submitting its final report. (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 is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 18, 2010. [FR Doc. 2010–3725 Filed 2–22–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 16:22 Feb 22, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\23FEE0.SGM 23FEE0 OB#1.EPS</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0

National Commission on Fiscal Responsibility and Reform

2010-02-18T00:00:00

8f3f94eb148600b30fe4cdce724f5f01cf3fb1678e7743b8cd327a5f7fa82214

Presidential Executive Order

2010-5837 (13534)

Presidential Documents 12433 Federal Register Vol. 75, No. 50 Tuesday, March 16, 2010 Title 3— The President Executive Order 13534 of March 11, 2010 National Export Initiative By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Export Enhancement Act of 1992, Public Law 102–429, 106 Stat. 2186, and section 301 of title 3, United States Code, in order to enhance and coordinate Federal efforts to facilitate the creation of jobs in the United States through the promotion of exports, and to ensure the effective use of Federal resources in support of these goals, it is hereby ordered as follows: Section 1. Policy. The economic and financial crisis has led to the loss of millions of U.S. jobs, and while the economy is beginning to show signs of recovery, millions of Americans remain unemployed or under- employed. Creating jobs in the United States and ensuring a return to sustain- able economic growth is the top priority for my Administration. A critical component of stimulating economic growth in the United States is ensuring that U.S. businesses can actively participate in international markets by increasing their exports of goods, services, and agricultural products. Im- proved export performance will, in turn, create good high-paying jobs. The National Export Initiative (NEI) shall be an Administration initiative to improve conditions that directly affect the private sector’s ability to export. The NEI will help meet my Administration’s goal of doubling exports over the next 5 years by working to remove trade barriers abroad, by helping firms—especially small businesses—overcome the hurdles to entering new export markets, by assisting with financing, and in general by pursuing a Government-wide approach to export advocacy abroad, among other steps. Sec. 2. Export Promotion Cabinet. There is established an Export Promotion Cabinet to develop and coordinate the implementation of the NEI. The Export Promotion Cabinet shall consist of: (a) the Secretary of State; (b) the Secretary of the Treasury; (c) the Secretary of Agriculture; (d) the Secretary of Commerce; (e) the Secretary of Labor; (f) the Director of the Office of Management and Budget; (g) the United States Trade Representative; (h) the Assistant to the President for Economic Policy; (i) the National Security Advisor; (j) the Chair of the Council of Economic Advisers; (k) the President of the Export-Import Bank of the United States; (l) the Administrator of the Small Business Administration; (m) the President of the Overseas Private Investment Corporation; (n) the Director of the United States Trade and Development Agency; and (o) the heads of other executive branch departments, agencies, and offices as the President may, from time to time, designate. VerDate Nov<24>2008 07:48 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\16MRE0.SGM 16MRE0 emcdonald on DSK2BSOYB1PROD with PRESDOCST 12434 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Presidential Documents The Export Promotion Cabinet shall meet periodically and report to the President on the progress of the NEI. A member of the Export Promotion Cabinet may designate, to perform the NEI-related functions of that member, a senior official from the member’s department or agency who is a full- time officer or employee. The Export Promotion Cabinet may also establish subgroups consisting of its members or their designees, and, as appropriate, representatives of other departments and agencies. The Export Promotion Cabinet shall coordinate with the Trade Promotion Coordinating Committee (TPCC), established by Executive Order 12870 of September 30, 1993. Sec. 3. National Export Initiative. The NEI shall address the following: (a) Exports by Small and Medium-Sized Enterprises (SMEs). Members of the Export Promotion Cabinet shall develop programs, in consultation with the TPCC, designed to enhance export assistance to SMEs, including programs that improve information and other technical assistance to first- time exporters and assist current exporters in identifying new export opportu- nities in international markets. (b) Federal Export Assistance. Members of the Export Promotion Cabinet, in consultation with the TPCC, shall promote Federal resources currently available to assist exports by U.S. companies. (c) Trade Missions. The Secretary of Commerce, in consultation with the TPCC and, to the extent possible, with State and local government officials and the private sector, shall ensure that U.S. Government-led trade missions effectively promote exports by U.S. companies. (d) Commercial Advocacy. Members of the Export Promotion Cabinet, in consultation with other departments and agencies and in coordination with the Advocacy Center at the Department of Commerce, shall take steps to ensure that the Federal Government’s commercial advocacy effectively promotes exports by U.S. companies. (e) Increasing Export Credit. The President of the Export-Import Bank, in consultation with other members of the Export Promotion Cabinet, shall take steps to increase the availability of credit to SMEs. (f) Macroeconomic Rebalancing. The Secretary of the Treasury, in consulta- tion with other members of the Export Promotion Cabinet, shall promote balanced and strong growth in the global economy through the G20 Financial Ministers’ process or other appropriate mechanisms. (g) Reducing Barriers to Trade. The United States Trade Representative, in consultation with other members of the Export Promotion Cabinet, shall take steps to improve market access overseas for our manufacturers, farmers, and service providers by actively opening new markets, reducing significant trade barriers, and robustly enforcing our trade agreements. (h) Export Promotion of Services. Members of the Export Promotion Cabinet shall develop a framework for promoting services trade, including the nec- essary policy and export promotion tools. Sec. 4. Report to the President. Not later than 180 days after the date of this order, the Export Promotion Cabinet, through the TPCC, shall provide the President a comprehensive plan to carry out the goals of the NEI. The Chairman of the TPCC shall set forth the steps taken to implement this plan in the annual report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives required by the Export Enhancement Act of 1992, Public Law 102–249, 106 Stat. 2186, and Executive Order 12870, as amended. Sec. 5. 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 VerDate Nov<24>2008 07:48 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\16MRE0.SGM 16MRE0 emcdonald on DSK2BSOYB1PROD with PRESDOCST 12435 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Presidential Documents (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, March 11, 2010. [FR Doc. 2010–5837 Filed 3–15–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 07:48 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\16MRE0.SGM 16MRE0 OB#1.EPS</GPH> emcdonald on DSK2BSOYB1PROD with PRESDOCST

National Export Initiative

2010-03-11T00:00:00

ca79d865150ea961de8dede2a4b99eed3ef14d347b8717d23b401a7fea765e37

Presidential Executive Order

2010-1229 (13529)

Presidential Documents 3331 Federal Register Vol. 75, No. 13 Thursday, January 21, 2010 Title 3— The President Executive Order 13529 of January 16, 2010 Ordering the Selected Reserve and Certain Individual Ready Reserve Members of the Armed Forces to Active Duty By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active Armed Forces of the United States for the effective conduct of operational missions, including those involving humanitarian assistance, related to relief efforts in Haiti necessitated by the earthquake on January 12, 2010. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, and to terminate the service of those units and members ordered to active duty. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 16, 2010. [FR Doc. 2010–1229 Filed 1–20–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 20:11 Jan 20, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\21JAE0.SGM 21JAE0 OB#1.EPS</GPH> sroberts on DSKD5P82C1PROD with RULES

Ordering the Selected Reserve and Certain Individual Ready Reserve Members of the Armed Forces to Active Duty

2010-01-16T00:00:00

6a1129f8d7249b1af341d641dc255248c7846c7c6bd674e9b7207f245d395138

Presidential Executive Order

2010-4884 (13533)

Presidential Documents 10163 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Presidential Documents Executive Order 13533 of March 1, 2010 Providing an Order of Succession Within the Department of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq., it is hereby ordered that: Section 1. Order of Succession. (a) Subject to the provisions of section 2 of this order, the following officials of the Department of Defense, in the order listed, shall act as and perform the functions and duties of the office of the Secretary of Defense (Secretary) during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of the Secretary, until such time as the Secretary is able to perform the functions and duties of that office: (1) Deputy Secretary of Defense; (2) Secretary of the Army; (3) Secretary of the Navy; (4) Secretary of the Air Force; (5) Under Secretary of Defense for Acquisition, Technology, and Logistics; (6) Under Secretary of Defense for Policy; (7) Under Secretary of Defense (Comptroller); (8) Under Secretary of Defense for Personnel and Readiness; (9) Under Secretary of Defense for Intelligence; (10) Deputy Chief Management Officer, Department of Defense; (11) Principal Deputy Under Secretary of Defense for Acquisition, Tech- nology, and Logistics; (12) Principal Deputy Under Secretary of Defense for Policy; (13) Principal Deputy Under Secretary of Defense (Comptroller); (14) Principal Deputy Under Secretary of Defense for Personnel and Readi- ness; (15) Principal Deputy Under Secretary of Defense for Intelligence; (16) Director of Defense Research and Engineering; (17) General Counsel of the Department of Defense, the Assistant Secretaries of Defense, the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, the Director of Operational Test and Evaluation, the Director of Operational Energy Plans and Pro- grams, and the Director of Cost Assessment and Program Evaluation; (18) Under Secretaries of the Army, the Navy, and the Air Force; and (19) Assistant Secretaries of the Army, the Navy, and the Air Force, and General Counsels of the Army, the Navy, and the Air Force. (b) Precedence among officers designated within the same paragraph of subsection (a) shall be determined by the order in which they have been appointed to such office. Where officers designated within the same para- graph of subsection (a) have the same appointment date, precedence shall VerDate Nov<24>2008 10:31 Mar 04, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS 10164 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Presidential Documents be determined by the order in which they have taken the oath to serve in that office. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this order. (b) No individual listed in section 1 shall act as Secretary unless that individual was appointed by the President, by and with the advice and consent of the Senate, and that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998, as amended. (c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Secretary. Sec. 3. Revocation. Executive Order 13394 of December 22, 2005 (Providing An Order of Succession Within the Department of Defense), 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, March 1, 2010. [FR Doc. 2010–4884 Filed 3–4–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 10:31 Mar 04, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 OB#1.EPS</GPH> wwoods2 on DSK1DXX6B1PROD with PRESDOCS

Providing an Order of Succession Within the Department of Defense

2010-03-01T00:00:00

e99cff10e431de26d0c17a0310144ace9538a799e0b5219b77409ae0d4032d23

Presidential Executive Order

2010-2419 (13530)

Presidential Documents 5481 Federal Register Vol. 75, No. 22 Wednesday, February 3, 2010 Title 3— The President Executive Order 13530 of January 29, 2010 President’s Advisory Council on Financial Capability 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 keep America competitive and assist the American people in understanding and addressing financial matters, and thereby con- tribute to financial stability, it is the policy of the Federal Government to promote and enhance financial capability among the American people. Financial capability is the capacity, based on knowledge, skills, and access, to manage financial resources effectively. In order to develop this capacity, individuals must have appropriate access to and understanding of financial products, services, and concepts. Financial capability empowers individuals to make informed choices, avoid pitfalls, know where to go for help, and take other actions to improve 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 (Council). Sec. 3. Membership and Operation of the Council. (a) The Council shall consist of: (i) the Secretary of the Treasury and the Secretary of Education, who may designate a senior official from each of their respective departments 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, up to three of whom shall be selected by the President on the basis of their experience in academia or similar research experience related to financial education and financial access. (b) Members of the Council shall include individuals with relevant back- grounds, such as financial services providers, consumers, access advocates, and educators. Members of the Council appointed by the President pursuant to subsection (a)(ii) of this section, may serve as representatives of individual industries, trade groups, public interest groups, or other organizations. The composition of the Council shall reflect the views of diverse stakeholders. (c) 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. (d) Subject to the direction of the Secretary of the Treasury (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. (e) 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: VerDate Nov<24>2008 10:05 Feb 02, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03FEE0.SGM 03FEE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 5482 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Presidential Documents (i) officers of executive departments and agencies (including members of the Financial Literacy and Education Commission established under title V of the Fair and Accurate Credit Transaction Act, Public Law 108– 159); (ii) State, local, territorial, and tribal officials; (iii) financial services providers and consumers, financial access advocates, and financial literacy educators; (iv) experts on matters relating to the policy set forth in section 1 of this order; and (v) such other individuals as the Secretary may direct; (b) advise the President and the Secretary on means to implement effec- tively the policy set forth in section 1 of this order, including means to: (i) build a culture of financial capability by promoting messages and lessons about sound financial practices as broadly as possible; (ii) improve financial education efforts directed at youth, young adults, and adults in schools, workplaces, and other settings through innovative approaches; (iii) promote access to financial services; (iv) promote the private-sector development of financial products and services benefitting consumers, especially low- and moderate-income con- sumers; (v) educate consumers about effective use of such products and services; (vi) identify the most important basic financial concepts and actions indi- viduals need to understand and perform to be financially capable; (vii) identify effective financial education approaches and methods for evaluating the effectiveness of financial education approaches; and (viii) strengthen and enhance coordination between public and private- sector financial education programs; (c) periodically report to the President, through the Secretary, on: (i) the status of financial capability in the United States; (ii) progress made in implementing the policy set forth in section 1 of this order; and (iii) 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. 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. (b) The heads of executive departments and agencies shall provide, as appropriate and to the extent permitted by law, such assistance and informa- tion to the Council as the Secretary may request to implement this order. (c) Members of the Council: (i) shall serve without any compensation for their work on the Council; and (ii) 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. (d) 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. VerDate Nov<24>2008 10:05 Feb 02, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\03FEE0.SGM 03FEE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 5483 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Presidential Documents 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) 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 29, 2010. [FR Doc. 2010–2419 Filed 2–2–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 10:05 Feb 02, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03FEE0.SGM 03FEE0 OB#1.EPS</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1

President's Advisory Council on Financial Capability

2010-01-29T00:00:00

c03e77af8515268b251a711d4235c98cddeebd03876e4021fc365d1596a433af

Presidential Executive Order

2010-4593 (13532)

Presidential Documents 9749 Federal Register Vol. 75, No. 41 Wednesday, March 3, 2010 Title 3— The President Executive Order 13532 of February 26, 2010 Promoting Excellence, Innovation, and Sustainability at His- torically Black Colleges and Universities By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to advance the development of the Nation’s full human potential and to advance equal opportunity in higher education, strengthen the capacity of historically black colleges and universities to provide the highest quality education, increase opportuni- ties for these institutions to participate in and benefit from Federal programs, and ensure that our Nation has the highest proportion of college graduates in the world by the year 2020, it is hereby ordered as follows: Section 1. Policy. Historically black colleges and universities (HBCUs) have made historic and ongoing contributions to the general welfare and prosperity of our country. Established by visionary leaders, America’s HBCUs, for over 150 years, have produced many of the Nation’s leaders in business, govern- ment, academia, and the military and have provided generations of American men and women with hope and educational opportunity. The Nation’s 105 HBCUs are located in 20 States, the District of Columbia, and the U.S. Virgin Islands and serve more than 300,000 undergraduate and graduate students. These institutions continue to be important engines of economic growth and community service, and they are proven ladders of intergenera- tional advancement for men and women of all ethnic, racial, and economic backgrounds, especially African Americans. These institutions also produce a high number of baccalaureate recipients who go on to assume leadership and service roles in their communities and who successfully complete grad- uate and professional degree programs. Sec. 2. White House Initiative on HBCUs. (a) Establishment. There is established the White House Initiative on His- torically Black Colleges and Universities (Initiative), to be housed in the Department of Education (Department). (b) Mission and Functions. The Initiative shall work with executive depart- ments, agencies, and offices, the private sector, educational associations, philanthropic organizations, and other partners to increase the capacity of HBCUs to provide the highest-quality education to a greater number of students, and to take advantage of these institutions’ capabilities in serving the Nation’s needs through five core tasks: (i) strengthening the capacity of HBCUs to participate in Federal programs; (ii) fostering enduring private-sector initiatives and public-private partner- ships while promoting specific areas and centers of academic research and programmatic excellence throughout all HBCUs; (iii) improving the availability, dissemination, and quality of information concerning HBCUs to inform public policy and practice; (iv) sharing administrative and programmatic practices within the HBCU community for the benefit of all; and (v) exploring new ways of improving the relationship between the Federal Government and HBCUs. (c) Administration. There shall be an Executive Director of the Initiative. The Department shall provide the staff, resources, and assistance for the Initiative, and shall assist the Initiative in fulfilling its mission and respon- sibilities under this order. VerDate Nov<24>2008 18:00 Mar 02, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRE0.SGM 03MRE0 jlentini on DSKJ8SOYB1PROD with FRE0 9750 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Presidential Documents (d) Federal Agency Plans. (1) Each executive department and agency des- ignated by the Secretary of Education (Secretary) shall prepare an annual plan (agency plan) of its efforts to strengthen the capacity of HBCUs through increased participation in appropriate Federal programs and initiatives. Where appropriate, each agency plan shall address, among other things, the agency’s proposed efforts to: (i) establish how the department or agency intends to increase the capacity of HBCUs to compete effectively for grants, contracts, or coopera- tive agreements and to encourage HBCUs to participate in Federal pro- grams; (ii) identify Federal programs and initiatives in which HBCUs may be either underserved or underused as national resources, and improve HBCUs’ participation therein; and (iii) encourage public-sector, private-sector, and community involvement in improving the overall capacity of HBCUs. (2) Each department and agency, in its agency plan, shall provide appro- priate measurable objectives and, after the first year, shall annually assess that department’s or agency’s performance on the goals set in the previous year’s agency plan. (3) The Secretary shall establish a date by which agency plans shall be submitted to the Secretary. The Secretary and the Executive Director shall review the agency plans in consultation with the President’s Board of Advisors on HBCUs, established in section 3 of this order, and shall submit to the President an annual plan to strengthen the overall capacity of HBCUs. (4) To help fulfill the objectives of these plans, the head of each department and agency identified by the Secretary shall provide, as appropriate, tech- nical assistance and information to the Executive Director for purposes of communicating with HBCUs concerning program activities of the depart- ment or agency and the preparation of applications or proposals for grants, contracts, or cooperative agreements. (5) To help fulfill the goals of this order, each executive department and agency identified by the Secretary shall appoint a senior official to report directly to the department or agency head with respect to that department’s or agency’s activities under this order, and to serve as liaison to the President’s Board of Advisors on HBCUs and to the Initiative. (e) Interagency Working Group. There is established the Interagency Work- ing Group, which shall be convened by the Executive Director and that shall consist of representatives from agencies designated by the Secretary, to help advance and coordinate the work of Federal agencies pursuant to this order, where appropriate. Sec. 3. President’s Board of Advisors on HBCUs. (a) Establishment. There is established in the Department the President’s Board of Advisors on Historically Black Colleges and Universities (the Board). The Board shall consist of not more than 25 members appointed by the President. The President shall designate one member of the Board to serve as Chair, who shall coordinate with the Executive Director to convene meet- ings and help direct the work of the Board. The Board shall include represent- atives of a variety of sectors, including philanthropy, education, business, finance, entrepreneurship, innovation, and private foundations, as well as sitting HBCU presidents. (b) Mission and Functions. Through the Initiative, the Board shall advise the President and the Secretary on all matters pertaining to strengthening the educational capacity of HBCUs. In particular, the Board shall advise the President and the Secretary in the following areas: (i) improving the identity, visibility, and distinctive capabilities and overall competitiveness of HBCUs; VerDate Nov<24>2008 18:00 Mar 02, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRE0.SGM 03MRE0 jlentini on DSKJ8SOYB1PROD with FRE0 9751 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Presidential Documents (ii) engaging the philanthropic, business, government, military, homeland- security, and education communities in a national dialogue regarding new HBCU programs and initiatives; (iii) improving the ability of HBCUs to remain fiscally secure institutions that can assist the Nation in reaching its goal of having the highest proportion of college graduates by 2020; (iv) elevating the public awareness of HBCUs; and (v) encouraging public-private investments in HBCUs. (c) Administration. The Executive Director of the Initiative shall also serve as the Executive Director of the Board. The Department shall provide funding and administrative support for the Board to the extent permitted by law and within existing appropriations. Members of the Board shall serve without compensation, but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law. Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Board, any functions of the President under that Act, except for those of reporting to the Congress, shall be performed by the Secretary, in accord- ance with guidelines issued by the Administrator of General Services. (d) Report. As part of the annual report of the Initiative, the Board shall report to the President and the Secretary on their progress in carrying out its duties under this section. Sec. 4. General Provisions. (a) For the purposes of this order, ‘‘historically black colleges and universities’’ shall mean those institutions listed in 34 C.F.R. 602.8. (b) This order shall apply to executive departments and agencies designated by the Secretary. Those departments and agencies shall provide timely reports and such information as is required to effectively carry out the objectives of this order. (c) The heads of executive departments and agencies shall assist and provide information through the White House Initiative to the Board, con- sistent with applicable law, as may be necessary to carry out the functions of the Board. Each executive department and agency shall bear its own expenses of participating in the Initiative. (d) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Nov<24>2008 18:00 Mar 02, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRE0.SGM 03MRE0 jlentini on DSKJ8SOYB1PROD with FRE0 9752 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / 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. (g) Executive Order 13256 of February 12, 2002, is hereby revoked. THE WHITE HOUSE, February 26, 2010. [FR Doc. 2010–4593 Filed 3–2–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 18:00 Mar 02, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRE0.SGM 03MRE0 OB#1.EPS</GPH> jlentini on DSKJ8SOYB1PROD with FRE0

Promoting Excellence, Innovation, and Sustainability at Historically Black Colleges and Universities

2010-02-26T00:00:00

7f2828b57a474af7d925ffbb57b3e45fca5d1a05bbc9b879ede9581c87c75de0

Presidential Executive Order

2010-705 (13528)

Presidential Documents 2053 Federal Register Vol. 75, No. 9 Thursday, January 14, 2010 Title 3— The President Executive Order 13528 of January 11, 2010 Establishment of the Council of Governors By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1822 of the National Defense Authorization Act of 2008 (Public Law 110–181), and in order to strengthen further the partnership between the Federal Government and State governments to protect our Nation and its people and property, it is hereby ordered as follows: Section 1. Council of Governors. (a) There is established a Council of Governors (Council). The Council shall consist of 10 State Governors appointed by the President (Members), of whom no more than five shall be of the same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms. (b) The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council. Sec. 2. Functions. The Council shall meet at the call of the Secretary of Defense or the Co-Chairs of the Council to exchange views, information, or advice with the Secretary of Defense; the Secretary of Homeland Security; the Assistant to the President for Homeland Security and Counterterrorism; the Assistant to the President for Intergovernmental Affairs and Public En- gagement; the Assistant Secretary of Defense for Homeland Defense and Americas’ Security Affairs; the Commander, United States Northern Com- mand; the Chief, National Guard Bureau; the Commandant of the Coast Guard; and other appropriate officials of the Department of Homeland Secu- rity and the Department of Defense, and appropriate officials of other execu- tive departments or agencies as may be designated by the Secretary of Defense or the Secretary of Homeland Security. Such views, information, or advice shall concern: (a) matters involving the National Guard of the various States; (b) homeland defense; (c) civil support; (d) synchronization and integration of State and Federal military activities in the United States; and (e) other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities. Sec. 3. Administration. (a) The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council. (b) Members shall serve without compensation for their work on the Council. However, Members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law. (c) Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to the extent permitted by law and subject to the availability of appropriations, provide the Council with administrative support, assign- ment or detail of personnel, and information as may be necessary for the performance of the Council’s functions. (d) The Council may establish subcommittees of the Council. These sub- committees shall consist exclusively of Members of the Council and any VerDate Nov<24>2008 07:39 Jan 13, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS 2054 Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Presidential Documents designated employees of a Member with authority to act on the Member’s behalf, as appropriate to aid the Council in carrying out its functions under this order. (e) The Council may establish a charter that is consistent with the terms of this order to refine further its purpose, scope, and objectives and to allocate duties, as appropriate, among members. Sec. 4. Definitions. As used in this order: (a) the term ‘‘State’’ has the meaning provided in paragraph (15) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(15)); and (b) the term ‘‘Governor’’ has the meaning provided in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(5)). Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to a 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. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 11, 2010. [FR Doc. 2010–705 Filed 1–13–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 07:39 Jan 13, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 OB#1.EPS</GPH> wwoods2 on DSK1DXX6B1PROD with PRESDOCS

Establishment of the Council of Governors

2010-01-11T00:00:00

1f6cc05e6f2b3fbe630fedd032d1dd55d997d002652750a0c0e5d151319a6bbd

Presidential Executive Order

C1-2009-31418 (13526)

Presidential Documents 1013 Federal Register Vol. 75, No. 5 Friday, January 8, 2010 Title 3— The President Executive Order 13526 of December 29, 2009—Classified National Secu- rity Information Correction In Presidential document E9–31418 beginning on page 707 in the issue of Tuesday, January 5, 2010, make the following correction: On page 731, the date line below the President’s signature should read ‘‘December 29, 2009.’’ [FR Doc. C1–2009–31418 Filed 1–6–10; 2:00 pm] Billing Code 1505–01–D VerDate Nov<24>2008 07:50 Jan 07, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS

Correction

2009-12-29T00:00:00

7476a539412156fc112ba6d8ff508bb3ce7fcee07d636cc025b662091e626f26

Presidential Executive Order

2010-38 (13527)

Presidential Documents 737 Federal Register Vol. 75, No. 3 Wednesday, January 6, 2010 Title 3— The President Executive Order 13527 of December 30, 2009 Establishing Federal Capability for the Timely Provision of Medical Countermeasures Following a Biological Attack By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to plan and prepare for the timely provision of medical countermeasures to the American people in the event of a biological attack in the United States through a rapid Federal response in coordination with State, local, territorial, and tribal governments. This policy would seek to: (1) mitigate illness and prevent death; (2) sustain critical infrastructure; and (3) complement and supplement State, local, terri- torial, and tribal government medical countermeasure distribution capacity. Sec. 2. United States Postal Service Delivery of Medical Countermeasures. (a) The U.S. Postal Service has the capacity for rapid residential delivery of medical countermeasures for self administration across all communities in the United States. The Federal Government shall pursue a national U.S. Postal Service medical countermeasures dispensing model to respond to a large-scale biological attack. (b) The Secretaries of Health and Human Services and Homeland Security, in coordination with the U.S. Postal Service, within 180 days of the date of this order, shall establish a national U.S. Postal Service medical counter- measures dispensing model for U.S. cities to respond to a large-scale biologi- cal attack, with anthrax as the primary threat consideration. (c) In support of the national U.S. Postal Service model, the Secretaries of Homeland Security, Health and Human Services, and Defense, and the Attorney General, in coordination with the U.S. Postal Service, and in con- sultation with State and local public health, emergency management, and law enforcement officials, within 180 days of the date of this order, shall develop an accompanying plan for supplementing local law enforcement personnel, as necessary and appropriate, with local Federal law enforcement, as well as other appropriate personnel, to escort U.S. Postal workers deliv- ering medical countermeasures. Sec. 3. Federal Rapid Response. (a) The Federal Government must develop the capacity to anticipate and immediately supplement the capabilities of affected jurisdictions to rapidly distribute medical countermeasures following a biological attack. Implementation of a Federal strategy to rapidly dispense medical countermeasures requires establishment of a Federal rapid response capability. (b) The Secretaries of Homeland Security and Health and Human Services, in coordination with the Secretary of Defense, within 90 days of the date of this order, shall develop a concept of operations and establish requirements for a Federal rapid response to dispense medical countermeasures to an affected population following a large-scale biological attack. Sec. 4. Continuity of Operations. (a) The Federal Government must establish mechanisms for the provision of medical countermeasures to personnel per- forming mission-essential functions to ensure that mission-essential functions of Federal agencies continue to be performed following a biological attack. VerDate Nov<24>2008 07:43 Jan 05, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\06JAE0.SGM 06JAE0 cprice-sewell on DSK2BSOYB1PROD with PRESDOCSF 738 Federal Register / Vol. 75, No. 3 / Wednesday, January 6, 2010 / Presidential Documents (b) The Secretaries of Health and Human Services and Homeland Security, within 180 days of the date of this order, shall develop a plan for the provision of medical countermeasures to ensure that mission-essential func- tions of executive branch departments and agencies continue to be performed following a large-scale biological attack. Sec. 5. 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. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, December 30, 2009. [FR Doc. 2010–38 Filed 1–5–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 07:43 Jan 05, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\06JAE0.SGM 06JAE0 OB#1.EPS</GPH> cprice-sewell on DSK2BSOYB1PROD with PRESDOCSF

Establishing Federal Capability for the Timely Provision of Medical Countermeasures Following a Biological Attack

2009-12-30T00:00:00

1ce02a913ea5ac3ac221b0b7b4b76cd890402f6006cc5ef04e1a41a3427f773c

Presidential Executive Order

E9-30413 (13524)

Presidential Documents 67803 Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Presidential Documents Executive Order 13524 of December 16, 2009 Amending Executive Order 12425 Designating Interpol as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of the International Organizations Immunities Act (22 U.S.C. 288), and in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983, as amended, is further amended by deleting from the first sentence the words ‘‘except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act’’ and the semicolon that immediately precedes them. THE WHITE HOUSE, December 16, 2009. [FR Doc. E9–30413 Filed 12–18–09; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 07:35 Dec 18, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\21DEE0.SGM 21DEE0 OB#1.EPS</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1

Amending Executive Order 12425 Designating Interpol as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities

2009-12-16T00:00:00

b5fddc2386087bca951f45bb0c2230aea1bfb407f441fa83c97ddedf1f599ba4

Presidential Executive Order

E9-31418 (13526)

Presidential Documents 707 Federal Register Vol. 75, No. 2 Tuesday, January 5, 2010 Title 3— The President Executive Order 13526 of December 29, 2009 Classified National Security Information This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism. Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation’s progress depends on the free flow of information both within the Government and to the American people. Nevertheless, throughout our history, the national defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations. Protecting information critical to our Nation’s security and demonstrating our commitment to open Government through accurate and accountable application of classification standards and routine, secure, and effective declassification are equally important priorities. NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: PART 1—ORIGINAL CLASSIFICATION Section 1.1. Classification Standards. (a) Information may be originally classi- fied under the terms of this order only if all of the following conditions are met: (1) an original classification authority is classifying the information; (2) the information is owned by, produced by or for, or is under the control of the United States Government; (3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and (4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage. (b) If there is significant doubt about the need to classify information, it shall not be classified. This provision does not: (1) amplify or modify the substantive criteria or procedures for classifica- tion; or (2) create any substantive or procedural rights subject to judicial review. (c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information. (d) The unauthorized disclosure of foreign government information is pre- sumed to cause damage to the national security. Sec. 1.2. Classification Levels. (a) Information may be classified at one of the following three levels: (1) ‘‘Top Secret’’ shall be applied to information, the unauthorized disclo- sure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe. (2) ‘‘Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 708 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents national security that the original classification authority is able to identify or describe. (3) ‘‘Confidential’’ shall be applied to information, the unauthorized disclo- sure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe. (b) Except as otherwise provided by statute, no other terms shall be used to identify United States classified information. (c) If there is significant doubt about the appropriate level of classification, it shall be classified at the lower level. Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by: (1) the President and the Vice President; (2) agency heads and officials designated by the President; and (3) United States Government officials delegated this authority pursuant to paragraph (c) of this section. (b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level. (c) Delegation of original classification authority. (1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) ‘‘Top Secret’’ original classification authority may be delegated only by the President, the Vice President, or an agency head or official des- ignated pursuant to paragraph (a)(2) of this section. (3) ‘‘Secret’’ or ‘‘Confidential’’ original classification authority may be delegated only by the President, the Vice President, an agency head or official designated pursuant to paragraph (a)(2) of this section, or the senior agency official designated under section 5.4(d) of this order, pro- vided that official has been delegated ‘‘Top Secret’’ original classification authority by the agency head. (4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this order. Each delegation shall identify the official by name or position. (5) Delegations of original classification authority shall be reported or made available by name or position to the Director of the Information Security Oversight Office. (d) All original classification authorities must receive training in proper classification (including the avoidance of over-classification) and declassifica- tion as provided in this order and its implementing directives at least once a calendar year. Such training must include instruction on the proper safeguarding of classified information and on the sanctions in section 5.5 of this order that may be brought against an individual who fails to classify information properly or protect classified information from unauthorized disclosure. Original classification authorities who do not receive such manda- tory training at least once within a calendar year shall have their classification authority suspended by the agency head or the senior agency official des- ignated under section 5.4(d) of this order until such training has taken place. A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is grant- ed, the individual shall receive such training as soon as practicable. (e) Exceptional cases. When an employee, government contractor, licensee, certificate holder, or grantee of an agency who does not have original classi- fication authority originates information believed by that person to require classification, the information shall be protected in a manner consistent VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 709 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents with this order and its implementing directives. The information shall be transmitted promptly as provided under this order or its implementing direc- tives to the agency that has appropriate subject matter interest and classifica- tion authority with respect to this information. That agency shall decide within 30 days whether to classify this information. Sec. 1.4. Classification Categories. Information shall not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accord- ance with section 1.2 of this order, and it pertains to one or more of the following: (a) military plans, weapons systems, or operations; (b) foreign government information; (c) intelligence activities (including covert action), intelligence sources or methods, or cryptology; (d) foreign relations or foreign activities of the United States, including confidential sources; (e) scientific, technological, or economic matters relating to the national security; (f) United States Government programs for safeguarding nuclear materials or facilities; (g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or (h) the development, production, or use of weapons of mass destruction. Sec. 1.5. Duration of Classification. (a) At the time of original classification, the original classification authority shall establish a specific date or event for declassification based on the duration of the national security sensitivity of the information. Upon reaching the date or event, the information shall be automatically declassified. Except for information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the date or event shall not exceed the time frame established in paragraph (b) of this section. (b) If the original classification authority cannot determine an earlier spe- cific date or event for declassification, information shall be marked for declassification 10 years from the date of the original decision, unless the original classification authority otherwise determines that the sensitivity of the information requires that it be marked for declassification for up to 25 years from the date of the original decision. (c) An original classification authority may extend the duration of classi- fication up to 25 years from the date of origin of the document, change the level of classification, or reclassify specific information only when the standards and procedures for classifying information under this order are followed. (d) No information may remain classified indefinitely. Information marked for an indefinite duration of classification under predecessor orders, for example, marked as ‘‘Originating Agency’s Determination Required,’’ or clas- sified information that contains incomplete declassification instructions or lacks declassification instructions shall be declassified in accordance with part 3 of this order. Sec. 1.6. Identification and Markings. (a) At the time of original classification, the following shall be indicated in a manner that is immediately apparent: (1) one of the three classification levels defined in section 1.2 of this order; (2) the identity, by name and position, or by personal identifier, of the original classification authority; (3) the agency and office of origin, if not otherwise evident; (4) declassification instructions, which shall indicate one of the following: VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 710 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (A) the date or event for declassification, as prescribed in section 1.5(a); (B) the date that is 10 years from the date of original classification, as prescribed in section 1.5(b); (C) the date that is up to 25 years from the date of original classification, as prescribed in section 1.5(b); or (D) in the case of information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the marking prescribed in implementing directives issued pur- suant to this order; and (5) a concise reason for classification that, at a minimum, cites the applica- ble classification categories in section 1.4 of this order. (b) Specific information required in paragraph (a) of this section may be excluded if it would reveal additional classified information. (c) With respect to each classified document, the agency originating the document shall, by marking or other means, indicate which portions are classified, with the applicable classification level, and which portions are unclassified. In accordance with standards prescribed in directives issued under this order, the Director of the Information Security Oversight Office may grant and revoke temporary waivers of this requirement. The Director shall revoke any waiver upon a finding of abuse. (d) Markings or other indicia implementing the provisions of this order, including abbreviations and requirements to safeguard classified working papers, shall conform to the standards prescribed in implementing directives issued pursuant to this order. (e) Foreign government information shall retain its original classification markings or shall be assigned a U.S. classification that provides a degree of protection at least equivalent to that required by the entity that furnished the information. Foreign government information retaining its original classi- fication markings need not be assigned a U.S. classification marking provided that the responsible agency determines that the foreign government markings are adequate to meet the purposes served by U.S. classification markings. (f) Information assigned a level of classification under this or predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings. Whenever such information is used in the derivative classification process or is reviewed for possible declassification, holders of such information shall coordinate with an appro- priate classification authority for the application of omitted markings. (g) The classification authority shall, whenever practicable, use a classified addendum whenever classified information constitutes a small portion of an otherwise unclassified document or prepare a product to allow for dissemi- nation at the lowest level of classification possible or in unclassified form. (h) Prior to public release, all declassified records shall be appropriately marked to reflect their declassification. Sec. 1.7. Classification Prohibitions and Limitations. (a) In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to: (1) conceal violations of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information that does not require protection in the interest of the national security. (b) Basic scientific research information not clearly related to the national security shall not be classified. (c) Information may not be reclassified after declassification and release to the public under proper authority unless: VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 711 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (1) the reclassification is personally approved in writing by the agency head based on a document-by-document determination by the agency that reclassification is required to prevent significant and demonstrable damage to the national security; (2) the information may be reasonably recovered without bringing undue attention to the information; (3) the reclassification action is reported promptly to the Assistant to the President for National Security Affairs (National Security Advisor) and the Director of the Information Security Oversight Office; and (4) for documents in the physical and legal custody of the National Ar- chives and Records Administration (National Archives) that have been available for public use, the agency head has, after making the determina- tions required by this paragraph, notified the Archivist of the United States (Archivist), who shall suspend public access pending approval of the reclassification action by the Director of the Information Security Oversight Office. Any such decision by the Director may be appealed by the agency head to the President through the National Security Advisor. Public access shall remain suspended pending a prompt decision on the appeal. (d) Information that has not previously been disclosed to the public under proper authority may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552), the Presidential Records Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of section 3.5 of this order only if such classification meets the requirements of this order and is accomplished on a document-by-document basis with the personal partici- pation or under the direction of the agency head, the deputy agency head, or the senior agency official designated under section 5.4 of this order. The requirements in this paragraph also apply to those situations in which information has been declassified in accordance with a specific date or event determined by an original classification authority in accordance with section 1.5 of this order. (e) Compilations of items of information that are individually unclassified may be classified if the compiled information reveals an additional associa- tion or relationship that: (1) meets the standards for classification under this order; and (2) is not otherwise revealed in the individual items of information. Sec. 1.8. Classification Challenges. (a) Authorized holders of information who, in good faith, believe that its classification status is improper are encouraged and expected to challenge the classification status of the informa- tion in accordance with agency procedures established under paragraph (b) of this section. (b) In accordance with implementing directives issued pursuant to this order, an agency head or senior agency official shall establish procedures under which authorized holders of information, including authorized holders outside the classifying agency, are encouraged and expected to challenge the classification of information that they believe is improperly classified or unclassified. These procedures shall ensure that: (1) individuals are not subject to retribution for bringing such actions; (2) an opportunity is provided for review by an impartial official or panel; and (3) individuals are advised of their right to appeal agency decisions to the Interagency Security Classification Appeals Panel (Panel) established by section 5.3 of this order. (c) Documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement are not covered by this section. VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 712 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents Sec. 1.9. Fundamental Classification Guidance Review. (a) Agency heads shall complete on a periodic basis a comprehensive review of the agency’s classification guidance, particularly classification guides, to ensure the guid- ance reflects current circumstances and to identify classified information that no longer requires protection and can be declassified. The initial funda- mental classification guidance review shall be completed within 2 years of the effective date of this order. (b) The classification guidance review shall include an evaluation of classi- fied information to determine if it meets the standards for classification under section 1.4 of this order, taking into account an up-to-date assessment of likely damage as described under section 1.2 of this order. (c) The classification guidance review shall include original classification authorities and agency subject matter experts to ensure a broad range of perspectives. (d) Agency heads shall provide a report summarizing the results of the classification guidance review to the Director of the Information Security Oversight Office and shall release an unclassified version of this report to the public. PART 2—DERIVATIVE CLASSIFICATION Sec. 2.1. Use of Derivative Classification. (a) Persons who reproduce, extract, or summarize classified information, or who apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority. (b) Persons who apply derivative classification markings shall: (1) be identified by name and position, or by personal identifier, in a manner that is immediately apparent for each derivative classification action; (2) observe and respect original classification decisions; and (3) carry forward to any newly created documents the pertinent classifica- tion markings. For information derivatively classified based on multiple sources, the derivative classifier shall carry forward: (A) the date or event for declassification that corresponds to the longest period of classification among the sources, or the marking established pursuant to section 1.6(a)(4)(D) of this order; and (B) a listing of the source materials. (c) Derivative classifiers shall, whenever practicable, use a classified adden- dum whenever classified information constitutes a small portion of an other- wise unclassified document or prepare a product to allow for dissemination at the lowest level of classification possible or in unclassified form. (d) Persons who apply derivative classification markings shall receive training in the proper application of the derivative classification principles of the order, with an emphasis on avoiding over-classification, at least once every 2 years. Derivative classifiers who do not receive such training at least once every 2 years shall have their authority to apply derivative classi- fication markings suspended until they have received such training. A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable. Sec. 2.2. Classification Guides. (a) Agencies with original classification au- thority shall prepare classification guides to facilitate the proper and uniform derivative classification of information. These guides shall conform to stand- ards contained in directives issued under this order. (b) Each guide shall be approved personally and in writing by an official who: (1) has program or supervisory responsibility over the information or is the senior agency official; and VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 713 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (2) is authorized to classify information originally at the highest level of classification prescribed in the guide. (c) Agencies shall establish procedures to ensure that classification guides are reviewed and updated as provided in directives issued under this order. (d) Agencies shall incorporate original classification decisions into classi- fication guides on a timely basis and in accordance with directives issued under this order. (e) Agencies may incorporate exemptions from automatic declassification approved pursuant to section 3.3(j) of this order into classification guides, provided that the Panel is notified of the intent to take such action for specific information in advance of approval and the information remains in active use. (f) The duration of classification of a document classified by a derivative classifier using a classification guide shall not exceed 25 years from the date of the origin of the document, except for: (1) information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction; and (2) specific information incorporated into classification guides in accord- ance with section 2.2(e) of this order. PART 3—DECLASSIFICATION AND DOWNGRADING Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order. (b) Information shall be declassified or downgraded by: (1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority; (2) the originator’s current successor in function, if that individual has original classification authority; (3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; or (4) officials delegated declassification authority in writing by the agency head or the senior agency official of the originating agency. (c) The Director of National Intelligence (or, if delegated by the Director of National Intelligence, the Principal Deputy Director of National Intel- ligence) may, with respect to the Intelligence Community, after consultation with the head of the originating Intelligence Community element or depart- ment, declassify, downgrade, or direct the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities. (d) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some excep- tional cases, however, the need to protect such information may be out- weighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure. This provision does not: (1) amplify or modify the substantive criteria or procedures for classifica- tion; or (2) create any substantive or procedural rights subject to judicial review. (e) If the Director of the Information Security Oversight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the National Security Advisor. The information shall remain classified pending a prompt decision on the appeal. VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 714 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (f) The provisions of this section shall also apply to agencies that, under the terms of this order, do not have original classification authority, but had such authority under predecessor orders. (g) No information may be excluded from declassification under section 3.3 of this order based solely on the type of document or record in which it is found. Rather, the classified information must be considered on the basis of its content. (h) Classified nonrecord materials, including artifacts, shall be declassified as soon as they no longer meet the standards for classification under this order. (i) When making decisions under sections 3.3, 3.4, and 3.5 of this order, agencies shall consider the final decisions of the Panel. Sec. 3.2. Transferred Records. (a) In the case of classified records transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this order. (b) In the case of classified records that are not officially transferred as described in paragraph (a) of this section, but that originated in an agency that has ceased to exist and for which there is no successor agency, each agency in possession of such records shall be deemed to be the origi- nating agency for purposes of this order. Such records may be declassified or downgraded by the agency in possession of the records after consultation with any other agency that has an interest in the subject matter of the records. (c) Classified records accessioned into the National Archives shall be declassified or downgraded by the Archivist in accordance with this order, the directives issued pursuant to this order, agency declassification guides, and any existing procedural agreement between the Archivist and the relevant agency head. (d) The originating agency shall take all reasonable steps to declassify classified information contained in records determined to have permanent historical value before they are accessioned into the National Archives. However, the Archivist may require that classified records be accessioned into the National Archives when necessary to comply with the provisions of the Federal Records Act. This provision does not apply to records trans- ferred to the Archivist pursuant to section 2203 of title 44, United States Code, or records for which the National Archives serves as the custodian of the records of an agency or organization that has gone out of existence. (e) To the extent practicable, agencies shall adopt a system of records management that will facilitate the public release of documents at the time such documents are declassified pursuant to the provisions for automatic declassification in section 3.3 of this order. Sec. 3.3 Automatic Declassification. (a) Subject to paragraphs (b)–(d) and (g)–(j) of this section, all classified records that (1) are more than 25 years old and (2) have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed. All classified records shall be automatically declassified on December 31 of the year that is 25 years from the date of origin, except as provided in paragraphs (b)–(d) and (g)–(j) of this section. If the date of origin of an individual record cannot be readily determined, the date of original classification shall be used instead. (b) An agency head may exempt from automatic declassification under paragraph (a) of this section specific information, the release of which should clearly and demonstrably be expected to: (1) reveal the identity of a confidential human source, a human intelligence source, a relationship with an intelligence or security service of a foreign VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 715 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents government or international organization, or a nonhuman intelligence source; or impair the effectiveness of an intelligence method currently in use, available for use, or under development; (2) reveal information that would assist in the development, production, or use of weapons of mass destruction; (3) reveal information that would impair U.S. cryptologic systems or activi- ties; (4) reveal information that would impair the application of state-of-the- art technology within a U.S. weapon system; (5) reveal formally named or numbered U.S. military war plans that remain in effect, or reveal operational or tactical elements of prior plans that are contained in such active plans; (6) reveal information, including foreign government information, that would cause serious harm to relations between the United States and a foreign government, or to ongoing diplomatic activities of the United States; (7) reveal information that would impair the current ability of United States Government officials to protect the President, Vice President, and other protectees for whom protection services, in the interest of the national security, are authorized; (8) reveal information that would seriously impair current national security emergency preparedness plans or reveal current vulnerabilities of systems, installations, or infrastructures relating to the national security; or (9) violate a statute, treaty, or international agreement that does not permit the automatic or unilateral declassification of information at 25 years. (c)(1) An agency head shall notify the Panel of any specific file series of records for which a review or assessment has determined that the informa- tion within that file series almost invariably falls within one or more of the exemption categories listed in paragraph (b) of this section and that the agency proposes to exempt from automatic declassification at 25 years. (2) The notification shall include: (A) a description of the file series; (B) an explanation of why the information within the file series is almost invariably exempt from automatic declassification and why the information must remain classified for a longer period of time; and (C) except when the information within the file series almost invariably identifies a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, a specific date or event for declassification of the information, not to exceed December 31 of the year that is 50 years from the date of origin of the records. (3) The Panel may direct the agency not to exempt a designated file series or to declassify the information within that series at an earlier date than recommended. The agency head may appeal such a decision to the President through the National Security Advisor. (4) File series exemptions approved by the President prior to December 31, 2008, shall remain valid without any additional agency action pending Panel review by the later of December 31, 2010, or December 31 of the year that is 10 years from the date of previous approval. (d) The following provisions shall apply to the onset of automatic declas- sification: (1) Classified records within an integral file block, as defined in this order, that are otherwise subject to automatic declassification under this section shall not be automatically declassified until December 31 of the year that is 25 years from the date of the most recent record within the file block. VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 716 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (2) After consultation with the Director of the National Declassification Center (the Center) established by section 3.7 of this order and before the records are subject to automatic declassification, an agency head or senior agency official may delay automatic declassification for up to five additional years for classified information contained in media that make a review for possible declassification exemptions more difficult or costly. (3) Other than for records that are properly exempted from automatic declassification, records containing classified information that originated with other agencies or the disclosure of which would affect the interests or activities of other agencies with respect to the classified information and could reasonably be expected to fall under one or more of the exemp- tions in paragraph (b) of this section shall be identified prior to the onset of automatic declassification for later referral to those agencies. (A) The information of concern shall be referred by the Center established by section 3.7 of this order, or by the centralized facilities referred to in section 3.7(e) of this order, in a prioritized and scheduled manner determined by the Center. (B) If an agency fails to provide a final determination on a referral made by the Center within 1 year of referral, or by the centralized facilities referred to in section 3.7(e) of this order within 3 years of referral, its equities in the referred records shall be automatically declassified. (C) If any disagreement arises between affected agencies and the Center regarding the referral review period, the Director of the Information Secu- rity Oversight Office shall determine the appropriate period of review of referred records. (D) Referrals identified prior to the establishment of the Center by section 3.7 of this order shall be subject to automatic declassification only in accordance with subparagraphs (d)(3)(A)–(C) of this section. (4) After consultation with the Director of the Information Security Over- sight Office, an agency head may delay automatic declassification for up to 3 years from the date of discovery of classified records that were inadvertently not reviewed prior to the effective date of automatic declas- sification. (e) Information exempted from automatic declassification under this section shall remain subject to the mandatory and systematic declassification review provisions of this order. (f) The Secretary of State shall determine when the United States should commence negotiations with the appropriate officials of a foreign government or international organization of governments to modify any treaty or inter- national agreement that requires the classification of information contained in records affected by this section for a period longer than 25 years from the date of its creation, unless the treaty or international agreement pertains to information that may otherwise remain classified beyond 25 years under this section. (g) The Secretary of Energy shall determine when information concerning foreign nuclear programs that was removed from the Restricted Data category in order to carry out provisions of the National Security Act of 1947, as amended, may be declassified. Unless otherwise determined, such informa- tion shall be declassified when comparable information concerning the United States nuclear program is declassified. (h) Not later than 3 years from the effective date of this order, all records exempted from automatic declassification under paragraphs (b) and (c) of this section shall be automatically declassified on December 31 of a year that is no more than 50 years from the date of origin, subject to the following: (1) Records that contain information the release of which should clearly and demonstrably be expected to reveal the following are exempt from automatic declassification at 50 years: VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 717 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (A) the identity of a confidential human source or a human intelligence source; or (B) key design concepts of weapons of mass destruction. (2) In extraordinary cases, agency heads may, within 5 years of the onset of automatic declassification, propose to exempt additional specific infor- mation from declassification at 50 years. (3) Records exempted from automatic declassification under this paragraph shall be automatically declassified on December 31 of a year that is no more than 75 years from the date of origin unless an agency head, within 5 years of that date, proposes to exempt specific information from declas- sification at 75 years and the proposal is formally approved by the Panel. (i) Specific records exempted from automatic declassification prior to the establishment of the Center described in section 3.7 of this order shall be subject to the provisions of paragraph (h) of this section in a scheduled and prioritized manner determined by the Center. (j) At least 1 year before information is subject to automatic declassification under this section, an agency head or senior agency official shall notify the Director of the Information Security Oversight Office, serving as Executive Secretary of the Panel, of any specific information that the agency proposes to exempt from automatic declassification under paragraphs (b) and (h) of this section. (1) The notification shall include: (A) a detailed description of the information, either by reference to information in specific records or in the form of a declassification guide; (B) an explanation of why the information should be exempt from automatic declassification and must remain classified for a longer period of time; and (C) a specific date or a specific and independently verifiable event for automatic declassification of specific records that contain the informa- tion proposed for exemption. (2) The Panel may direct the agency not to exempt the information or to declassify it at an earlier date than recommended. An agency head may appeal such a decision to the President through the National Security Advisor. The information will remain classified while such an appeal is pending. (k) For information in a file series of records determined not to have permanent historical value, the duration of classification beyond 25 years shall be the same as the disposition (destruction) date of those records in each Agency Records Control Schedule or General Records Schedule, although the duration of classification shall be extended if the record has been retained for business reasons beyond the scheduled disposition date. Sec. 3.4. Systematic Declassification Review. (a) Each agency that has originated classified information under this order or its predecessors shall establish and conduct a program for systematic declassification review for records of permanent historical value exempted from automatic declassification under section 3.3 of this order. Agencies shall prioritize their review of such records in accordance with priorities established by the Center. (b) The Archivist shall conduct a systematic declassification review pro- gram for classified records: (1) accessioned into the National Archives; (2) transferred to the Archivist pursuant to 44 U.S.C. 2203; and (3) for which the National Archives serves as the custodian for an agency or organization that has gone out of existence. Sec. 3.5. Mandatory Declassification Review. (a) Except as provided in paragraph (b) of this section, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if: VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 718 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort; (2) the document or material containing the information responsive to the request is not contained within an operational file exempted from search and review, publication, and disclosure under 5 U.S.C. 552 in accordance with law; and (3) the information is not the subject of pending litigation. (b) Information originated by the incumbent President or the incumbent Vice President; the incumbent President’s White House Staff or the incumbent Vice President’s Staff; committees, commissions, or boards appointed by the incumbent President; or other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempt- ed from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents and Vice Presidents under the control of the Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist’s decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain classified pending a prompt decision on the appeal. (c) Agencies conducting a mandatory review for declassification shall de- classify information that no longer meets the standards for classification under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law. (d) If an agency has reviewed the requested information for declassification within the past 2 years, the agency need not conduct another review and may instead inform the requester of this fact and the prior review decision and advise the requester of appeal rights provided under subsection (e) of this section. (e) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classi- fied under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Panel. (f) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information; the Director of National Intelligence shall develop special procedures for the review of information pertaining to intelligence sources, methods, and activities; and the Archivist shall develop special procedures for the review of information accessioned into the National Archives. (g) Documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement are not covered by this section. (h) This section shall not apply to any request for a review made to an element of the Intelligence Community that is made by a person other than an individual as that term is defined by 5 U.S.C. 552a(a)(2), or by a foreign government entity or any representative thereof. Sec. 3.6. Processing Requests and Reviews. Notwithstanding section 4.1(i) of this order, in response to a request for information under the Freedom of Information Act, the Presidential Records Act, the Privacy Act of 1974, or the mandatory review provisions of this order: VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 719 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (a) An agency may refuse to confirm or deny the existence or nonexistence of requested records whenever the fact of their existence or nonexistence is itself classified under this order or its predecessors. (b) When an agency receives any request for documents in its custody that contain classified information that originated with other agencies or the disclosure of which would affect the interests or activities of other agencies with respect to the classified information, or identifies such docu- ments in the process of implementing sections 3.3 or 3.4 of this order, it shall refer copies of any request and the pertinent documents to the originating agency for processing and may, after consultation with the origi- nating agency, inform any requester of the referral unless such association is itself classified under this order or its predecessors. In cases in which the originating agency determines in writing that a response under paragraph (a) of this section is required, the referring agency shall respond to the requester in accordance with that paragraph. (c) Agencies may extend the classification of information in records deter- mined not to have permanent historical value or nonrecord materials, includ- ing artifacts, beyond the time frames established in sections 1.5(b) and 2.2(f) of this order, provided: (1) the specific information has been approved pursuant to section 3.3(j) of this order for exemption from automatic declassification; and (2) the extension does not exceed the date established in section 3.3(j) of this order. Sec. 3.7. National Declassification Center. (a) There is established within the National Archives a National Declassification Center to streamline declas- sification processes, facilitate quality-assurance measures, and implement standardized training regarding the declassification of records determined to have permanent historical value. There shall be a Director of the Center who shall be appointed or removed by the Archivist in consultation with the Secretaries of State, Defense, Energy, and Homeland Security, the Attor- ney General, and the Director of National Intelligence. (b) Under the administration of the Director, the Center shall coordinate: (1) timely and appropriate processing of referrals in accordance with sec- tion 3.3(d)(3) of this order for accessioned Federal records and transferred presidential records. (2) general interagency declassification activities necessary to fulfill the requirements of sections 3.3 and 3.4 of this order; (3) the exchange among agencies of detailed declassification guidance to enable the referral of records in accordance with section 3.3(d)(3) of this order; (4) the development of effective, transparent, and standard declassification work processes, training, and quality assurance measures; (5) the development of solutions to declassification challenges posed by electronic records, special media, and emerging technologies; (6) the linkage and effective utilization of existing agency databases and the use of new technologies to document and make public declassification review decisions and support declassification activities under the purview of the Center; and (7) storage and related services, on a reimbursable basis, for Federal records containing classified national security information. (c) Agency heads shall fully cooperate with the Archivist in the activities of the Center and shall: (1) provide the Director with adequate and current declassification guid- ance to enable the referral of records in accordance with section 3.3(d)(3) of this order; and (2) upon request of the Archivist, assign agency personnel to the Center who shall be delegated authority by the agency head to review and exempt VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 720 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents or declassify information originated by their agency contained in records accessioned into the National Archives, after consultation with subject- matter experts as necessary. (d) The Archivist, in consultation with representatives of the participants in the Center and after input from the general public, shall develop priorities for declassification activities under the purview of the Center that take into account the degree of researcher interest and the likelihood of declas- sification. (e) Agency heads may establish such centralized facilities and internal operations to conduct internal declassification reviews as appropriate to achieve optimized records management and declassification business proc- esses. Once established, all referral processing of accessioned records shall take place at the Center, and such agency facilities and operations shall be coordinated with the Center to ensure the maximum degree of consistency in policies and procedures that relate to records determined to have perma- nent historical value. (f) Agency heads may exempt from automatic declassification or continue the classification of their own originally classified information under section 3.3(a) of this order except that in the case of the Director of National Intelligence, the Director shall also retain such authority with respect to the Intelligence Community. (g) The Archivist shall, in consultation with the Secretaries of State, De- fense, Energy, and Homeland Security, the Attorney General, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Director of the Information Security Oversight Office, provide the National Security Advisor with a detailed concept of operations for the Center and a proposed implementing directive under section 5.1 of this order that reflects the coordinated views of the aforementioned agencies. PART 4—SAFEGUARDING Sec. 4.1. General Restrictions on Access. (a) A person may have access to classified information provided that: (1) a favorable determination of eligibility for access has been made by an agency head or the agency head’s designee; (2) the person has signed an approved nondisclosure agreement; and (3) the person has a need-to-know the information. (b) Every person who has met the standards for access to classified informa- tion in paragraph (a) of this section shall receive contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure. (c) An official or employee leaving agency service may not remove classi- fied information from the agency’s control or direct that information be declassified in order to remove it from agency control. (d) Classified information may not be removed from official premises without proper authorization. (e) Persons authorized to disseminate classified information outside the executive branch shall ensure the protection of the information in a manner equivalent to that provided within the executive branch. (f) Consistent with law, executive orders, directives, and regulations, an agency head or senior agency official or, with respect to the Intelligence Community, the Director of National Intelligence, shall establish uniform procedures to ensure that automated information systems, including networks and telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store classified information: (1) prevent access by unauthorized persons; (2) ensure the integrity of the information; and VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 721 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (3) to the maximum extent practicable, use: (A) common information technology standards, protocols, and interfaces that maximize the availability of, and access to, the information in a form and manner that facilitates its authorized use; and (B) standardized electronic formats to maximize the accessibility of infor- mation to persons who meet the criteria set forth in section 4.1(a) of this order. (g) Consistent with law, executive orders, directives, and regulations, each agency head or senior agency official, or with respect to the Intelligence Community, the Director of National Intelligence, shall establish controls to ensure that classified information is used, processed, stored, reproduced, transmitted, and destroyed under conditions that provide adequate protection and prevent access by unauthorized persons. (h) Consistent with directives issued pursuant to this order, an agency shall safeguard foreign government information under standards that provide a degree of protection at least equivalent to that required by the government or international organization of governments that furnished the information. When adequate to achieve equivalency, these standards may be less restrictive than the safeguarding standards that ordinarily apply to U.S. ‘‘Confidential’’ information, including modified handling and transmission and allowing access to individuals with a need-to-know who have not otherwise been cleared for access to classified information or executed an approved non- disclosure agreement. (i)(1) Classified information originating in one agency may be disseminated to another agency or U.S. entity by any agency to which it has been made available without the consent of the originating agency, as long as the criteria for access under section 4.1(a) of this order are met, unless the originating agency has determined that prior authorization is required for such dissemination and has marked or indicated such requirement on the medium containing the classified information in accordance with imple- menting directives issued pursuant to this order. (2) Classified information originating in one agency may be disseminated by any other agency to which it has been made available to a foreign government in accordance with statute, this order, directives implementing this order, direction of the President, or with the consent of the originating agency. For the purposes of this section, ‘‘foreign government’’ includes any element of a foreign government, or an international organization of governments, or any element thereof. (3) Documents created prior to the effective date of this order shall not be disseminated outside any other agency to which they have been made available without the consent of the originating agency. An agency head or senior agency official may waive this requirement for specific informa- tion that originated within that agency. (4) For purposes of this section, the Department of Defense shall be consid- ered one agency, except that any dissemination of information regarding intelligence sources, methods, or activities shall be consistent with direc- tives issued pursuant tosection 6.2(b) of this order. (5) Prior consent of the originating agency is not required when referring records for declassification review that contain information originating in more than one agency. Sec. 4.2 Distribution Controls. (a) The head of each agency shall establish procedures in accordance with applicable law and consistent with directives issued pursuant to this order to ensure that classified information is accessible to the maximum extent possible by individuals who meet the criteria set forth in section 4.1(a) of this order. (b) In an emergency, when necessary to respond to an imminent threat to life or in defense of the homeland, the agency head or any designee VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 722 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents may authorize the disclosure of classified information (including information marked pursuant to section 4.1(i)(1) of this order) to an individual or individ- uals who are otherwise not eligible for access. Such actions shall be taken only in accordance with directives implementing this order and any proce- dure issued by agencies governing the classified information, which shall be designed to minimize the classified information that is disclosed under these circumstances and the number of individuals who receive it. Informa- tion disclosed under this provision or implementing directives and proce- dures shall not be deemed declassified as a result of such disclosure or subsequent use by a recipient. Such disclosures shall be reported promptly to the originator of the classified information. For purposes of this section, the Director of National Intelligence may issue an implementing directive governing the emergency disclosure of classified intelligence information. (c) Each agency shall update, at least annually, the automatic, routine, or recurring distribution mechanism for classified information that it distrib- utes. Recipients shall cooperate fully with distributors who are updating distribution lists and shall notify distributors whenever a relevant change in status occurs. Sec. 4.3. Special Access Programs. (a) Establishment of special access pro- grams. Unless otherwise authorized by the President, only the Secretaries of State, Defense, Energy, and Homeland Security, the Attorney General, and the Director of National Intelligence, or the principal deputy of each, may create a special access program. For special access programs pertaining to intelligence sources, methods, and activities (but not including military operational, strategic, and tactical programs), this function shall be exercised by the Director of National Intelligence. These officials shall keep the number of these programs at an absolute minimum, and shall establish them only when the program is required by statute or upon a specific finding that: (1) the vulnerability of, or threat to, specific information is exceptional; and (2) the normal criteria for determining eligibility for access applicable to information classified at the same level are not deemed sufficient to protect the information from unauthorized disclosure. (b) Requirements and limitations. (1) Special access programs shall be limited to programs in which the number of persons who ordinarily will have access will be reasonably small and commensurate with the objective of providing enhanced protec- tion for the information involved. (2) Each agency head shall establish and maintain a system of accounting for special access programs consistent with directives issued pursuant to this order. (3) Special access programs shall be subject to the oversight program established under section 5.4(d) of this order. In addition, the Director of the Information Security Oversight Office shall be afforded access to these programs, in accordance with the security requirements of each program, in order to perform the functions assigned to the Information Security Oversight Office under this order. An agency head may limit access to a special access program to the Director of the Information Security Oversight Office and no more than one other employee of the Information Security Oversight Office or, for special access programs that are extraordinarily sensitive and vulnerable, to the Director only. (4) The agency head or principal deputy shall review annually each special access program to determine whether it continues to meet the requirements of this order. (5) Upon request, an agency head shall brief the National Security Advisor, or a designee, on any or all of the agency’s special access programs. (6) For the purposes of this section, the term ‘‘agency head’’ refers only to the Secretaries of State, Defense, Energy, and Homeland Security, the VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 723 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents Attorney General, and the Director of National Intelligence, or the principal deputy of each. (c) Nothing in this order shall supersede any requirement made by or under 10 U.S.C. 119. Sec. 4.4. Access by Historical Researchers and Certain Former Government Personnel. (a) The requirement in section 4.1(a)(3) of this order that access to classified information may be granted only to individuals who have a need-to-know the information may be waived for persons who: (1) are engaged in historical research projects; (2) previously have occupied senior policy-making positions to which they were appointed or designated by the President or the Vice President; or (3) served as President or Vice President. (b) Waivers under this section may be granted only if the agency head or senior agency official of the originating agency: (1) determines in writing that access is consistent with the interest of the national security; (2) takes appropriate steps to protect classified information from unauthor- ized disclosure or compromise, and ensures that the information is safe- guarded in a manner consistent with this order; and (3) limits the access granted to former Presidential appointees or designees and Vice Presidential appointees or designees to items that the person originated, reviewed, signed, or received while serving as a Presidential or Vice Presidential appointee or designee. PART 5—IMPLEMENTATION AND REVIEW Sec. 5.1. Program Direction. (a) The Director of the Information Security Oversight Office, under the direction of the Archivist and in consultation with the National Security Advisor, shall issue such directives as are nec- essary to implement this order. These directives shall be binding on the agencies. Directives issued by the Director of the Information Security Over- sight Office shall establish standards for: (1) classification, declassification, and marking principles; (2) safeguarding classified information, which shall pertain to the handling, storage, distribution, transmittal, and destruction of and accounting for classified information; (3) agency security education and training programs; (4) agency self-inspection programs; and (5) classification and declassification guides. (b) The Archivist shall delegate the implementation and monitoring func- tions of this program to the Director of the Information Security Oversight Office. (c) The Director of National Intelligence, after consultation with the heads of affected agencies and the Director of the Information Security Oversight Office, may issue directives to implement this order with respect to the protection of intelligence sources, methods, and activities. Such directives shall be consistent with this order and directives issued under paragraph (a) of this section. Sec. 5.2. Information Security Oversight Office. (a) There is established within the National Archives an Information Security Oversight Office. The Archivist shall appoint the Director of the Information Security Oversight Office, sub- ject to the approval of the President. (b) Under the direction of the Archivist, acting in consultation with the National Security Advisor, the Director of the Information Security Oversight Office shall: (1) develop directives for the implementation of this order; VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 724 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (2) oversee agency actions to ensure compliance with this order and its implementing directives; (3) review and approve agency implementing regulations prior to their issuance to ensure their consistency with this order and directives issued under section 5.1(a) of this order; (4) have the authority to conduct on-site reviews of each agency’s program established under this order, and to require of each agency those reports and information and other cooperation that may be necessary to fulfill its responsibilities. If granting access to specific categories of classified information would pose an exceptional national security risk, the affected agency head or the senior agency official shall submit a written justification recommending the denial of access to the President through the National Security Advisor within 60 days of the request for access. Access shall be denied pending the response; (5) review requests for original classification authority from agencies or officials not granted original classification authority and, if deemed appro- priate, recommend Presidential approval through the National Security Advisor; (6) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the program established under this order; (7) have the authority to prescribe, after consultation with affected agencies, standardization of forms or procedures that will promote the implementa- tion of the program established under this order; (8) report at least annually to the President on the implementation of this order; and (9) convene and chair interagency meetings to discuss matters pertaining to the program established by this order. Sec. 5.3. Interagency Security Classification Appeals Panel. (a) Establishment and administration. (1) There is established an Interagency Security Classification Appeals Panel. The Departments of State, Defense, and Justice, the National Ar- chives, the Office of the Director of National Intelligence, and the National Security Advisor shall each be represented by a senior-level representative who is a full-time or permanent part-time Federal officer or employee designated to serve as a member of the Panel by the respective agency head. The President shall designate a Chair from among the members of the Panel. (2) Additionally, the Director of the Central Intelligence Agency may ap- point a temporary representative who meets the criteria in paragraph (a)(1) of this section to participate as a voting member in all Panel delibera- tions and associated support activities concerning classified information originated by the Central Intelligence Agency. (3) A vacancy on the Panel shall be filled as quickly as possible as provided in paragraph (a)(1) of this section. (4) The Director of the Information Security Oversight Office shall serve as the Executive Secretary of the Panel. The staff of the Information Security Oversight Office shall provide program and administrative support for the Panel. (5) The members and staff of the Panel shall be required to meet eligibility for access standards in order to fulfill the Panel’s functions. (6) The Panel shall meet at the call of the Chair. The Chair shall schedule meetings as may be necessary for the Panel to fulfill its functions in a timely manner. (7) The Information Security Oversight Office shall include in its reports to the President a summary of the Panel’s activities. VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 725 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (b) Functions. The Panel shall: (1) decide on appeals by persons who have filed classification challenges under section 1.8 of this order; (2) approve, deny, or amend agency exemptions from automatic declas- sification as provided in section 3.3 of this order; (3) decide on appeals by persons or entities who have filed requests for mandatory declassification review under section 3.5 of this order; and (4) appropriately inform senior agency officials and the public of final Panel decisions on appeals under sections 1.8 and 3.5 of this order. (c) Rules and procedures. The Panel shall issue bylaws, which shall be published in the Federal Register. The bylaws shall establish the rules and procedures that the Panel will follow in accepting, considering, and issuing decisions on appeals. The rules and procedures of the Panel shall provide that the Panel will consider appeals only on actions in which: (1) the appellant has exhausted his or her administrative remedies within the responsible agency; (2) there is no current action pending on the issue within the Federal courts; and (3) the information has not been the subject of review by the Federal courts or the Panel within the past 2 years. (d) Agency heads shall cooperate fully with the Panel so that it can fulfill its functions in a timely and fully informed manner. The Panel shall report to the President through the National Security Advisor any instance in which it believes that an agency head is not cooperating fully with the Panel. (e) The Panel is established for the sole purpose of advising and assisting the President in the discharge of his constitutional and discretionary authority to protect the national security of the United States. Panel decisions are committed to the discretion of the Panel, unless changed by the President. (f) An agency head may appeal a decision of the Panel to the President through the National Security Advisor. The information shall remain classi- fied pending a decision on the appeal. Sec. 5.4. General Responsibilities. Heads of agencies that originate or handle classified information shall: (a) demonstrate personal commitment and commit senior management to the successful implementation of the program established under this order; (b) commit necessary resources to the effective implementation of the program established under this order; (c) ensure that agency records systems are designed and maintained to optimize the appropriate sharing and safeguarding of classified information, and to facilitate its declassification under the terms of this order when it no longer meets the standards for continued classification; and (d) designate a senior agency official to direct and administer the program, whose responsibilities shall include: (1) overseeing the agency’s program established under this order, provided an agency head may designate a separate official to oversee special access programs authorized under this order. This official shall provide a full accounting of the agency’s special access programs at least annually; (2) promulgating implementing regulations, which shall be published in the Federal Register to the extent that they affect members of the public; (3) establishing and maintaining security education and training programs; (4) establishing and maintaining an ongoing self-inspection program, which shall include the regular reviews of representative samples of the agency’s VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 726 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents original and derivative classification actions, and shall authorize appro- priate agency officials to correct misclassification actions not covered by sections 1.7(c) and 1.7(d) of this order; and reporting annually to the Director of the Information Security Oversight Office on the agency’s self- inspection program; (5) establishing procedures consistent with directives issued pursuant to this order to prevent unnecessary access to classified information, including procedures that: (A) require that a need for access to classified information be established before initiating administrative clearance procedures; and (B) ensure that the number of persons granted access to classified infor- mation meets the mission needs of the agency while also satisfying oper- ational and security requirements and needs; (6) developing special contingency plans for the safeguarding of classified information used in or near hostile or potentially hostile areas; (7) ensuring that the performance contract or other system used to rate civilian or military personnel performance includes the designation and management of classified information as a critical element or item to be evaluated in the rating of: (A) original classification authorities; (B) security managers or security specialists; and (C) all other personnel whose duties significantly involve the creation or handling of classified information, including personnel who regularly apply derivative classification markings; (8) accounting for the costs associated with the implementation of this order, which shall be reported to the Director of the Information Security Oversight Office for publication; (9) assigning in a prompt manner agency personnel to respond to any request, appeal, challenge, complaint, or suggestion arising out of this order that pertains to classified information that originated in a component of the agency that no longer exists and for which there is no clear successor in function; and (10) establishing a secure capability to receive information, allegations, or complaints regarding over-classification or incorrect classification within the agency and to provide guidance to personnel on proper classification as needed. Sec. 5.5. Sanctions. (a) If the Director of the Information Security Oversight Office finds that a violation of this order or its implementing directives has occurred, the Director shall make a report to the head of the agency or to the senior agency official so that corrective steps, if appropriate, may be taken. (b) Officers and employees of the United States Government, and its contractors, licensees, certificate holders, and grantees shall be subject to appropriate sanctions if they knowingly, willfully, or negligently: (1) disclose to unauthorized persons information properly classified under this order or predecessor orders; (2) classify or continue the classification of information in violation of this order or any implementing directive; (3) create or continue a special access program contrary to the requirements of this order; or (4) contravene any other provision of this order or its implementing direc- tives. (c) Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation. VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00022 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 727 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (d) The agency head, senior agency official, or other supervisory official shall, at a minimum, promptly remove the classification authority of any individual who demonstrates reckless disregard or a pattern of error in applying the classification standards of this order. (e) The agency head or senior agency official shall: (1) take appropriate and prompt corrective action when a violation or infraction under paragraph (b) of this section occurs; and (2) notify the Director of the Information Security Oversight Office when a violation under paragraph (b)(1), (2), or (3) of this section occurs. PART 6—GENERAL PROVISIONS Sec. 6.1. Definitions. For purposes of this order: (a) ‘‘Access’’ means the ability or opportunity to gain knowledge of classi- fied information. (b) ‘‘Agency’’ means any ‘‘Executive agency,’’ as defined in 5 U.S.C. 105; any ‘‘Military department’’ as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information. (c) ‘‘Authorized holder’’ of classified information means anyone who satis- fies the conditions for access stated in section 4.1(a) of this order. (d) ‘‘Automated information system’’ means an assembly of computer hard- ware, software, or firmware configured to collect, create, communicate, com- pute, disseminate, process, store, or control data or information. (e) ‘‘Automatic declassification’’ means the declassification of information based solely upon: (1) the occurrence of a specific date or event as determined by the original classification authority; or (2) the expiration of a maximum time frame for duration of classification established under this order. (f) ‘‘Classification’’ means the act or process by which information is determined to be classified information. (g) ‘‘Classification guidance’’ means any instruction or source that pre- scribes the classification of specific information. (h) ‘‘Classification guide’’ means a documentary form of classification guidance issued by an original classification authority that identifies the elements of information regarding a specific subject that must be classified and establishes the level and duration of classification for each such element. (i) ‘‘Classified national security information’’ or ‘‘classified information’’ means information that has been determined pursuant to this order or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. (j) ‘‘Compilation’’ means an aggregation of preexisting unclassified items of information. (k) ‘‘Confidential source’’ means any individual or organization that has provided, or that may reasonably be expected to provide, information to the United States on matters pertaining to the national security with the expectation that the information or relationship, or both, are to be held in confidence. (l) ‘‘Damage to the national security’’ means harm to the national defense or foreign relations of the United States from the unauthorized disclosure of information, taking into consideration such aspects of the information as the sensitivity, value, utility, and provenance of that information. (m) ‘‘Declassification’’ means the authorized change in the status of infor- mation from classified information to unclassified information. (n) ‘‘Declassification guide’’ means written instructions issued by a declas- sification authority that describes the elements of information regarding VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 728 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents a specific subject that may be declassified and the elements that must remain classified. (o) ‘‘Derivative classification’’ means the incorporating, paraphrasing, re- stating, or generating in new form information that is already classified, and marking the newly developed material consistent with the classification markings that apply to the source information. Derivative classification in- cludes the classification of information based on classification guidance. The duplication or reproduction of existing classified information is not derivative classification. (p) ‘‘Document’’ means any recorded information, regardless of the nature of the medium or the method or circumstances of recording. (q) ‘‘Downgrading’’ means a determination by a declassification authority that information classified and safeguarded at a specified level shall be classified and safeguarded at a lower level. (r) ‘‘File series’’ means file units or documents arranged according to a filing system or kept together because they relate to a particular subject or function, result from the same activity, document a specific kind of transaction, take a particular physical form, or have some other relationship arising out of their creation, receipt, or use, such as restrictions on access or use. (s) ‘‘Foreign government information’’ means: (1) information provided to the United States Government by a foreign government or governments, an international organization of governments, or any element thereof, with the expectation that the information, the source of the information, or both, are to be held in confidence; (2) information produced by the United States Government pursuant to or as a result of a joint arrangement with a foreign government or govern- ments, or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence; or (3) information received and treated as ‘‘foreign government information’’ under the terms of a predecessor order. (t) ‘‘Information’’ means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government. (u) ‘‘Infraction’’ means any knowing, willful, or negligent action contrary to the requirements of this order or its implementing directives that does not constitute a ‘‘violation,’’ as defined below. (v) ‘‘Integral file block’’ means a distinct component of a file series, as defined in this section, that should be maintained as a separate unit in order to ensure the integrity of the records. An integral file block may consist of a set of records covering either a specific topic or a range of time, such as a Presidential administration or a 5-year retirement schedule within a specific file series that is retired from active use as a group. For purposes of automatic declassification, integral file blocks shall contain only records dated within 10 years of the oldest record in the file block. (w) ‘‘Integrity’’ means the state that exists when information is unchanged from its source and has not been accidentally or intentionally modified, altered, or destroyed. (x) ‘‘Intelligence’’ includes foreign intelligence and counterintelligence as defined by Executive Order 12333 of December 4, 1981, as amended, or by a successor order. (y) ‘‘Intelligence activities’’ means all activities that elements of the Intel- ligence Community are authorized to conduct pursuant to law or Executive Order 12333, as amended, or a successor order. VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 729 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (z) ‘‘Intelligence Community’’ means an element or agency of the U.S. Government identified in or designated pursuant to section 3(4) of the Na- tional Security Act of 1947, as amended, or section 3.5(h) of Executive Order 12333, as amended. (aa) ‘‘Mandatory declassification review’’ means the review for declassifica- tion of classified information in response to a request for declassification that meets the requirements under section 3.5 of this order. (bb) ‘‘Multiple sources’’ means two or more source documents, classifica- tion guides, or a combination of both. (cc) ‘‘National security’’ means the national defense or foreign relations of the United States. (dd) ‘‘Need-to-know’’ means a determination within the executive branch in accordance with directives issued pursuant to this order that a prospective recipient requires access to specific classified information in order to perform or assist in a lawful and authorized governmental function. (ee) ‘‘Network’’ means a system of two or more computers that can ex- change data or information. (ff) ‘‘Original classification’’ means an initial determination that informa- tion requires, in the interest of the national security, protection against unauthorized disclosure. (gg) ‘‘Original classification authority’’ means an individual authorized in writing, either by the President, the Vice President, or by agency heads or other officials designated by the President, to classify information in the first instance. (hh) ‘‘Records’’ means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency’s control under the terms of the contract, license, certificate, or grant. (ii) ‘‘Records having permanent historical value’’ means Presidential papers or Presidential records and the records of an agency that the Archivist has determined should be maintained permanently in accordance with title 44, United States Code. (jj) ‘‘Records management’’ means the planning, controlling, directing, orga- nizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposi- tion in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and economical management of agency operations. (kk) ‘‘Safeguarding’’ means measures and controls that are prescribed to protect classified information. (ll) ‘‘Self-inspection’’ means the internal review and evaluation of indi- vidual agency activities and the agency as a whole with respect to the implementation of the program established under this order and its imple- menting directives. (mm) ‘‘Senior agency official’’ means the official designated by the agency head under section 5.4(d) of this order to direct and administer the agency’s program under which information is classified, safeguarded, and declassified. (nn) ‘‘Source document’’ means an existing document that contains classi- fied information that is incorporated, paraphrased, restated, or generated in new form into a new document. (oo) ‘‘Special access program’’ means a program established for a specific class of classified information that imposes safeguarding and access require- ments that exceed those normally required for information at the same classification level. VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 730 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents (pp) ‘‘Systematic declassification review’’ means the review for declassifica- tion of classified information contained in records that have been determined by the Archivist to have permanent historical value in accordance with title 44, United States Code. (qq) ‘‘Telecommunications’’ means the preparation, transmission, or com- munication of information by electronic means. (rr) ‘‘Unauthorized disclosure’’ means a communication or physical transfer of classified information to an unauthorized recipient. (ss) ‘‘U.S. entity’’ includes: (1) State, local, or tribal governments; (2) State, local, and tribal law enforcement and firefighting entities; (3) public health and medical entities; (4) regional, state, local, and tribal emergency management entities, includ- ing State Adjutants General and other appropriate public safety entities; or (5) private sector entities serving as part of the nation’s Critical Infrastruc- ture/Key Resources. (tt) ‘‘Violation’’ means: (1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information; (2) any knowing, willful, or negligent action to classify or continue the classification of information contrary to the requirements of this order or its implementing directives; or (3) any knowing, willful, or negligent action to create or continue a special access program contrary to the requirements of this order. (uu) ‘‘Weapons of mass destruction’’ means any weapon of mass destruction as defined in 50 U.S.C. 1801(p). Sec. 6.2. General Provisions. (a) Nothing in this order shall supersede any requirement made by or under the Atomic Energy Act of 1954, as amended, or the National Security Act of 1947, as amended. ‘‘Restricted Data’’ and ‘‘Formerly Restricted Data’’ shall be handled, protected, classified, down- graded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that Act. (b) The Director of National Intelligence may, with respect to the Intel- ligence Community and after consultation with the heads of affected depart- ments and agencies, issue such policy directives and guidelines as the Director of National Intelligence deems necessary to implement this order with respect to the classification and declassification of all intelligence and intelligence-related information, and for access to and dissemination of all intelligence and intelligence-related information, both in its final form and in the form when initially gathered. Procedures or other guidance issued by Intelligence Community element heads shall be in accordance with such policy directives or guidelines issued by the Director of National Intelligence. Any such policy directives or guidelines issued by the Director of National Intelligence shall be in accordance with directives issued by the Director of the Information Security Oversight Office under section 5.1(a) of this order. (c) The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall render an interpretation of this order with respect to any question arising in the course of its administration. (d) Nothing in this order limits the protection afforded any information by other provisions of law, including the Constitution, Freedom of Informa- tion Act exemptions, the Privacy Act of 1974, and the National Security Act of 1947, as amended. This order is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 731 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents by a party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The foregoing is in addition to the specific provisos set forth in sections 1.1(b), 3.1(c) and 5.3(e) of this order. (e) Nothing in this order shall be construed to obligate action or otherwise affect functions by the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (f) This order shall be implemented subject to the availability of appropria- tions. (g) Executive Order 12958 of April 17, 1995, and amendments thereto, including Executive Order 13292 of March 25, 2003, are hereby revoked as of the effective date of this order. Sec. 6.3. Effective Date. This order is effective 180 days from the date of this order, except for sections 1.7, 3.3, and 3.7, which are effective immediately. Sec. 6.4. Publication. The Archivist of the United States shall publish this Executive Order in the Federal Register. THE WHITE HOUSE, December 29, 2010. [FR Doc. E9–31418 Filed 1–4–10; 11:15 am] Billing code 7515–01–P VerDate Nov<24>2008 17:28 Jan 04, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Classified National Security Information

2009-12-29T00:00:00

2a5a450c539c1fa5a90b16348af121ba0ec6838ae922b15b1390844d52a1db5b

Presidential Executive Order

E9-30020 (13523)

Presidential Documents 66563 Federal Register Vol. 74, No. 240 Wednesday, December 16, 2009 Title 3— The President Executive Order 15323 of December 11, 2009 Half-Day Closing of Executive Departments and Agencies on Thursday, December 24, 2009 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 for the last half of the scheduled workday on Thursday, December 24, 2009, the day before Christmas Day, except as provided 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 remain on duty for the full scheduled workday on December 24, 2009, for reasons of national security, defense, or other public need. Sec. 3. Thursday, December 24, 2009, 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. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, December 11, 2009. [FR Doc. E9–30020 Filed 12–15–09; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 07:52 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 OB#1.EPS</GPH> WReier-Aviles on DSKGBLS3C1PROD with NOTICES6

Half-Day Closing of Executive Departments and Agencies on Thursday, December 24, 2009

2009-12-11T00:00:00

40ab9bbe35861c0cdf60b79703ddab4345095acd6e54a7f51547bab6e600c07f

Presidential Executive Order

E9-28805 (13521)

Presidential Documents 62671 Federal Register Vol. 74, No. 228 Monday, November 30, 2009 Title 3— The President Executive Order 13521 of November 24, 2009 Establishing the Presidential Commission for the Study of Bioethical Issues By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. There is established within the Department of Health and Human Services the Presidential Commission for the Study of Bioethical Issues (Commission). Sec. 2. Mission. (a) The Commission shall advise the President on bioethical issues that may emerge as a consequence of advances in biomedicine and related areas of science and technology. The Commission shall pursue its work with the goal of identifying and promoting policies and practices that ensure scientific research, healthcare delivery, and technological innovation are conducted in an ethically responsible manner. To achieve this goal, the Commission shall: (i) identify and examine specific bioethical, legal, and social issues related to the potential impacts of advances in biomedical and behavioral research, healthcare delivery, or other areas of science and technology; (ii) recommend any legal, regulatory, or policy actions it deems appropriate to address these issues; and (iii) critically examine diverse perspectives and explore possibilities for useful international collaboration on these issues. (b) In support of its mission, the Commission may examine issues linked to specific technologies, including but not limited to the creation of stem cells by novel means; intellectual property issues involving genetic sequenc- ing, biomarkers, and other screening tests used for risk assessment; and the application of neuro- and robotic sciences. It may also examine broader issues not linked to specific technologies, including but not limited to the protection of human research participants; scientific integrity and conflicts of interest in research; and the intersection of science and human rights. (c) The Commission shall not be responsible for the review and approval of specific projects. (d) The Commission may accept suggestions of issues for consideration from executive departments and agencies and the public as it deems appro- priate in support of its mission. (e) In establishing priorities for its activities, the Commission shall consider, among other things, the significance of particular issues; the need for legal, regulatory, and policy guidance with respect to such issues; the connection of the issues to the goal of Federal advancement of science and technology; and the availability of other appropriate entities or fora for deliberating on the issues. (f) The Commission is authorized to conduct original empirical and concep- tual research, commission papers and studies, hold hearings, and establish committees and subcommittees, as necessary. The Commission is authorized to develop reports or other materials. Sec. 3. Membership. VerDate Nov<24>2008 17:37 Nov 27, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\30NOE0.SGM 30NOE0 hsrobinson on DSK69SOYB1PROD with PROPOSALS 62672 Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Presidential Documents (a) The Commission shall be an expert panel composed of not more than 13 members appointed by the President, drawn from the fields of bioethics, science, medicine, technology, engineering, law, philosophy, theology, or other areas of the humanities or social sciences, at least one and not more than three of whom may be bioethicists or scientists drawn from the executive branch, as designated by the President. (b) The President shall designate a Chair and Vice Chair from among the members of the Commission. The Chair shall convene and preside at meetings of the Commission, determine its agenda, and direct its work. The Vice Chair shall perform the duties of the Chair in the absence or disability of the Chair and shall perform such other functions as the Chair may from time to time assign. (c) Members shall serve for a term of 2 years and shall be eligible for reappointment. Members may continue to serve after the expiration of their terms until the appointment of a successor. Sec. 4. Administration. (a) The Department of Health and Human Services shall provide funding and administrative support for the Commission to the extent permitted by law and within existing appropriations. (b) All executive departments and agencies and all entities within the Execu- tive Office of the President shall provide information and assistance to the Commission as the Chair may request for purposes of carrying out the Commission’s functions, to the extent permitted by law. (c) The Commission shall have a staff headed by an Executive Director, who shall be appointed by the Secretary of Health and Human Services in consultation with the Chair and Vice Chair. (d) 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 Government service (5 U.S.C. 5701–5707), consistent with the availability of funds. Sec. 5. Termination. The Commission shall terminate 2 years after the date of this order unless extended by the President. Sec. 6. General Provisions. (a) This order supersedes Executive Order 13237 of November 28, 2001. (b) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Commission, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary of Health and Human Services in accordance with the guide- lines that have been issued by the Administrator of General Services. (c) 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. (d) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Nov<24>2008 17:40 Nov 27, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\30NOE0.SGM 30NOE0 hsrobinson on DSK69SOYB1PROD with PROPOSALS 62673 Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Presidential Documents (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, November 24, 2009. [FR Doc. E9–28805 Filed 11–27–09; 11:15 am] Billing code 3195–W0–P VerDate Nov<24>2008 17:40 Nov 27, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\30NOE0.SGM 30NOE0 OB#1.EPS</GPH> hsrobinson on DSK69SOYB1PROD with PROPOSALS

Establishing the Presidential Commission for the Study of Bioethical Issues

2009-11-24T00:00:00

e163b560cb8f737edc644a45fe23e607cb801a4270f4fdaa2d5cc344bac6120e

Presidential Executive Order

E9-28022 (13519)

Presidential Documents 60123 Federal Register Vol. 74, No. 222 Thursday, November 19, 2009 Title 3— The President Executive Order 13519 of November 17, 2009 Establishment of the Financial Fraud Enforcement Task Force By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the efforts of the Department of Justice, in conjunction with Federal, State, tribal, territorial, and local agencies, to investigate and prosecute significant finan- cial crimes and other violations relating to the current financial crisis and economic recovery efforts, recover the proceeds of such crimes and violations, and ensure just and effective punishment of those who perpetrate financial crimes and violations, it is hereby ordered as follows: Section 1. Establishment. There is hereby established an interagency Finan- cial Fraud Enforcement Task Force (Task Force) led by the Department of Justice. Sec. 2. Membership and Operation. The Task Force shall be chaired by the Attorney General and consist of senior-level officials from the following departments, agencies, and offices, selected by the heads of the respective departments, agencies, and offices in consultation with the Attorney General: (a) the Department of Justice; (b) the Department of the Treasury; (c) the Department of Commerce; (d) the Department of Labor; (e) the Department of Housing and Urban Development; (f) the Department of Education; (g) the Department of Homeland Security; (h) the Securities and Exchange Commission; (i) the Commodity Futures Trading Commission; (j) the Federal Trade Commission; (k) the Federal Deposit Insurance Corporation; (l) the Board of Governors of the Federal Reserve System; (m) the Federal Housing Finance Agency; (n) the Office of Thrift Supervision; (o) the Office of the Comptroller of the Currency; (p) the Small Business Administration; (q) the Federal Bureau of Investigation; (r) the Social Security Administration; (s) the Internal Revenue Service, Criminal Investigations; (t) the Financial Crimes Enforcement Network; (u) the United States Postal Inspection Service; (v) the United States Secret Service; (w) the United States Immigration and Customs Enforcement; (x) relevant Offices of Inspectors General and related Federal entities, including without limitation the Office of the Inspector General for the VerDate Nov<24>2008 12:15 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\19NOE0.SGM 19NOE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 60124 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Presidential Documents Department of Housing and Urban Development, the Recovery Account- ability and Transparency Board, and the Office of the Special Inspector General for the Troubled Asset Relief Program; and (y) such other executive branch departments, agencies, or offices as the President may, from time to time, designate or that the Attorney General may invite. The Attorney General shall convene and, through the Deputy Attorney Gen- eral, direct the work of the Task Force in fulfilling all its functions under this order. The Attorney General shall convene the first meeting of the Task Force within 30 days of the date of this order and shall thereafter convene the Task Force at such times as he deems appropriate. At the direction of the Attorney General, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees under this section, including but not limited to a Steering Committee chaired by the Deputy Attorney General, and subcommittees addressing enforcement efforts, training and information sharing, and victims’ rights, as the Attorney General deems appropriate. Sec. 3. Mission and Functions. Consistent with the authorities assigned to the Attorney General by law, and other applicable law, the Task Force shall: (a) provide advice to the Attorney General for the investigation and pros- ecution of cases of bank, mortgage, loan, and lending fraud; securities and commodities fraud; retirement plan fraud; mail and wire fraud; tax crimes; money laundering; False Claims Act violations; unfair competition; discrimination; and other financial crimes and violations (hereinafter finan- cial crimes and violations), when such cases are determined by the Attor- ney General, for purposes of this order, to be significant; (b) make recommendations to the Attorney General, from time to time, for action to enhance cooperation among Federal, State, local, tribal, and territorial authorities responsible for the investigation and prosecution of significant financial crimes and violations; and (c) coordinate law enforcement operations with representatives of State, local, tribal, and territorial law enforcement. Sec. 4. Coordination with State, Local, Tribal, and Territorial Law Enforce- ment. Consistent with the objectives set out in this order, and to the extent permitted by law, the Attorney General is encouraged to invite the following representatives of State, local, tribal, and territorial law enforcement to par- ticipate in the Task Force’s subcommittee addressing enforcement efforts in the subcommittee’s performance of the functions set forth in section 3(c) of this order relating to the coordination of Federal, State, local, tribal, and territorial law enforcement operations involving financial crimes and violations: (a) the National Association of Attorneys General; (b) the National District Attorneys Association; and (c) such other representatives of State, local, tribal, and territorial law enforcement as the Attorney General deems appropriate. Sec. 5. Outreach. Consistent with the law enforcement objectives set out in this order, the Task Force, in accordance with applicable law, in addition to regular meetings, shall conduct outreach with representatives of financial institutions, corporate entities, nonprofit organizations, State, local, tribal, and territorial governments and agencies, and other interested persons to foster greater coordination and participation in the detection and prosecution of financial fraud and financial crimes, and in the enforcement of antitrust and antidiscrimination laws. Sec. 6. Administration. The Department of Justice, to the extent permitted by law and subject to the availability of appropriations, shall provide admin- istrative support and funding for the Task Force. VerDate Nov<24>2008 12:15 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\19NOE0.SGM 19NOE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 60125 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Presidential Documents 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 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 Task Force shall replace, and continue the work of, the Corporate Fraud Task Force created by Executive Order 13271 of July 9, 2002. Executive Order 13271 is hereby terminated pursuant to section 6 of that order. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec. 8. Termination. The Task Force shall terminate when directed by the President or, with the approval of the President, by the Attorney General. THE WHITE HOUSE, November 17, 2009. [FR Doc. E9–28022 Filed 11–18–09; 11:15 am] Billing code 3195–W0–P VerDate Nov<24>2008 17:45 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\19NOE0.SGM 19NOE0 OB#1.EPS</GPH> erowe on DSK5CLS3C1PROD with MISCELLANEOUS

Establishment of the Financial Fraud Enforcement Task Force

2009-11-17T00:00:00

2ce34201638fa3f180d7740d95eb8c45c3e472292506e36446b059adbe1849f0

Presidential Executive Order

E9-27441 (13518)

Presidential Documents 58533 Federal Register Vol. 74, No. 218 Friday, November 13, 2009 Title 3— The President Executive Order 13518 of November 9, 2009 Employment of Veterans in the Federal Government By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby order as follows: Section 1. Policy. Veterans have served and sacrificed in defense of our Nation. When they complete their service, we must do everything in our power to assist them in re-entering civilian life and finding employment. Government as well as private employers should play a prominent role in helping veterans who may be struggling to find jobs. As one of the Nation’s leading employers, the Federal Government is in need of highly skilled individuals to meet agency staffing needs and to support mission objectives. Our veterans, who have benefited from training and development during their military service, possess a wide variety of skills and experiences, as well as the motivation for public service, that will help fulfill Federal agencies’ staffing needs. It is therefore the policy of my Administration to enhance recruitment of and promote employment opportunities for vet- erans within the executive branch, consistent with merit system principles and veterans’ preferences prescribed by law. The Federal Government will thereby help lead by example in promoting veterans’ employment. Sec. 2. Council on Veterans Employment. There is hereby established an interagency Council on Veterans Employment (Council), to be co-chaired by the Secretaries of Labor and Veterans Affairs. The Director of the Office of Personnel Management (OPM) shall serve as Vice Chair of the Council. (a) Mission and Function of the Council. The Council shall: (i) advise and assist the President and the Director of OPM in establishing a coordinated Government-wide effort to increase the number of veterans employed by the Federal Government by enhancing recruitment and train- ing; (ii) serve as a national forum for promoting veterans’ employment opportu- nities in the executive branch; and (iii) establish performance measures to assess the effectiveness of, and submit an annual report to the President on the status of, the Veterans Employment Initiative described in section 3 of this order. (b) Membership of the Council. The Council shall consist of the heads of the following agencies and such other executive branch agencies as the President may designate: (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; VerDate Nov<24>2008 08:05 Nov 12, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\13NOE0.SGM 13NOE0 dcolon on DSK2BSOYB1PROD with NOTICES6 58534 Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Presidential Documents (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 Environmental Protection Agency; (xvii) the National Aeronautics and Space Administration; (xviii) the Agency for International Development; (xix) the General Services Administration; (xx) the National Science Foundation; (xxi) the Nuclear Regulatory Commission; (xxii) the Office of Personnel Management; (xxiii) the Small Business Administration; and (xxiv) the Social Security Administration. A member of the Council may designate, to perform the Council functions of the member, a senior official who is part of the member’s agency, and who is a full-time officer or employee of the Federal Government. (c) Administration of the Council. The Co-Chairs shall convene meetings of the Council, determine its agenda, and direct its work. At the direction of the Co-Chairs, the Council may establish subgroups consisting exclusively of Council members or their designees, as appropriate. The Vice Chair shall designate an Executive Director for the Council to support the Vice Chair in managing the Council’s activities. The OPM shall provide administrative support for the Council to the extent permitted by law and within existing appropriations. (d) Steering Committee. There is established within the Council a Steering Committee consisting of the Secretaries of Defense, Labor, Veterans Affairs, and Homeland Security, the Director of OPM, and any other Council member designated by the Co-Chairs. The Steering Committee shall be responsible for providing leadership, accountability, and strategic direction to the Coun- cil. Sec. 3. Veterans Employment Initiative. The agencies represented on the Council shall participate in a Veterans Employment Initiative (Initiative). Under the Initiative, each participating agency shall, to the extent permitted by law: (a) develop an agency-specific Operational Plan for promoting employment opportunities for veterans, consistent with the Government-wide Veterans Recruitment and Employment Strategic Plan described in section 4 of this order, merit system principles, the agency’s strategic human capital plan, and other applicable workforce planning strategies and initiatives; (b) within 120 days of the date of this order, establish a Veterans Employment Program Office, or designate an agency officer or employee with full-time responsibility for its Veterans Employment Program, to be responsible for enhancing employment opportunities for veterans within the agency, con- sistent with law and merit system principles, including developing and implementing the agency’s Operational Plan, veterans recruitment programs, and training programs for veterans with disabilities, and for coordinating employment counseling to help match the career aspirations of veterans to the needs of the agency; (c) provide mandatory annual training to agency human resources personnel and hiring managers concerning veterans’ employment, including training on veterans’ preferences and special authorities for the hiring of veterans; VerDate Nov<24>2008 08:05 Nov 12, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\13NOE0.SGM 13NOE0 dcolon on DSK2BSOYB1PROD with NOTICES6 58535 Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Presidential Documents (d) identify key occupations for which the agency will provide job counseling and training to better enable veterans to meet agency staffing needs associated with those occupations; and (e) coordinate with the Departments of Defense and Veterans Affairs to promote further development and application of technology designed to assist transitioning service members and veterans with disabilities. Sec. 4. Additional Responsibilities of the Director of the Office of Personnel Management. The Director of OPM shall, in consultation with the Council and to the extent permitted by law: (a) develop a Government-wide Veterans Recruitment and Employment Stra- tegic Plan, to be updated at least every 3 years, addressing barriers to the employment of veterans in the executive branch and focusing on: (i) identifying actions that agency leaders should take to improve employ- ment opportunities for veterans; (ii) developing the skills of transitioning military service members and veterans; (iii) marketing the Federal Government as an employer of choice to transitioning service members and veterans; (iv) marketing the talent, experience, and dedication of transitioning service members and veterans to Federal agencies; and (v) disseminating Federal employment information to veterans and hiring officials; (b) provide Government-wide leadership in recruitment and employment of veterans in the executive branch; (c) identify key occupations, focusing on positions in high-demand occupa- tions where talent is needed to meet Government-wide staffing needs, for which the Federal Government will provide job counseling and training under section 5(a) of this order to veterans and transitioning military service personnel; (d) develop mandatory training for both human resources personnel and hiring managers on veterans’ employment, including veterans’ preference and special hiring authorities; (e) compile and post on the OPM website Government-wide statistics on the hiring of veterans; and (f) within 1 year of the date of this order and with the advice of the Council, provide recommendations to the President on improving the ability of veterans’ preference laws to meet the needs of the new generation of veterans, especially those transitioning from the conflicts in Iraq and Afghani- stan, and the needs of Federal hiring officials. Sec. 5. Responsibilities of the Secretaries of Defense, Labor, Veterans Affairs, and Homeland Security. The Secretaries of Defense, Labor, Veterans Affairs, and Homeland Security shall take the following actions, to the extent per- mitted by law: (a) The Secretaries of Defense, Labor, Veterans Affairs, and Homeland Secu- rity shall, in consultation with OPM, develop and implement counseling and training programs to align veterans’ and transitioning service members’ skills and career aspirations to Federal employment opportunities, targeting Federal occupations that are projected to have heavy recruitment needs. (b) The Secretary of Labor shall conduct employment workshops for veterans and transitioning military service personnel as part of the Transition Assist- ance Program (TAP), and integrate in those workshops information about the Federal hiring process, veterans’ preference laws, special hiring authori- ties, and Federal job opportunities. (c) The Secretary of Defense and Secretary of Homeland Security (with respect to the Coast Guard) shall: VerDate Nov<24>2008 08:05 Nov 12, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\13NOE0.SGM 13NOE0 dcolon on DSK2BSOYB1PROD with NOTICES6 58536 Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Presidential Documents (i) reinforce military leadership’s commitment and support of the service members’ transition process; and (ii) institute policies that encourage every eligible service member to take the opportunity to enroll in any or all of the four components of the TAP. (d) The Secretaries of Labor and Veterans Affairs shall: (i) assist veterans and transitioning service members in translating military skills, training, and education to Federal occupations through programs developed under subsection (a) of this section; and (ii) provide training to employment and rehabilitation counselors on the Federal hiring process, veterans’ preferences, special hiring authorities, and identifying Federal employment opportunities for veterans. Sec. 6. 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. (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 9, 2009. [FR Doc. E9–27441 Filed 11–12–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 08:05 Nov 12, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\13NOE0.SGM 13NOE0 OB#1.EPS</GPH> dcolon on DSK2BSOYB1PROD with NOTICES6

Employment of Veterans in the Federal Government

2009-11-09T00:00:00

80151451c164c714c3b8bd0c098338dc3aa48a7a8d6b852b963fe7cae6d48b1d

Presidential Executive Order

E9-26834 (13517)

Presidential Documents 57239 Federal Register Vol. 74, No. 213 Thursday, November 5, 2009 Title 3— The President Executive Order 13517 of October 30, 2009 Amendments to Executive Orders 13183 and 13494 By the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 101, it is hereby ordered as follows: Section 1. Executive Order 13183 of December 23, 2000, as amended, is further amended as follows: (a) The preamble is amended by deleting ‘‘, including Public Law 106– 346.’’ (b) Section 1 is amended by adding the following sentence after the second sentence: ‘‘It is also the policy of the executive branch to improve the treatment of Puerto Rico in Federal programs and to promote job creation, education, health care, clean energy, and economic development on the islands.’’ (c) Section 3 is amended by deleting the second, third, and fourth sentences and inserting in lieu thereof the following: ‘‘The Task Force shall ensure official attention to and facilitate action on matters related to proposals for Puerto Rico’s status and provide advice and recommendations on such matters to the President and the Congress. The Task Force shall also identify and promote existing Federal initiatives that benefit Puerto Rico; provide advice and recommendations to the President and the Congress on the treatment of Puerto Rico in Federal programs; and provide advice and rec- ommendations to the President and the Congress on policies and initiatives that promote job creation, education, health care, clean energy, and economic development on the islands.’’ (d) Section 4 is amended by deleting the first sentence and inserting in lieu thereof the following: ‘‘The Task Force shall submit to the President a report on the actions it has taken to perform the functions set forth in section 3 no later than 1 year from the date of this order. The Task Force shall also report to the President, as appropriate, on other matters relating to the Task Force’s responsibilities under this order.’’ Sec. 2. In furtherance of the policy set forth in section 1 of Executive Order 13494 of January 30, 2009, section 3 of that order is amended to read as follows: ‘‘Sec. 3. Contracting departments and agencies shall treat as allowable costs incurred in maintaining satisfactory relations between the contractor and its employees (other than the costs of any activities undertaken to persuade employees to exercise or not to exercise, or con- cerning the manner of exercising, the right to organize and bargain collec- tively), including costs of labor management committees, employee publica- tions, and other related activities. See 48 C.F.R. 31.205–21.’’ VerDate Nov<24>2008 07:28 Nov 04, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\05NOE0.SGM 05NOE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 57240 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Presidential Documents Sec. 3. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 30, 2009. [FR Doc. E9–26834 Filed 11–4–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 07:28 Nov 04, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\05NOE0.SGM 05NOE0 OB#1.EPS</GPH> erowe on DSK5CLS3C1PROD with MISCELLANEOUS

Amendments to Executive Orders 13183 and 13494

2009-10-30T00:00:00

14a0bc9ee662d7e0ef5e08d1c686ac72df2108b3a6bf7189f4ea1c4fc11c9769

Presidential Executive Order

E9-29781 (13522)

Presidential Documents 66203 Federal Register Vol. 74, No. 238 Monday, December 14, 2009 Title 3— The President Executive Order 13522 of December 9, 2009 Creating Labor-Management Forums to Improve Delivery of Government Services 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 a cooperative and productive form of labor-management relations throughout the executive branch, it is hereby ordered as follows: Section 1. Policy. Federal employees and their union representatives are an essential source of front-line ideas and information about the realities of delivering Government services to the American people. A nonadversarial forum for managers, employees, and employees’ union representatives to discuss Government operations will promote satisfactory labor relations and improve the productivity and effectiveness of the Federal Government. Labor- management forums, as complements to the existing collective bargaining process, will allow managers and employees to collaborate in continuing to deliver the highest quality services to the American people. Management should discuss workplace challenges and problems with labor and endeavor to develop solutions jointly, rather than advise union representatives of predetermined solutions to problems and then engage in bargaining over the impact and implementation of the predetermined solutions. The purpose of this order is to establish a cooperative and productive form of labor-management relations throughout the executive branch. Sec. 2. The National Council on Federal Labor-Management Relations. There is established the National Council on Federal Labor-Management Relations (Council). (a) Membership. The Council shall be composed of the following members appointed or designated by the President: (i) the Director of the Office of Personnel Management (OPM) and Deputy Director for Management of the Office of Management and Budget (OMB), who shall serve as Co-Chairs of the Council; (ii) the Chair of the Federal Labor Relations Authority; (iii) a Deputy Secretary or other officer with department- or agency- wide authority from each of five executive departments or agencies not otherwise represented on the Council, who shall serve for terms of 2 years; (iv) the President of the American Federation of Government Employ- ees, AFL-CIO; (v) the President of the National Federation of Federal Employees; (vi) the President of the National Treasury Employees Union; (vii) the President of the International Federation of Professional and Technical Engineers, AFL-CIO; (viii) the heads of three other labor unions that represent Federal em- ployees and are not otherwise represented on the Council, who shall serve for terms of 2 years; (ix) the President of the Senior Executives Association; and (x) the President of the Federal Managers Association. (b) Responsibilities and Functions. The Council shall advise the President on matters involving labor-management relations in the executive branch. Its activities shall include, to the extent permitted by law: (i) supporting the creation of department- or agency-level labor-man- agement forums and promoting partnership efforts between labor and management in the executive branch; VerDate Nov<24>2008 17:59 Dec 11, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14DEE0.SGM 14DEE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 66204 Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Presidential Documents (ii) developing suggested measurements and metrics for the evaluation of the effectiveness of the Council and department or agency labor- management forums in order to promote consistent, appropriate, and administratively efficient measurement and evaluation processes across departments and agencies; (iii) collecting and disseminating information about, and providing guidance on, labor-management relations improvement efforts in the executive branch, including results achieved; (iv) utilizing the expertise of individuals both within and outside the Federal Government to foster successful labor-management relations, including through training of department and agency personnel in methods of dispute resolution and cooperative methods of labor-man- agement relations; (v) developing recommendations for innovative ways to improve deliv- ery of services and products to the public while cutting costs and advancing employee interests; (vi) serving as a venue for addressing systemic failures of department- or agency-level forums established pursuant to section 3 of this order; and (vii) providing recommendations to the President for the implementa- tion of several pilot programs within the executive branch, described in section 4 of this order, for bargaining over subjects set forth in 5 U.S.C. 7106(b)(1). (c) Administration. (i) The Co-Chairs shall convene and preside at meetings of the Coun- cil, determine its agenda, and direct its work. (ii) The Council shall seek input from nonmember executive depart- ments and agencies, particularly smaller agencies. It also may, from time to time, invite persons from the private and public sectors to submit information. The Council shall also seek input from Federal manager and professional associations, companies, nonprofit organiza- tions, State and local governments, Federal employees, and customers of Federal services, as needed. (iii) To the extent permitted by law and subject to the availability of appropriations, OPM shall provide such facilities, support, and ad- ministrative services to the Council as the Director of OPM deems appropriate. (iv) Members of the Council shall serve without compensation for their work on the Council, but may be allowed travel expenses, in- cluding per diem in lieu of subsistence, as authorized by law for per- sons serving intermittently in Government service (5 U.S.C. 5701– 5707), consistent with the availability of funds. (v) The heads of executive departments and agencies shall, to the ex- tent permitted by law, provide to the Council such assistance, infor- mation, and advice as the Council may require for purposes of car- rying out its functions. (vi) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Council, any functions of the Presi- dent under that Act, except that of reporting to the Congress, shall be performed by the Director of OPM in accordance with the guide- lines that have been issued by the Administrator of General Services. (d) Termination. The Council shall terminate 2 years after the date of this order unless extended by the President. Sec. 3. Implementation of Labor-Management Forums Throughout the Execu- tive Branch. (a) The head of each executive department or agency that is subject to the provisions of the Federal Service Labor-Management Relations Act (5 U.S.C. 7101 et seq.), or any other authority permitting employees of such department or agency to select an exclusive representative shall, to the extent permitted by law: VerDate Nov<24>2008 17:59 Dec 11, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14DEE0.SGM 14DEE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 66205 Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Presidential Documents (i) establish department- or agency-level labor-management forums by creating labor-management committees or councils at the levels of rec- ognition and other appropriate levels agreed to by labor and manage- ment, or adapting existing councils or committees if such groups exist, to help identify problems and propose solutions to better serve the public and agency missions; (ii) allow employees and their union representatives to have pre- decisional involvement in all workplace matters to the fullest extent practicable, without regard to whether those matters are negotiable subjects of bargaining under 5 U.S.C. 7106; provide adequate informa- tion on such matters expeditiously to union representatives where not prohibited by law; and make a good-faith attempt to resolve issues concerning proposed changes in conditions of employment, including those involving the subjects set forth in 5 U.S.C. 7106(b)(1), through discussions in its labor-management forums; and (iii) evaluate and document, in consultation with union representa- tives and consistent with the purposes of this order and any further guidance provided by the Council, changes in employee satisfaction, manager satisfaction, and organizational performance resulting from the labor-management forums. (b) Each head of an executive department or agency in which there exists one or more exclusive representatives shall, in consultation with union representatives, prepare and submit for approval, within 90 days of the date of this order, a written implementation plan to the Council. The plan shall: (i) describe how the department or agency will conduct a baseline assessment of the current state of labor relations within the depart- ment or agency; (ii) report the extent to which the department or agency has estab- lished labor-management forums, as set forth in subsection (a)(i) of this section, or may participate in the pilot projects described in sec- tion 4 of this order; (iii) address how the department or agency will work with the exclu- sive representatives of its employees through its labor-management fo- rums to develop department-, agency-, or bargaining unit-specific metrics to monitor improvements in areas such as labor-management satisfaction, productivity gains, cost savings, and other areas as identi- fied by the relevant labor-management forum’s participants; and (iv) explain the department’s or agency’s plan for devoting sufficient resources to the implementation of the plan. (c) The Council shall review each executive department or agency imple- mentation plan within 30 days of receipt and provide a recommendation to the Co-Chairs as to whether to certify that the plan satisfies all requirements of this order. Plans that are determined by the Co-Chairs to be insufficient will be returned to the department or agency with guidance for improvement and resubmission within 30 days. Each department or agency covered by subsection (b) of this section must have a certified implementation plan in place no later than 150 days after the date of this order, unless the Co-Chairs of the Council authorize an extension of the deadline. Sec. 4. Negotiation over Permissive Subjects of Bargaining. (a) In order to evaluate the impact of bargaining over permissive subjects, several pilot projects of specified duration shall be established in which some executive departments or agencies elect to bargain over some or all of the subjects set forth in 5 U.S.C. 7106(b)(1) and waive any objection to participating in impasse procedures set forth in 5 U.S.C. 7119 that is based on the subjects being permissive. The Council shall develop rec- ommendations for establishing the pilot projects, including (i) recommenda- tions for evaluating such pilot projects on the basis, among other things, of their impacts on organizational performance, employee satisfaction, and labor relations of the affected departments or agencies; (ii) recommended methods for evaluating the effectiveness of dispute resolution procedures VerDate Nov<24>2008 17:59 Dec 11, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\14DEE0.SGM 14DEE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 66206 Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Presidential Documents adopted and followed in the course of the pilot projects; and (iii) a rec- ommended timeline for expeditious implementation of the pilot programs. (b) The Council shall present its recommendations to the President within 150 days after the date of this order. (c) No later than 18 months after implementation of the pilot projects, the Council shall submit a report to the President evaluating the results of the pilots and recommending appropriate next steps with respect to agency bargaining over the subjects set forth in 5 U.S.C. 7106(b)(1). Sec. 5. General Provisions. (a) Nothing in this order shall abrogate any collective bargaining agree- ments in effect on the date of this order. (b) Nothing in this order shall be construed to limit, preclude, or prohibit any head of an executive department or agency from electing to negotiate over any or all of the subjects set forth in 5 U.S.C. 7106(b)(1) in any negotiation. (c) 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 OMB relating to budgetary, administra- tive, or legislative proposals. (d) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (e) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit, substantive or procedural, enforceable at law 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 9, 2009. [FR Doc. E9–29781 Filed 12–11–09; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 17:59 Dec 11, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\14DEE0.SGM 14DEE0 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Creating Labor-Management Forums to Improve Delivery of Government Services

2009-12-09T00:00:00

2d081676288d464f14aedc3579cd5650d42f1323a9df500941f73134f72c8545

Presidential Executive Order

E9-28493 (13520)

Presidential Documents 62201 Federal Register / Vol. 74, No. 226 / Wednesday, November 25, 2009 / Presidential Documents Executive Order 13520 of November 20, 2009 Reducing Improper Payments By the authority vested in me as President by the Constitution and the laws of the United States of America, and in the interest of reducing payment errors and eliminating waste, fraud, and abuse in Federal programs, it is hereby ordered as follows: Section 1. Purpose. When the Federal Government makes payments to indi- viduals and businesses as program beneficiaries, grantees, or contractors, or on behalf of program beneficiaries, it must make every effort to confirm that the right recipient is receiving the right payment for the right reason at the right time. The purpose of this order is to reduce improper payments by intensifying efforts to eliminate payment error, waste, fraud, and abuse in the major programs administered by the Federal Government, while con- tinuing to ensure that Federal programs serve and provide access to their intended beneficiaries. No single step will fully achieve these goals. There- fore, this order adopts a comprehensive set of policies, including transparency and public scrutiny of significant payment errors throughout the Federal Government; a focus on identifying and eliminating the highest improper payments; accountability for reducing improper payments among executive branch agencies and officials; and coordinated Federal, State, and local government action in identifying and eliminating improper payments. Be- cause this order targets error, waste, fraud, and abuse—not legitimate use of Government services—efforts to reduce improper payments under this order must protect access to Federal programs by their intended beneficiaries. Sec. 2. Transparency and Public Participation. (a) Within 90 days of the date of this order, the Director of the Office of Management and Budget (OMB) shall: (i) identify Federal programs in which the highest dollar value or majority of Government-wide improper payments occur (high-priority programs); (ii) establish, in coordination with the executive department or agency (agency) responsible for administering the high-priority program annual or semi-annual targets (or where such targets already exist, supplemental targets), as appropriate, for reducing improper payments associated with each high-priority program; (iii) issue Government-wide guidance on the implementation of this order, including procedures for identifying and publicizing the list of entities described in subsection (b)(v) of this section and for administrative appeal of the decision to publish the identity of those entities, prior to publication; and (iv) establish a working group consisting of Federal, State, and local offi- cials to make recommendations to the Director of OMB designed to improve the Federal Government’s measurement of access to Federal programs by the programs’ intended beneficiaries. The working group’s recommenda- tions shall be prepared in consultation with the Council of Inspectors General on Integrity and Efficiency (CIGIE) and submitted within 180 days of the date of this order, and the recommended measurements may be incorporated by the Secretary of the Treasury in the information pub- lished pursuant to subsection (b) of this section. (b) Within 180 days of the date of this order, the Secretary of the Treasury in coordination with the Attorney General and the Director of OMB, shall VerDate Nov<24>2008 18:45 Nov 24, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25NOE0.SGM 25NOE0 PWALKER on DSK8KYBLC1PROD with NOTICES6 62202 Federal Register / Vol. 74, No. 226 / Wednesday, November 25, 2009 / Presidential Documents publish on the Internet information about improper payments under high- priority programs. The information shall include, subject to Federal privacy policies and to the extent permitted by law: (i) the names of the accountable officials designated under section 3 of this order; (ii) current and historical rates and amounts of improper payments, includ- ing, where known and appropriate, causes of the improper payments; (iii) current and historical rates and amounts of recovery of improper payments, where appropriate (or, where improper payments are identified solely on the basis of a sample, recovery rates and amounts estimated on the basis of the applicable sample); (iv) targets for reducing as well as recovering improper payments, where appropriate; and (v) the entities that have received the greatest amount of outstanding improper payments (or, where improper payments are identified solely on the basis of a sample, the entities that have received the greatest amount of outstanding improper payments in the applicable sample). Information on entities that have received the greatest amount of outstanding improper payments shall not include any referrals the agency made or anticipates making to the Department of Justice, or any information provided in connection with such referrals. (c) Within 180 days of the date of this order, the Secretary of the Treasury in coordination with the Attorney General and the Director of OMB and in consultation with the CIGIE, shall establish a central Internet-based method to collect from the public information concerning suspected incidents of waste, fraud, and abuse by an entity receiving Federal funds that have led or may lead to improper payments by the Federal Government. (d) Agencies shall place a prominently displayed link to Internet-based resources for addressing improper payments, including the resources estab- lished under subsections (b) and (c) of this section, on their Internet home pages. Sec. 3. Agency Accountability and Coordination. (a) Within 120 days of the date of this order, the head of each agency responsible for operating a high-priority program shall designate an official who holds an existing Senate-confirmed position to be accountable for meet- ing the targets established under section 2 of this order without unduly burdening program access and participation by eligible beneficiaries. In those agencies where the majority of payments are isolated to a single component, the head of the agency shall name a second accountable official for that component whose sole responsibility would be for program integrity activities and, as appropriate, shall consolidate and coordinate all program integrity activities within the component. (b) Within 180 days of the date of this order, each agency official designated under subsection (a) of this section, or otherwise designated by the Director of OMB, shall provide the agency’s Inspector General a report containing: (i) the agency’s methodology for identifying and measuring improper pay- ments by the agency’s high-priority programs; (ii) the agency’s plans, together with supporting analysis, for meeting the reduction targets for improper payments in the agency’s high-priority programs; and (iii) the agency’s plan, together with supporting analysis, for ensuring that initiatives undertaken pursuant to this order do not unduly burden program access and participation by eligible beneficiaries. Following the receipt and review of this information, the agency Inspector General shall assess the level of risk associated with the applicable programs, determine the extent of oversight warranted, and provide the agency head with recommendations, if any, for modifying the agency’s methodology, VerDate Nov<24>2008 18:45 Nov 24, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25NOE0.SGM 25NOE0 PWALKER on DSK8KYBLC1PROD with NOTICES6 62203 Federal Register / Vol. 74, No. 226 / Wednesday, November 25, 2009 / Presidential Documents improper payment reduction plans, or program access and participation plans. (c) If an agency fails to meet the targets established under section 2 of this order or implement the plan described in subsection (b)(iii) of this section for 2 consecutive years, that agency’s accountable official designated under subsection (a) of this section shall submit to the agency head, Inspector General, and Chief Financial Officer a report describing the likely causes of the agency’s failure and proposing a remedial plan. The agency head shall review this plan and, in consultation with the Inspector General and Chief Financial Officer, forward the plan with any additional comments and analysis to the Director of OMB. (d) Within 180 days of the date of this order, the Chief Financial Officers Council (CFOC) in consultation with the CIGIE, the Department of Justice, and program experts, shall make recommendations to the Director of OMB and the Secretary of the Treasury on actions (including actions related to forensic accounting and audits) agencies should take to more effectively tailor their methodologies for identifying and measuring improper payments to those programs, or components of programs, where improper payments are most likely to occur. Recommendations shall address the manner in which the recommended actions would affect program access and participa- tion by eligible beneficiaries. (e) Within 180 days of the date of this order, the Secretary of the Treasury and the Director of OMB in consultation with the CIGIE, the Department of Justice, and program experts, shall recommend to the President actions designed to reduce improper payments by improving information sharing among agencies and programs, and where applicable, State and local govern- ments and other stakeholders. The recommendations shall address the ways in which information sharing may improve eligibility verification and pre- payment scrutiny, shall identify legal or regulatory impediments to effective information sharing, and shall address the manner in which the rec- ommended actions would affect program access and participation by eligible beneficiaries. (f) Within 180 days of the date of this order, and at least once every quarter thereafter, the head of each agency shall submit to the agency’s Inspector General and the CIGIE, and make available to the public, a report on any high-dollar improper payments identified by the agency, subject to Federal privacy policies and to the extent permitted by law. The report shall describe any actions the agency has taken or plans to take to recover improper payments, as well as any actions the agency intends to take to prevent improper payments from occurring in the future. The report shall not include any referrals the agency made or anticipates making to the Department of Justice, or any information provided in connection with such referrals. Following the review of each report, the agency Inspector General and the CIGIE shall assess the level of risk associated with the applicable program, determine the extent of oversight warranted, and provide the agency head with recommendations, if any, for modifying the agency’s plans. Sec. 4. Enhanced Focus on Contractors and Working with State and Local Stakeholders. (a) Within 180 days of the date of this order, the Federal Acquisition Regu- latory Council, in coordination with the Director of OMB, and in consultation with the National Procurement Fraud Task Force (or its successor group), the CIGIE, and appropriate agency officials, shall recommend to the President actions designed to enhance contractor accountability for improper payments. The recommendations may include, but are not limited to, subjecting contrac- tors to debarment, suspension, financial penalties, and identification through a public Internet website, subject to Federal privacy policies and to the extent permitted by law and where the identification would not interfere with or compromise an ongoing criminal or civil investigation, for knowingly failing timely to disclose credible evidence of significant overpayments re- ceived on Government contracts. VerDate Nov<24>2008 18:45 Nov 24, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25NOE0.SGM 25NOE0 PWALKER on DSK8KYBLC1PROD with NOTICES6 62204 Federal Register / Vol. 74, No. 226 / Wednesday, November 25, 2009 / Presidential Documents (b) Within 30 days of the date of this order, the Director of OMB shall establish a working group consisting of Federal and elected State and local officials to make recommendations to the Director of OMB designed to improve the effectiveness of single audits of State and local governments and non-profit organizations that are expending Federal funds. The Director of OMB may designate an appropriate official to serve as Chair of the working group to convene its meetings and direct its work. The working group’s recommendations shall be prepared in consultation with the CIGIE and submitted within 180 days of the date of this order. The recommenda- tions shall address, among other things, the effectiveness of single audits in identifying improper payments and opportunities to streamline or elimi- nate single audit requirements where their value is minimal. (c) Within 30 days of the date of this order, the Director of OMB shall establish a working group (which may be separate from the group established under subsection (b) of this section) consisting of Federal and elected State and local officials to make recommendations to the Director of OMB for administrative actions designed to improve the incentives and accountability of State and local governments, as well as other entities receiving Federal funds, for reducing improper payments. The Director of OMB may designate an appropriate official to serve as Chair of the working group to convene its meetings and direct its work. The working group’s recommendations shall be prepared in consultation with the CIGIE and submitted within 180 days of the date of this order. Sec. 5. Policy Proposals. The Director of OMB, in consultation with the appropriate agencies and the CIGIE, shall develop policy recommendations, including potential legislative proposals, designed to reduce improper pay- ments, including those caused by error, waste, fraud, and abuse, across Federal programs without compromising program access, to be included, as appropriate, in the Budget of the United States Government for Fiscal Year 2011 and future years, or other Administration proposals. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department, agency, the head thereof, or any agency Inspector General; or (ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (b) Nothing in this order shall be construed to require the disclosure of classified information, law enforcement sensitive information, or other infor- mation that must be protected in the interests of national security. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Nov<24>2008 18:45 Nov 24, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\25NOE0.SGM 25NOE0 PWALKER on DSK8KYBLC1PROD with NOTICES6 62205 Federal Register / Vol. 74, No. 226 / Wednesday, November 25, 2009 / 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 20, 2009. [FR Doc. E9–28493 Filed 11–24–09; 11:15 am] Billing code 3195–W0–P VerDate Nov<24>2008 18:45 Nov 24, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\25NOE0.SGM 25NOE0 OB#1.EPS</GPH> PWALKER on DSK8KYBLC1PROD with NOTICES6

Reducing Improper Payments

2009-11-20T00:00:00

018499dd8333fe2596b5f9012d423aab3984b8df7c859a7517506069df12fe13

Presidential Executive Order

E9-26408 (13516)

Presidential Documents 56521 Federal Register Vol. 74, No. 210 Monday, November 2, 2009 Title 3— The President Executive Order 13516 of November 2, 2009 Amending Executive Order 13462 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 13462 of February 29, 2008, is amended as follows: (a) by striking subsection (b) of section 2 and inserting in lieu thereof the following: ‘‘(b) ’’intelligence activities‘‘ has the meaning specified in section 3.5 of Executive Order 12333 of December 4, 1981, as amended; and’’ (b) by striking subsection (b) of section 3 and inserting in lieu thereof the following: ‘‘(b) The PIAB shall consist of not more than 16 members appointed by the President from among individuals who are not full-time employees of the Federal Government.’’ (c) by striking subsection (c) of section 3 and inserting in lieu thereof the following: ‘‘(c) The President shall designate a Chair or Co-Chairs from among the members of the PIAB, who shall convene and preside at meetings of the PIAB, determine its agenda, and direct its work.’’ (d) by inserting after subsection (b) of section 6 the following new subsection: ‘‘(c) forward to the Attorney General information concerning intelligence activities that involve possible violations of Federal criminal laws or other- wise implicate the authority of the Attorney General;’’, and renumbering the subsequent subsections of section 6 accordingly. (e) by striking subsection (a) of section 8 and inserting in lieu thereof: ‘‘To the extent permitted by law, the DNI and the heads of departments concerned shall provide such information and assistance as the PIAB and the IOB determine is needed to perform their functions under this order.’’ (f) by substituting ‘‘section 1.6(c) of Executive Order 12333, as amended’’ for ‘‘section 1.7(d) of Executive Order 12333’’ each time it appears in the order. (g) by striking subsection (b) of section 11 and inserting in lieu thereof: ‘‘(b) Any person who is a member of the PIAB or the IOB, or who is granted access to classified national security information in relation to the activities of the PIAB or the IOB, as a condition of access to such information, shall sign and comply with appropriate agreements to protect such information from unauthorized disclosure. This order shall be implemented in a manner consistent with Executive Order 12958 of April 17, 1995, as amended, and Executive Order 12968 of August 2, 1995, as amended.’’ Sec. 2. 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 budget, administrative, or legislative proposals. VerDate Nov<24>2008 07:30 Oct 30, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02NOE0.SGM 02NOE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 56522 Federal Register / Vol. 74, No. 210 / Monday, November 2, 2009 / 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, October 28, 2009. [FR Doc. E9–26408 Filed 10–30–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 07:30 Oct 30, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\02NOE0.SGM 02NOE0 OB#1.EPS</GPH> erowe on DSK5CLS3C1PROD with MISCELLANEOUS

Amending Executive Order 13462

2009-11-02T00:00:00

8fc495fec8e83b3f4a55de196734de7b8ec5958ee3d5fb30382bdb22a10f0d04

Presidential Executive Order

E9-25268 (13515)

Presidential Documents 53635 Federal Register Vol. 74, No. 200 Monday, October 19, 2009 Title 3— The President Executive Order 13515 of October 14, 2009 Increasing Participation of Asian Americans and Pacific Is- landers in Federal Programs 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 more than 16 million Asian Americans and Pacific Islanders (AAPIs) across our country have helped build a strong and vibrant America. The AAPI communities represent many ethnicities and languages that span generations, and their shared achievements are an important part of the American experience. They have started businesses and generated jobs, including founding some of our Nation’s most successful and innovative enterprises. The AAPI communities have made important contributions to science and technology, culture and the arts, and the professions, including business, law, medicine, education, and politics. While we acknowledge the many contributions of the AAPI communities to our Nation, we also recognize the challenges still faced by many AAPIs. Of the more than a million AAPI-owned businesses, many firms are small sole-proprietorships that continue to need assistance to access available re- sources such as business development counseling and small business loans. The AAPI community also continues to face barriers to employment and workplace advancement. Specific challenges experienced by AAPI subgroups include lower college-enrollment rates by Pacific Islanders than other ethnic groups and high poverty rates among Hmong Americans, Cambodian Ameri- cans, Malaysian Americans, and other individual AAPI communities. Addi- tionally, one in five non-elderly AAPIs lacks health insurance. The purpose of this order is to establish a President’s Advisory Commission on Asian Americans and Pacific Islanders and a White House Initiative on Asian Americans and Pacific Islanders. Each will work to improve the quality of life and opportunities for Asian Americans and Pacific Islanders through increased access to, and participation in, Federal programs in which they may be underserved. In addition, each will work to advance relevant evidence-based research, data collection, and analysis for AAPI populations and subpopulations. Sec. 2. President’s Advisory Commission on Asian Americans and Pacific Islanders. There is established in the Department of Education the President’s Advisory Commission on Asian Americans and Pacific Islanders (Commis- sion). (a) Mission and Function of the Commission. The Commission shall provide advice to the President, through the Secretaries of Education and Commerce, as Co-Chairs of the Initiative described in section 3 of this order, on: (i) the development, monitoring, and coordination of executive branch efforts to improve the quality of life of AAPIs through increased participation in Federal programs in which such persons may be underserved; (ii) the compilation of research and data related to AAPI populations and subpopula- tions; (iii) the development, monitoring, and coordination of Federal efforts to improve the economic and community development of AAPI businesses; and (iv) strategies to increase public and private-sector collaboration, and community involvement in improving the health, education, environment, and well-being of AAPIs. VerDate Nov<24>2008 17:09 Oct 16, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\19OCE0.SGM 19OCE0 sroberts on DSKD5P82C1PROD with RULES 53636 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Presidential Documents (b) Membership of the Commission. The Commission shall consist of not more than 20 members appointed by the President. The Commission shall include members who: (i) have a history of involvement with the AAPI communities; (ii) are from the fields of education, commerce, business, health, human services, housing, environment, arts, agriculture, labor and employment, transportation, justice, veterans affairs, and economic and com- munity development; (iii) are from civic associations representing one or more of the diverse AAPI communities; or (iv) have such other experience as the President deems appropriate. The President shall designate one mem- ber of the Commission to serve as Chair, who shall convene regular meetings of the Commission, determine its agenda, and direct its work. (c) Administration of the Commission. The Secretary of Education, in con- sultation with the Secretary of Commerce, shall designate an Executive Director for the Commission. The Department of Education shall provide funding and administrative support for the Commission to the extent per- mitted by law and within existing appropriations. Members of the Commis- sion 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 of Education, in accordance with the guidelines issued by the Administrator of General Services. (d) Termination Date. The Commission shall terminate 2 years from the date of this order, unless renewed by the President. Sec. 3. White House Initiative on Asian Americans and Pacific Islanders. There is established the White House Initiative on Asian Americans and Pacific Islanders (Initiative), a Federal interagency working group whose members shall be selected by their respective agencies. The Secretary of Commerce and the Secretary of Education shall serve as the Co-Chairs of the Initiative. The Executive Director of the Commission established in sec- tion 2 of this order shall also serve as the Executive Director of the Initiative and shall report to the Secretaries on Initiative matters. (a) Mission and Function of the Initiative. The Initiative shall work to improve the quality of life of AAPIs through increased participation in Federal programs in which AAPIs may be underserved. The Initiative shall advise the Co-Chairs on the implementation and coordination of Federal programs as they relate to AAPIs across executive departments and agencies. (b) Membership of the Initiative. In addition to the Co-Chairs, the Initiative shall consist of senior officials from the following executive branch depart- ments, 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 the Interior; (vi) the Department of Agriculture; (vii) the Department of Labor; (viii) the Department of Housing and Urban Development; (ix) the Department of Transportation; (x) the Department of Energy; (xi) the Department of Health and Human Services; (xii) the Department of Veterans Affairs; (xiii) the Department of Homeland Security; VerDate Nov<24>2008 17:09 Oct 16, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\19OCE0.SGM 19OCE0 sroberts on DSKD5P82C1PROD with RULES 53637 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Presidential Documents (xiv) the Office of Management and Budget; (xv) the Environmental Protection Agency; (xvi) the Small Business Administration; (xvii) the Office of Personnel Management; (xviii) the Social Security Administration; (xix) the White House Office of Cabinet Affairs; (xx) the White House Office of Intergovernmental Affairs and Public En- gagement; (xxi) the National Economic Council; (xxii) the Domestic Policy Council; (xxiii) the Office of Science and Technology Policy; and (xxiv) other executive branch departments, agencies, and offices as the President may, from time to time, designate. At the direction of the Co-Chairs, the Initiative may establish subgroups consisting exclusively of Initiative members or their designees under this section, as appropriate. (c) Administration of the Initiative. The Department of Education shall pro- vide funding and administrative support for the Initiative to the extent permitted by law and within existing appropriations. The Co-Chairs shall convene regular meetings of the Initiative, determine its agenda, and direct its work. (d) Federal Agency Plans and Interagency Plan. Each executive department and agency designated by the Initiative shall prepare a plan (agency plan) for, and shall document, its efforts to improve the quality of life of Asian Americans and Pacific Islanders through increased participation in Federal programs in which Asian Americans and Pacific Islanders may be under- served. Where appropriate, this agency plan shall address, among other things, the agency’s efforts to: (i) identify Federal programs in which AAPIs may be underserved and improve the quality of life for AAPIs through increased participation in these programs; (ii) identify ways to foster the recruitment, career development, and ad- vancement of AAPIs in the Federal Government; (iii) identify high-priority action items for which measurable progress may be achieved within 2 years to improve the health, environment, oppor- tunity, and well-being of AAPIs, and implement those action items; (iv) increase public-sector, private-sector, and community involvement in improving the health, environment, opportunity, and well-being of AAPIs; (v) foster evidence-based research, data-collection, and analysis on AAPI populations and subpopulations, including research and data on public health, environment, education, housing, employment, and other economic indicators of AAPI community well-being; and (vi) solicit public input from AAPI communities on ways to increase and improve opportunities for public participation in Federal programs considering a number of factors, including language barriers. Each agency, in its plan, shall provide appropriate measurable objectives and, after the first year, shall provide for the assessment of that agency’s performance on the goals set in the previous year’s plan. Each agency plan shall be submitted to the Co-Chairs by a date to be established by the Co-Chairs. The Co-Chairs shall review the agency plans and develop for submission to the President a Federal interagency plan to improve the quality of life of AAPIs through increased participation in Federal programs in which such persons may be underserved. Actions described in the Federal interagency plan shall address improving access by AAPIs to Federal pro- grams and fostering advances in relevant research and data. VerDate Nov<24>2008 17:09 Oct 16, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\19OCE0.SGM 19OCE0 sroberts on DSKD5P82C1PROD with RULES 53638 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Presidential Documents Sec. 4. General Provisions. (a) This order supersedes Executive Order 13125 of June 7, 1999, and Execu- tive Order 13339 of May 13, 2004. (b) The heads of executive departments and agencies shall assist and provide information to the Commission, consistent with applicable law, as may be necessary to carry out the functions of the Commission. Each executive department and agency shall bear its own expenses of participating in the Commission. (c) 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. (d) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (e) For purposes of this order, the term ‘‘Asian American and Pacific Islander’’ includes persons within the jurisdiction of the United States having ancestry of any of the original peoples of East Asia, Southeast Asia, or South Asia, or any of the aboriginal, indigenous, or native peoples of Hawaii and other Pacific Islands. (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, October 14, 2009. [FR Doc. E9–25268 Filed 10–16–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 17:09 Oct 16, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\19OCE0.SGM 19OCE0 OB#1.EPS</GPH> sroberts on DSKD5P82C1PROD with RULES

Increasing Participation of Asian Americans and Pacific Islanders in Federal Programs

2009-10-14T00:00:00

e23ab8ef443fcab46268e917b8eb8d679f0e89f2133bba7d83c0ec0da230a77a

Presidential Executive Order

E9-24518 (13514)

Presidential Documents 52117 Federal Register Vol. 74, No. 194 Thursday, October 8, 2009 Title3— The President Executive Order 13514 of October 5, 2009 Federal Leadership in Environmental, Energy, and Economic Performance By the authority vested in me as President by the Constitution and the laws of the United States of America, and to establish an integrated strategy towards sustainability in the Federal Government and to make reduction of greenhouse gas emissions a priority for Federal agencies, it is hereby ordered as follows: Section 1. Policy. In order to create a clean energy economy that will increase our Nation’s prosperity, promote energy security, protect the inter- ests of taxpayers, and safeguard the health of our environment, the Federal Government must lead by example. It is therefore the policy of the United States that Federal agencies shall increase energy efficiency; measure, report, and reduce their greenhouse gas emissions from direct and indirect activities; conserve and protect water resources through efficiency, reuse, and stormwater management; eliminate waste, recycle, and prevent pollution; leverage agency acquisitions to foster markets for sustainable technologies and environmentally preferable materials, products, and services; design, construct, maintain, and operate high performance sustainable buildings in sustainable locations; strengthen the vitality and livability of the commu- nities in which Federal facilities are located; and inform Federal employees about and involve them in the achievement of these goals. It is further the policy of the United States that to achieve these goals and support their respective missions, agencies shall prioritize actions based on a full accounting of both economic and social benefits and costs and shall drive continuous improvement by annually evaluating performance, extending or expanding projects that have net benefits, and reassessing or discontinuing under-performing projects. Finally, it is also the policy of the United States that agencies’ efforts and outcomes in implementing this order shall be transparent and that agencies shall therefore disclose results associated with the actions taken pursuant to this order on publicly available Federal websites. Sec. 2. Goals for Agencies. In implementing the policy set forth in section 1 of this order, and preparing and implementing the Strategic Sustainability Performance Plan called for in section 8 of this order, the head of each agency shall: (a) within 90 days of the date of this order, establish and report to the Chair of the Council on Environmental Quality (CEQ Chair) and the Director of the Office of Management and Budget (OMB Director) a percent- age reduction target for agency-wide reductions of scope 1 and 2 green- house gas emissions in absolute terms by fiscal year 2020, relative to a fiscal year 2008 baseline of the agency’s scope 1 and 2 greenhouse gas emissions. Where appropriate, the target shall exclude direct emissions from excluded vehicles and equipment and from electric power produced and sold commercially to other parties in the course of regular business. This target shall be subject to review and approval by the CEQ Chair in consultation with the OMB Director under section 5 of this order. In establishing the target, the agency head shall consider reductions associ- ated with: (i) reducing energy intensity in agency buildings; VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52118 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents (ii) increasing agency use of renewable energy and implementing re- newable energy generation projects on agency property; and (iii) reducing the use of fossil fuels by: (A) using low greenhouse gas emitting vehicles including alternative fuel vehicles; (B) optimizing the number of vehicles in the agency fleet; and (C) reducing, if the agency operates a fleet of at least 20 motor vehi- cles, the agency fleet’s total consumption of petroleum products by a minimum of 2 percent annually through the end of fiscal year 2020, relative to a baseline of fiscal year 2005; (b) within 240 days of the date of this order and concurrent with submission of the Strategic Sustainability Performance Plan as described in section 8 of this order, establish and report to the CEQ Chair and the OMB Director a percentage reduction target for reducing agency-wide scope 3 greenhouse gas emissions in absolute terms by fiscal year 2020, relative to a fiscal year 2008 baseline of agency scope 3 emissions. This target shall be subject to review and approval by the CEQ Chair in consultation with the OMB Director under section 5 of this order. In establishing the target, the agency head shall consider reductions associated with: (i) pursuing opportunities with vendors and contractors to address and incorporate incentives to reduce greenhouse gas emissions (such as changes to manufacturing, utility or delivery services, modes of transportation used, or other changes in supply chain activities); (ii) implementing strategies and accommodations for transit, travel, training, and conferencing that actively support lower-carbon com- muting and travel by agency staff; (iii) greenhouse gas emission reductions associated with pursuing other relevant goals in this section; and (iv) developing and implementing innovative policies and practices to address scope 3 greenhouse gas emissions unique to agency oper- ations; (c) establish and report to the CEQ Chair and OMB Director a comprehen- sive inventory of absolute greenhouse gas emissions, including scope 1, scope 2, and specified scope 3 emissions (i) within 15 months of the date of this order for fiscal year 2010, and (ii) thereafter, annually at the end of January, for the preceding fiscal year. (d) improve water use efficiency and management by: (i) reducing potable water consumption intensity by 2 percent annu- ally through fiscal year 2020, or 26 percent by the end of fiscal year 2020, relative to a baseline of the agency’s water consumption in fis- cal year 2007, by implementing water management strategies including water-efficient and low-flow fixtures and efficient cooling towers; (ii) reducing agency industrial, landscaping, and agricultural water consumption by 2 percent annually or 20 percent by the end of fiscal year 2020 relative to a baseline of the agency’s industrial, land- scaping, and agricultural water consumption in fiscal year 2010; (iii) consistent with State law, identifying, promoting, and imple- menting water reuse strategies that reduce potable water consumption; and (iv) implementing and achieving the objectives identified in the stormwater management guidance referenced in section 14 of this order; (e) promote pollution prevention and eliminate waste by: (i) minimizing the generation of waste and pollutants through source reduction; (ii) diverting at least 50 percent of non-hazardous solid waste, exclud- ing construction and demolition debris, by the end of fiscal year 2015; (iii) diverting at least 50 percent of construction and demolition mate- rials and debris by the end of fiscal year 2015; (iv) reducing printing paper use and acquiring uncoated printing and writing paper containing at least 30 percent postconsumer fiber; VerDate Nov<24>2008 20:29 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52119 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents (v) reducing and minimizing the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of; (vi) increasing diversion of compostable and organic material from the waste stream; (vii) implementing integrated pest management and other appropriate landscape management practices; (viii) increasing agency use of acceptable alternative chemicals and processes in keeping with the agency’s procurement policies; (ix) decreasing agency use of chemicals where such decrease will as- sist the agency in achieving greenhouse gas emission reduction targets under section 2(a) and (b) of this order; and (x) reporting in accordance with the requirements of sections 301 through 313 of the Emergency Planning and Community Right-to- Know Act of 1986 (42 U.S.C. 11001 et seq.); (f) advance regional and local integrated planning by: (i) participating in regional transportation planning and recognizing existing community transportation infrastructure; (ii) aligning Federal policies to increase the effectiveness of local plan- ning for energy choices such as locally generated renewable energy; (iii) ensuring that planning for new Federal facilities or new leases includes consideration of sites that are pedestrian friendly, near exist- ing employment centers, and accessible to public transit, and empha- sizes existing central cities and, in rural communities, existing or planned town centers; (iv) identifying and analyzing impacts from energy usage and alter- native energy sources in all Environmental Impact Statements and En- vironmental Assessments for proposals for new or expanded Federal facilities under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.); and (v) coordinating with regional programs for Federal, State, tribal, and local ecosystem, watershed, and environmental management; (g) implement high performance sustainable Federal building design, con- struction, operation and management, maintenance, and deconstruction including by: (i) beginning in 2020 and thereafter, ensuring that all new Federal buildings that enter the planning process are designed to achieve zero-net-energy by 2030; (ii) ensuring that all new construction, major renovation, or repair and alteration of Federal buildings complies with the Guiding Principles for Federal Leadership in High Performance and Sustainable Build- ings, (Guiding Principles); (iii) ensuring that at least 15 percent of the agency’s existing buildings (above 5,000 gross square feet) and building leases (above 5,000 gross square feet) meet the Guiding Principles by fiscal year 2015 and that the agency makes annual progress toward 100-percent conformance with the Guiding Principles for its building inventory; (iv) pursuing cost-effective, innovative strategies, such as highly reflec- tive and vegetated roofs, to minimize consumption of energy, water, and materials; (v) managing existing building systems to reduce the consumption of energy, water, and materials, and identifying alternatives to renovation that reduce existing assets’ deferred maintenance costs; (vi) when adding assets to the agency’s real property inventory, identi- fying opportunities to consolidate and dispose of existing assets, opti- mize the performance of the agency’s real-property portfolio, and re- duce associated environmental impacts; and (vii) ensuring that rehabilitation of federally owned historic buildings utilizes best practices and technologies in retrofitting to promote long- term viability of the buildings; (h) advance sustainable acquisition to ensure that 95 percent of new contract actions including task and delivery orders, for products and serv- ices with the exception of acquisition of weapon systems, are energy- VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52120 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents efficient (Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT) certified), non-ozone depleting, contain recycled content, or are non-toxic or less- toxic alternatives, where such products and services meet agency perform- ance requirements; (i) promote electronics stewardship, in particular by: (i) ensuring procurement preference for EPEAT-registered electronic products; (ii) establishing and implementing policies to enable power manage- ment, duplex printing, and other energy-efficient or environmentally preferable features on all eligible agency electronic products; (iii) employing environmentally sound practices with respect to the agency’s disposition of all agency excess or surplus electronic prod- ucts; (iv) ensuring the procurement of Energy Star and FEMP designated electronic equipment; (v) implementing best management practices for energy-efficient man- agement of servers and Federal data centers; and (j) sustain environmental management, including by: (i) continuing implementation of formal environmental management systems at all appropriate organizational levels; and (ii) ensuring these formal systems are appropriately implemented and maintained to achieve the performance necessary to meet the goals of this order. Sec. 3. Steering Committee on Federal Sustainability. The OMB Director and the CEQ Chair shall: (a) establish an interagency Steering Committee (Steering Committee) on Federal Sustainability composed of the Federal Environmental Executive, designated under section 6 of Executive Order 13423 of January 24, 2007, and Agency Senior Sustainability Officers, designated under section 7 of this order, and that shall: (i) serve in the dual capacity of the Steering Committee on Strength- ening FederalEnvironmental, Energy, and Transportation Management designated by the CEQ Chair pursuant to section 4 of Executive Order 13423; (ii) advise the OMB Director and the CEQ Chair on implementation of this order; (iii) facilitate the implementation of each agency’s Strategic Sustain- ability Performance Plan; and (iv) share information and promote progress towards the goals of this order; (b) enlist the support of other organizations within the Federal Government to assist the Steering Committee in addressing the goals of this order; (c) establish and disband, as appropriate, interagency subcommittees of the Steering Committee, to assist the Steering Committee in carrying out its responsibilities; (d) determine appropriate Federal actions to achieve the policy of section 1 and the goals of section 2 of this order; (e) ensure that Federal agencies are held accountable for conformance with the requirements of this order; and (f) in coordination with the Department of Energy’s Federal Energy Manage- ment Program and the Office of the Federal Environmental Executive designated under section 6 of Executive Order 13423, provide guidance and assistance to facilitate the development of agency targets for greenhouse gas emission reductions required under subsections 2(a) and (b) of this order. Sec. 4. Additional Duties of the Director of the Office of Management and Budget. In addition to the duties of the OMB Director specified elsewhere in this order, the OMB Director shall: VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52121 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents (a) review and approve each agency’s multi-year Strategic Sustainability Performance Plan under section 8 of this order and each update of the Plan. The Director shall, where feasible, review each agency’s Plan concur- rently with OMB’s review and evaluation of the agency’s budget request; (b) prepare scorecards providing periodic evaluation of Federal agency performance in implementing this order and publish scorecard results on a publicly available website; and (c) approve and issue instructions to the heads of agencies concerning budget and appropriations matters relating to implementation of this order. Sec. 5. Additional Duties of the Chair of the Council on Environmental Quality. In addition to the duties of the CEQ Chair specified elsewhere in this order, the CEQ Chair shall: (a) issue guidance for greenhouse gas accounting and reporting required under section 2 of this order; (b) issue instructions to implement this order, in addition to instructions within the authority of the OMB Director to issue under subsection 4(c) of this order; (c) review and approve each agency’s targets, in consultation with the OMB Director, for agency-wide reductions of greenhouse gas emissions under section 2 of this order; (d) prepare, in coordination with the OMB Director, streamlined reporting metrics to determine each agency’s progress under section 2 of this order; (e) review and evaluate each agency’s multi-year Strategic Sustainability Performance Plan under section 8 of this order and each update of the Plan; (f) assess agency progress toward achieving the goals and policies of this order, and provide its assessment of the agency’s progress to the OMB Director; (g) within 120 days of the date of this order, provide the President with an aggregate Federal Government-wide target for reducing scope 1 and 2 greenhouse gas emissions in absolute terms by fiscal year 2020 relative to a fiscal year 2008 baseline; (h) within 270 days of the date of this order, provide the President with an aggregate Federal Government-wide target for reducing scope 3 green- house gas emissions in absolute terms by fiscal year 2020 relative to a fiscal year 2008 baseline; (i) establish and disband, as appropriate, interagency working groups to provide recommendations to the CEQ for areas of Federal agency oper- ational and managerial improvement associated with the goals of this order; and (j) administer the Presidential leadership awards program, established under subsection 4(c) of Executive Order 13423, to recognize exceptional and outstanding agency performance with respect to achieving the goals of this order and to recognize extraordinary innovation, technologies, and practices employed to achieve the goals of this order. Sec. 6. Duties of the Federal Environmental Executive. The Federal Environ- mental Executive designated by the President to head the Office of the Federal Environmental Executive, pursuant to section 6 of Executive Order 13423, shall: (a) identify strategies and tools to assist Federal implementation efforts under this order, including through the sharing of best practices from successful Federal sustainability efforts; and (b) monitor and advise the CEQ Chair and the OMB Director on the agencies’ implementation of this order and their progress in achieving the order’s policies and goals. Sec. 7. Agency Senior Sustainability Officers. (a) Within 30 days of the date of this order, the head of each agency shall designate from among VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52122 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents the agency’s senior management officials a Senior Sustainability Officer who shall be accountable for agency conformance with the requirements of this order; and shall report such designation to the OMB Director and the CEQ Chair. (b) The Senior Sustainability Officer for each agency shall perform the functions of the senior agency official designated by the head of each agency pursuant to section 3(d)(i) of Executive Order 13423 and shall be responsible for: (i) preparing the targets for agency-wide reductions and the inventory of greenhouse gas emissions required under subsections 2(a), (b), and (c) of this order; (ii) within 240 days of the date of this order, and annually thereafter, preparing and submitting to the CEQ Chair and the OMB Director, for their review and approval, a multi-year Strategic Sustainability Performance Plan (Sustainability Plan or Plan) as described in section 8 of this order; (iii) preparing and implementing the approved Plan in coordination with appropriate offices and organizations within the agency including the General Counsel, Chief Information Officer, Chief Acquisition Offi- cer, Chief Financial Officer, and Senior Real Property Officers, and in coordination with other agency plans, policies, and activities; (iv) monitoring the agency’s performance and progress in imple- menting the Plan, and reporting the performance and progress to the CEQ Chair and the OMB Director, on such schedule and in such for- mat as the Chair and the Director may require; and (v) reporting annually to the head of the agency on the adequacy and effectiveness of the agency’s Plan in implementing this order. Sec. 8. Agency Strategic Sustainability Performance Plan. Each agency shall develop, implement, and annually update an integrated Strategic Sus- tainability Performance Plan that will prioritize agency actions based on lifecycle return on investment. Each agency Plan and update shall be subject to approval by the OMB Director under section 4 of this order. With respect to the period beginning in fiscal year 2011 and continuing through the end of fiscal year 2021, each agency Plan shall: (a) include a policy statement committing the agency to compliance with environmental and energy statutes, regulations, and Executive Orders; (b) achieve the sustainability goals and targets, including greenhouse gas reduction targets, established under section 2 of this order; (c) be integrated into the agency’s strategic planning and budget process, including the agency’s strategic plan under section 3 of the Government Performance and Results Act of 1993, as amended (5 U.S.C. 306); (d) identify agency activities, policies, plans, procedures, and practices that are relevant to the agency’s implementation of this order, and where necessary, provide for development and implementation of new or revised policies, plans, procedures, and practices; (e) identify specific agency goals, a schedule, milestones, and approaches for achieving results, and quantifiable metrics for agency implementation of this order; (f) take into consideration environmental measures as well as economic and social benefits and costs in evaluating projects and activities based on lifecycle return on investment; (g) outline planned actions to provide information about agency progress and performance with respect to achieving the goals of this order on a publicly available Federal website; (h) incorporate actions for achieving progress metrics identified by the OMB Director and the CEQ Chair; (i) evaluate agency climate-change risks and vulnerabilities to manage the effects of climate change on the agency’s operations and mission in both the short and long term; and VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52123 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents (j) identify in annual updates opportunities for improvement and evaluation of past performance in order to extend or expand projects that have net lifecycle benefits, and reassess or discontinue under-performing projects. Sec. 9. Recommendations for Greenhouse Gas Accounting and Reporting. The Department of Energy, through its Federal Energy Management Program, and in coordination with the Environmental Protection Agency, the Depart- ment of Defense, the General Services Administration, the Department of the Interior, the Department of Commerce, and other agencies as appropriate, shall: (a) within 180 days of the date of this order develop and provide to the CEQ Chair recommended Federal greenhouse gas reporting and ac- counting procedures for agencies to use in carrying out their obligations under subsections 2(a), (b), and (c) of this order, including procedures that will ensure that agencies: (i) accurately and consistently quantify and account for greenhouse gas emissions from all scope 1, 2, and 3 sources, using accepted greenhouse gas accounting and reporting principles, and identify ap- propriate opportunities to revise the fiscal year 2008 baseline to ad- dress significant changes in factors affecting agency emissions such as reorganization and improvements in accuracy of data collection and estimation procedures or other major changes that would otherwise render the initial baseline information unsuitable; (ii) consider past Federal agency efforts to reduce greenhouse gas emissions; and (iii) consider and account for sequestration and emissions of green- house gases resulting from Federal land management practices; (b) within 1 year of the date of this order, to ensure consistent and accurate reporting under this section, provide electronic accounting and reporting capability for the Federal greenhouse gas reporting procedures developed under subsection (a) of this section, and to the extent practicable, ensure compatibility between this capability and existing Federal agency reporting systems; and (c) every 3 years from the date of the CEQ Chair’s issuance of the initial version of the reporting guidance, and as otherwise necessary, develop and provide recommendations to the CEQ Chair for revised Federal green- house gas reporting procedures for agencies to use in implementing sub- sections 2(a), (b), and (c) of this order. Sec. 10. Recommendations for Sustainable Locations for Federal Facilities. Within 180 days of the date of this order, the Department of Transportation, in accordance with its Sustainable Partnership Agreement with the Depart- ment of Housing and Urban Development and the Environmental Protection Agency, and in coordination with the General Services Administration, the Department of Homeland Security, the Department of Defense, and other agencies as appropriate, shall: (a) review existing policies and practices associated with site selection for Federal facilities; and (b) provide recommendations to the CEQ Chair regarding sustainable loca- tion strategies for consideration in Sustainability Plans. The recommenda- tions shall be consistent with principles of sustainable development includ- ing prioritizing central business district and rural town center locations, prioritizing sites well served by transit, including site design elements that ensure safe and convenient pedestrian access, consideration of transit access and proximity to housing affordable to a wide range of Federal employees, adaptive reuse or renovation of buildings, avoidance of develop- ment of sensitive land resources, and evaluation of parking management strategies. Sec. 11. Recommendations for Federal Local Transportation Logistics. Within 180 days of the date of this order, the General Services Administration, in coordination with the Department of Transportation, the Department of VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52124 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents the Treasury, the Department of Energy, the Office of Personnel Management, and other agencies as appropriate, shall review current policies and practices associated with use of public transportation by Federal personnel, Federal shuttle bus and vehicle transportation routes supported by multiple Federal agencies, and use of alternative fuel vehicles in Federal shuttle bus fleets, and shall provide recommendations to the CEQ Chair on how these policies and practices could be revised to support the implementation of this order and the achievement of its policies and goals. Sec. 12. Guidance for Federal Fleet Management. Within 180 days of the date of this order, the Department of Energy, in coordination with the General Services Administration, shall issue guidance on Federal fleet man- agement that addresses the acquisition of alternative fuel vehicles and use of alternative fuels; the use of biodiesel blends in diesel vehicles; the acquisi- tion of electric vehicles for appropriate functions; improvement of fleet fuel economy; the optimizing of fleets to the agency mission; petroleum reduction strategies, such as the acquisition of low greenhouse gas emitting vehicles and the reduction of vehicle miles traveled; and the installation of renewable fuel pumps at Federal fleet fueling centers. Sec. 13. Recommendations for Vendor and Contractor Emissions. Within 180 days of the date of this order, the General Services Administration, in coordination with the Department of Defense, the Environmental Protec- tion Agency, and other agencies as appropriate, shall review and provide recommendations to the CEQ Chair and the Administrator of OMB’s Office of Federal Procurement Policy regarding the feasibility of working with the Federal vendor and contractor community to provide information that will assist Federal agencies in tracking and reducing scope 3 greenhouse gas emissions related to the supply of products and services to the Govern- ment. These recommendations should consider the potential impacts on the procurement process, and the Federal vendor and contractor community including small businesses and other socioeconomic procurement programs. Recommendations should also explore the feasibility of: (a) requiring vendors and contractors to register with a voluntary registry or organization for reporting greenhouse gas emissions; (b) requiring contractors, as part of a new or revised registration under the Central Contractor Registration or other tracking system, to develop and make available its greenhouse gas inventory and description of efforts to mitigate greenhouse gas emissions; (c) using Federal Government purchasing preferences or other incentives for products manufactured using processes that minimize greenhouse gas emissions; and (d) other options for encouraging sustainable practices and reducing green- house gas emissions. Sec. 14. Stormwater Guidance for Federal Facilities. Within 60 days of the date of this order, the Environmental Protection Agency, in coordination with other Federal agencies as appropriate, shall issue guidance on the implementation of section 438 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17094). Sec. 15. Regional Coordination. Within 180 days of the date of this order, the Federal Environmental Executive shall develop and implement a regional implementation plan to support the goals of this order taking into account energy and environmental priorities of particular regions of the United States. Sec. 16. Agency Roles in Support of Federal Adaptation Strategy. In addition to other roles and responsibilities of agencies with respect to environmental leadership as specified in this order, the agencies shall participate actively in the interagency Climate Change Adaptation Task Force, which is already engaged in developing the domestic and international dimensions of a U.S. strategy for adaptation to climate change, and shall develop approaches through which the policies and practices of the agencies can be made compatible with and reinforce that strategy. Within 1 year of the date of VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52125 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents this order the CEQ Chair shall provide to the President, following consulta- tion with the agencies and the Climate Change Adaptation Task Force, as appropriate, a progress report on agency actions in support of the national adaptation strategy and recommendations for any further such measures as the CEQ Chair may deem necessary. Sec. 17. Limitations. (a) This order shall apply to an agency with respect to the activities, personnel, resources, and facilities of the agency that are located within the United States. The head of an agency may provide that this order shall apply in whole or in part with respect to the activities, personnel, resources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such application is in the interest of the United States. (b) The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with respect to which the head of the agency has not made a determina- tion under subsection (a) of this section, in a manner consistent with the policy set forth in section 1 of this order to the extent the head of the agency determines practicable. Sec. 18. Exemption Authority. (a) The Director of National Intelligence may exempt an intelligence activity of the United States, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 20, to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure. (b) The head of an agency may exempt law enforcement activities of that agency, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 20, to the extent the head of an agency determines necessary to protect under- cover operations from unauthorized disclosure. (c) (i) The head of an agency may exempt law enforcement, protective, emergency response, or military tactical vehicle fleets of that agency from the provisions of this order, other than this subsection and section 20. (ii) Heads of agencies shall manage fleets to which paragraph (i) of this subsection refers in a manner consistent with the policy set forth in section 1 of this order to the extent they determine practicable. (d) The head of an agency may exempt particular agency activities and facilities from the provisions of this order, other than this subsection and section 20, where it is in the interest of national security. If the head of an agency issues an exemption under this section, the agency must notify the CEQ Chair in writing within 30 days of issuance of the exemption under this subsection. To the maximum extent practicable, and without compromising national security, each agency shall strive to comply with the purposes, goals, and implementation steps in this order. (e) The head of an agency may submit to the President, through the CEQ Chair, a request for an exemption of an agency activity, and related personnel, resources, and facilities, from this order. Sec. 19. Definitions. As used in this order: (a) ‘‘absolute greenhouse gas emissions’’ means total greenhouse gas emis- sions without normalization for activity levels and includes any allowable consideration of sequestration; (b) ‘‘agency’’ means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Accountability Of- fice; (c) ‘‘alternative fuel vehicle’’ means vehicles defined by section 301 of the Energy Policy Act of 1992, as amended (42 U.S.C. 13211), and otherwise includes electric fueled vehicles, hybrid electric vehicles, plug-in hybrid electric vehicles, dedicated alternative fuel vehicles, dual fueled alternative VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52126 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents fuel vehicles, qualified fuel cell motor vehicles, advanced lean burn tech- nology motor vehicles, self-propelled vehicles such as bicycles and any other alternative fuel vehicles that are defined by statute; (d) ‘‘construction and demolition materials and debris’’ means materials and debris generated during construction, renovation, demolition, or dis- mantling of all structures and buildings and associated infrastructure; (e) ‘‘divert’’ and ‘‘diverting’’ means redirecting materials that might other- wise be placed in the waste stream to recycling or recovery, excluding diversion to waste-to-energy facilities; (f) ‘‘energy intensity’’ means energy consumption per square foot of build- ing space, including industrial or laboratory facilities; (g) ‘‘environmental’’ means environmental aspects of internal agency oper- ations and activities, including those aspects related to energy and transpor- tation functions; (h) ‘‘excluded vehicles and equipment’’ means any vehicle, vessel, aircraft, or non-road equipment owned or operated by an agency of the Federal Government that is used in: (i) combat support, combat service support, tactical or relief oper- ations, or training for such operations; (ii) Federal law enforcement (including protective service and inves- tigation); (iii) emergency response (including fire and rescue); or (iv) spaceflight vehicles (including associated ground-support equip- ment); (i) ‘‘greenhouse gases’’ means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride; (j) ‘‘renewable energy’’ means energy produced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project; (k) ‘‘scope 1, 2, and 3’’ mean; (i) scope 1: direct greenhouse gas emissions from sources that are owned or controlled by the Federal agency; (ii) scope 2: direct greenhouse gas emissions resulting from the gen- eration of electricity, heat, or steam purchased by a Federal agency; and (iii) scope 3: greenhouse gas emissions from sources not owned or directly controlled by a Federal agency but related to agency activities such as vendor supply chains, delivery services, and employee travel and commuting; (l) ‘‘sustainability’’ and ‘‘sustainable’’ mean to create and maintain condi- tions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future generations; (m) ‘‘United States’’ means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands, and associated territorial waters and airspace; (n) ‘‘water consumption intensity’’ means water consumption per square foot of building space; and (o) ‘‘zero-net-energy building’’ means a building that is designed, con- structed, and operated to require a greatly reduced quantity of energy to operate, meet the balance of energy needs from sources of energy that do not produce greenhouse gases, and therefore result in no net emissions of greenhouse gases and be economically viable. Sec. 20. General Provisions. VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 52127 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Presidential Documents (a) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the OMB Director relating to budgetary, administrative, or legislative proposals. (c) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 5, 2009. [FR Doc. E9–24518 Filed 10–7–09; 12:30 pm] Billing Code 3195–W9–P VerDate Nov<24>2008 19:24 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\08OCE0.SGM 08OCE0 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Federal Leadership in Environmental, Energy, and Economic Performance

2009-10-05T00:00:00

8f99f58b4f90a349ce9752247c131025630a17300553935198cf55718fa6260d

Presidential Executive Order

E9-24203 (13513)

Presidential Documents 51225 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Presidential Documents Executive Order 13513 of October 1, 2009 Federal Leadership On Reducing Text Messaging While Driv- ing By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7902(c) of title 5, United States Code, and the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 101 et seq., and in order to demonstrate Federal leadership in improving safety on our roads and highways and to enhance the efficiency of Federal contracting, it is hereby ordered as follows: Section 1. Policy. With nearly 3 million civilian employees, the Federal Government can and should demonstrate leadership in reducing the dangers of text messaging while driving. Recent deadly crashes involving drivers distracted by text messaging while behind the wheel highlight a growing danger on our roads. Text messaging causes drivers to take their eyes off the road and at least one hand off the steering wheel, endangering both themselves and others. Every day, Federal employees drive Government- owned, Government-leased, or Government-rented vehicles (collectively, GOV) or privately-owned vehicles (POV) on official Government business, and some Federal employees use Government-supplied electronic devices to text or e-mail while driving. A Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment will help save lives, reduce injuries, and set an example for State and local governments, private employers, and individual drivers. Extending this policy to cover Federal contractors is designed to promote economy and efficiency in Federal procurement. Federal contractors and contractor employees who refrain from the unsafe practice of text messaging while driving in connection with Government business are less likely to experience disruptions to their operations that would adversely impact Federal procurement. Sec. 2. Text Messaging While Driving by Federal Employees. Federal employ- ees shall not engage in text messaging (a) when driving GOV, or when driving POV while on official Government business, or (b) when using electronic equipment supplied by the Government while driving. Sec. 3. Scope of Order. (a) All agencies of the executive branch are directed to take appropriate action within the scope of their existing programs to further the policies of this order and to implement section 2 of this order. This includes, but is not limited to, considering new rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for Federal employ- ees about the safety risks associated with texting while driving. These initia- tives should encourage voluntary compliance with the agency’s text mes- saging policy while off duty. (b) Within 90 days of the date of this order, each agency is directed, consistent with all applicable laws and regulations: (i) to take appropriate measures to implement this order, (ii) to adopt measures to ensure compli- ance with section 2 of this order, including through appropriate discipli- nary actions, and (iii) to notify the Secretary of Transportation of the measures it undertakes hereunder. (c) Agency heads may exempt from the requirements of this order, in whole or in part, certain employees, devices, or vehicles in their respective VerDate Nov<24>2008 07:49 Oct 05, 2009 Jkt 022001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\06OCE0.SGM 06OCE0 CPrice-Sewell on DSKGBLS3C1PROD with RULES4 51226 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Presidential Documents agencies that are engaged in or used for protective, law enforcement, or national security responsibilities or on the basis of other emergency conditions. Sec. 4. Text Messaging While Driving by Government Contractors, Subcontrac- tors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, shall encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any work for or on behalf of the Government. Agencies should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as de- scribed in this section to conduct initiatives of the type described in section 3(a) of this order. Sec. 5. Coordination. The Secretary of Transportation, in consultation with the Administrator of General Services and the Director of the Office of Personnel Management, shall provide leadership and guidance to the heads of executive branch agencies to assist them with any action pursuant to this order. Sec. 6. Definitions. (a) The term ‘‘agency’’ as used in this order means an executive agency, as defined in 5 U.S.C. 105, except for the Government Accountability Office. (b) ‘‘Texting’’ or ‘‘Text Messaging’’ means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational infor- mation, or engaging in any other form of electronic data retrieval or electronic data communication. (c) ‘‘Driving’’ means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect or alter: (i) Authority granted by law or Executive Order to an agency, or the head thereof; (ii) Powers and duties of the heads of the various departments and agencies pursuant to the Highway Safety Act of 1966, as amended, 23 U.S.C. 402 and 403, section 19 of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 668, sections 7901 and 7902 of title 5, United States Code, or the Federal Property and Ad- ministrative Services Act of 1949, as amended, 40 U.S.C. 101 et seq.; (iii) Rights, duties, or procedures under the National Labor Relations Act, 29 U.S.C. 151 et seq.; or (iv) 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 Nov<24>2008 07:49 Oct 05, 2009 Jkt 022001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\06OCE0.SGM 06OCE0 CPrice-Sewell on DSKGBLS3C1PROD with RULES4 51227 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, October 1, 2009. [FR Doc. E9–24203 Filed 10–5–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 07:49 Oct 05, 2009 Jkt 022001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\06OCE0.SGM 06OCE0 OB#1.EPS</GPH> CPrice-Sewell on DSKGBLS3C1PROD with RULES4

Federal Leadership On Reducing Text Messaging While Driving

2009-10-01T00:00:00

47d24000d7eda41c4bc72d060083b69a2d05e70cd9eef872e6f77d406f22f7f7

Presidential Executive Order

E9-23915 (13512)

Presidential Documents 50911 Federal Register Vol. 74, No. 190 Friday, October 2, 2009 Title 3— The President Executive Order 13512 of September 29, 2009 Amending Executive Order 13390 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et seq.), and in order to extend the work of the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, Executive Order 13390 of November 1, 2005, as amended, is further amended by striking ‘‘September 30, 2009,’’ and inserting in lieu thereof ‘‘April 1, 2010.’’ THE WHITE HOUSE, Washington, September 29, 2009 [FR Doc. E9–23915 Filed 10–1–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 16:08 Oct 01, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 OB#1.EPS</GPH> pwalker on DSK8KYBLC1PROD with NOTICES

Amending Executive Order 13390

2009-09-29T00:00:00

584d563e3271f1cf4dbd15402749ab0d67b93e1b7ea6bcd10db354d9ba8f7a76

Presidential Executive Order

E9-15368 (13509)

Presidential Documents 30903 Federal Register Vol. 74, No. 122 Friday, June 26, 2009 Title 3— The President Executive Order 13509 of June 23, 2009 Establishing a White House Council on Automotive Commu- nities and Workers By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Over the last decade, the United States has experienced a decline in employment in the auto industry and among part suppliers. This decline has accelerated dramatically over the past year, with more than 400,000 jobs being lost in the industry. Unemployment in the automotive sector in towns and cities across the country has reached levels not seen in decades, with resulting increases in poverty and high home foreclosure rates. The purpose of this order is to establish a coordinated Federal response to issues that particularly impact automotive communities and workers and to ensure that Federal programs and policies address and take into account these concerns. Sec. 2. White House Council on Automotive Communities and Workers. There is established within the Executive Office of the President the White House Council on Automotive Communities and Workers (Council). (a) Membership. The Council shall consist of the following members: (1) the Secretary of Labor and the Assistant to the President for Economic Policy and Director of the National Economic Council, who shall serve as Co-Chairs of the Council; (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 Health and Human Services; (9) the Secretary of Housing and Urban Development; (10) the Secretary of Transportation; (11) the Secretary of Energy; (12) the Secretary of Education; (13) the Secretary of Veterans Affairs; (14) the Chair of the Council of Economic Advisers; (15) the Administrator of the Environmental Protection Agency; (16) the Director of the Office of Management and Budget; (17) the United States Trade Representative; (18) the Administrator of General Services; (19) the Administrator of the Small Business Administration; (20) the Senior Advisor and Assistant to the President for Intergovern- mental Affairs and Public Engagement; VerDate Nov<24>2008 17:34 Jun 25, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26JNE0.SGM 26JNE0 30904 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Presidential Documents (21) the Assistant to the President and Cabinet Secretary; (22) the Assistant to the President and Director of the Domestic Policy Council; (23) the Chair of the Council on Environmental Quality; (24) the Assistant to the President for Energy and Climate Change; and (25) the heads of such other executive departments, 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 depart- ment, agency, or office, and who is a full-time officer or employee of the Federal Government. (b) Administration. The Co-Chairs shall convene regular meetings of the Council, determine its agenda, and direct its work. The Director for Recovery of Auto Communities and Workers (Director of Recovery) shall serve as Executive Director of the Council and shall coordinate the Council’s activities. At the direction of the Co-Chairs, the Council may establish subgroups consisting exclusively of Council members or their designees, as appropriate. Sec. 3. Mission and Functions. The Council shall perform the following functions, to the extent permitted by law: (a) Provide leadership and coordinate the development of policies and programs across executive departments and agencies to ensure a coordinated Federal response to issues that have a distinct impact on automotive commu- nities and workers; (b) Advise the President on the effects of pending legislation and executive branch policy proposals on automotive communities and workers; (c) Provide recommendations to the President on changes to Federal poli- cies and programs to address issues of special importance to automotive communities and workers; and (d) Help ensure that officials across the executive branch, including officials on existing committees or task forces addressing automotive issues, advance the President’s agenda for automotive communities and support the Director of Recovery’s coordination of Federal economic adjustment assistance activi- ties. Such support may include the use of personnel, technical expertise, and available financial resources. It may be used to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and communities adversely affected by auto industry changes. Sec. 4. Outreach. Consistent with the objectives set forth in this order, the Council, in accordance with applicable law, in addition to regular meet- ings, shall conduct outreach to representatives of nonprofit organizations, business, labor, 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. Sec. 5. Termination. The Council shall terminate 2 years after the date of this order unless extended by the President. Sec. 6. 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) Executive departments and agencies shall afford consideration to re- quests from automotive communities for Federal technical assistance, finan- cial resources, excess or surplus property, or other resources. (c) 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 VerDate Nov<24>2008 17:34 Jun 25, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26JNE0.SGM 26JNE0 30905 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Presidential Documents (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (d) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, June 23, 2009. [FR Doc. E9–15368 Filed 6–25–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 17:34 Jun 25, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\26JNE0.SGM 26JNE0 OB#1.EPS</GPH>

Establishing a White House Council on Automotive Communities and Workers

2009-06-23T00:00:00

4fe6c516c7219d240614a22aaf87ac77d10957bbbae28a22af8fdf7ae50cec03

Presidential Executive Order

E9-23886 (13511)

Presidential Documents 50909 Federal Register Vol. 74, No. 189 Thursday, October 1, 2009 Title 3— The President Executive Order 13511 of September 29, 2009 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, 2011. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security). (c) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor). (d) President’s Board of Advisors on Historically Black Colleges and Univer- sities; Executive Order 13256 (Department of Education). (e) President’s Board of Advisors on Tribal Colleges and Universities; Executive Order 13270 (Department of Education). (f) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (g) President’s Committee for People with Intellectual Disabilities; Execu- tive Order 12994, as amended (Department of Health and Human Services). (h) President’s Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (i) President’s Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (j) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (k) President’s Council on Physical Fitness and Sports; Executive Order 13265 (Department of Health and Human Services). (l) President’s Council of Advisors on Science and Technology; Executive Order 13226, as amended (Office of Science and Technology Policy). (m) President’s Export Council; Executive Order 12131, as amended (De- partment of Commerce). (n) President’s National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (o) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative). 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 Nov<24>2008 20:38 Sep 30, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 jlentini on DSKJ8SOYB1PROD with FRE0 50910 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Presidential Documents Sec. 3. Sections 1 and 2 of Executive Order 13446 are superseded by sections 1 and 2 of this order. Sec. 4. This order shall be effective September 30, 2009. THE WHITE HOUSE, September 29, 2009. [FR Doc. E9–23886 Filed 9–30–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 20:38 Sep 30, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 OB#1.EPS</GPH> jlentini on DSKJ8SOYB1PROD with FRE0

Continuance of Certain Federal Advisory Committees

2009-09-29T00:00:00

6418004f4d4dc071e09db627f87ecff266a74a098cb7f96623a010ff58b4bce2

Presidential Executive Order

E9-16034 (13510)

Presidential Documents 32047 Federal Register Vol. 74, No. 127 Monday, July 6, 2009 Title 3— The President Executive Order 13510 of July 1, 2009 Waiver Under the Trade Act of 1974 With Respect to the Republic of Belarus By the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 402(c)(2) of the Trade Act of 1974, as amended (the ‘‘Act’’) (19 U.S.C. 2432(c)(2)), which continues to apply to the Republic of Belarus pursuant to subsection 402(d) of the Act (19 U.S.C. 2432(d)), and having made the report to the Congress set forth in subsection 402(c)(2), I hereby waive the application of subsections (a) and (b) of section 402 of the Act with respect to the Republic of Belarus. THE WHITE HOUSE, July 1, 2009. [FR Doc. E9–16034 Filed 7–2–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 11:17 Jul 02, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYE0.SGM 06JYE0 OB#1.EPS</GPH> cprice-sewell on PROD1PC69 with NOTICES2

Waiver Under the Trade Act of 1974 With Respect to the Republic of Belarus

2009-07-01T00:00:00

7c42334ddd218a51f0a85a388e84246cc8d3e9e9bb3e5a4f1e5a6b66ae7f5457

Presidential Executive Order

E9-31098 (13525)

Presidential Documents 69231 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents Executive Order 13525 of December 23, 2009 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 laws cited herein, it is hereby ordered as follows: Section 1. Statutory Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303 and section 744 of Division C of the Consolidated Appropriations Act, 2010 (Public Law 111–117, December 16, 2009), 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 section 601 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84, October 28, 2009), 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 section 744 of Division C of the Consolidated Appropriations Act, 2010 (Public Law 111–117, December 16, 2009), 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. The rates of basic pay for administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2010. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2010. VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69232 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13483 of December 18, 2008, is superseded. THE WHITE HOUSE, December 23, 2009. Billing code 3195–W0–P VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 OB#1.EPS</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69233 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.006</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69234 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.007</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69235 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.008</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69236 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.009</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69237 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.010</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69238 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.011</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69239 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.012</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69240 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.013</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69241 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.014</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3 69242 Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Presidential Documents [FR Doc. E9–31098 Filed 12–29–09; 8:45 am] Billing code 6325–01–C VerDate Nov<24>2008 15:36 Dec 29, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4790 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 ED30DE09.015</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC3

Adjustments of Certain Rates of Pay

2009-12-23T00:00:00

28072eb06d6919300b1d043292b67815f906eaf63a01a830fa16ebdf9a64aa2f

Presidential Executive Order

E9-5802 (13506)

Presidential Documents 11271 Federal Register Vol. 74, No. 49 Monday, March 16, 2009 Title 3— The President Executive Order 13506 of March 11, 2009 Establishing a White House Council on Women And Girls 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. Over the past generation, our society has made tremendous progress in eradicating barriers to women’s success. A record number of women are attending college and graduate school. Women make up a growing share of our workforce, and more women are corporate executives and business owners than ever before, helping boost the U.S. economy and foster U.S. competitiveness around the world. Today, women are serving at the highest levels of all branches of our Government. Despite this progress, certain inequalities continue to persist. On average, American women continue to earn only about 78 cents for every dollar men make, and women are still significantly underrepresented in the science, engineering, and technology fields. Far too many women lack health insur- ance, and many are unable to take time off to care for a new baby or an ailing family member. Violence against women and girls remains a global epidemic. The challenge of ensuring equal educational opportunities for women and girls endures. As the current economic crisis has swept across our Nation, women have been seriously affected. These issues do not concern just women. When jobs do not offer family leave, that affects men who wish to help care for their families. When women earn less than men for the same work, that affects families who have to work harder to make ends meet. When our daughters do not have the same educational and career opportunities as our sons, that affects entire communities, our economy, and our future as a Nation. The purpose of this order is to establish a coordinated Federal response to issues that particularly impact the lives of women and girls and to ensure that Federal programs and policies address and take into account the distinctive concerns of women and girls, including women of color and those with disabilities. Sec. 2. White House Council on Women and Girls. There is established within the Executive Office of the President a White House Council on Women and Girls (Council). (a) Membership of the Council. The Council shall consist of the following members: (1) the Senior Advisor and Assistant to the President for Intergovern- mental Affairs and Public Liaison, who shall serve as Chair of the Council; (2) the Secretary of State; (3) the Secretary of the Treasury; (4) the Secretary of Defense; (5) the Attorney General; (6) the Secretary of the Interior; (7) the Secretary of Agriculture; (8) the Secretary of Commerce; (9) the Secretary of Labor; (10) the Secretary of Health and Human Services; (11) the Secretary of Housing and Urban Development; (12) the Secretary of Transportation; (13) the Secretary of Energy; VerDate Nov<24>2008 18:09 Mar 13, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\16MRE0.SGM 16MRE0 11272 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Presidential Documents (14) the Secretary of Education; (15) the Secretary of Veterans Affairs; (16) the Secretary of Homeland Security; (17) the Representative of the United States of America to the United Nations; (18) the United States Trade Representative; (19) the Director of the Office of Management and Budget; (20) the Administrator of the Environmental Protection Agency; (21) the Chair of the Council of Economic Advisers; (22) the Director of the Office of Personnel Management; (23) the Administrator of the Small Business Administration; (24) the Assistant to the President and Director of the Domestic Policy Council; (25) the Assistant to the President for Economic Policy and Director of the National Economic Council; and (26) the heads of such other executive branch departments, 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 department, agency, or office, and who is a full-time officer or employee of the Federal Government. At the direction of the Chair, the Council may establish subgroups consisting exclusively of Council members or their designees under this section, as appropriate. (b) Administration of the Council. The Department of Commerce shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations. The Chair shall convene regular meetings of the Council, determine its agenda, and direct its work. The Chair shall designate an Executive Director of the Council, who shall coordinate the work of the Council and head any staff assigned to the Council. Sec. 3. Mission and Functions of the Council. The Council shall work across executive departments and agencies to provide a coordinated Federal response to issues that have a distinct impact on the lives of women and girls, including assisting women-owned businesses to compete internationally and working to increase the participation of women in the science, engineer- ing, and technology workforce, and to ensure that Federal programs and policies adequately take those impacts into account. The Council shall be responsible for providing recommendations to the President on the effects of pending legislation and executive branch policy proposals; for suggesting changes to Federal programs or policies to address issues of special impor- tance to women and girls; for reviewing and recommending changes to policies that have a distinct impact on women in the Federal workforce; and for assisting in the development of legislative and policy proposals of special importance to women and girls. The functions of the Council are advisory only. Sec. 4. Outreach. Consistent with the objectives set out in this order, the Council, in accordance with applicable law, in addition to regular meetings, shall conduct outreach with representatives of nonprofit organizations, State and local government agencies, elected officials, and other interested persons that will assist with the Council’s development of a detailed set of rec- ommendations. Sec. 5. Federal Interagency Plan. The Council shall, within 150 days of the date of this order, develop and submit to the President a Federal inter- agency plan with recommendations for interagency action consistent with the goals of this order. The Federal interagency plan shall include an assess- ment by each member executive department, agency, or office of the status and scope of its efforts to further the progress and advancement of women and girls. Such an assessment shall include a report on the status of any offices or programs that have been created to develop, implement, or monitor targeted initiatives concerning women or girls. The Federal interagency plan shall also include recommendations for issues, programs, or initiatives that VerDate Nov<24>2008 18:09 Mar 13, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\16MRE0.SGM 16MRE0 11273 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Presidential Documents should be further evaluated or studied by the Council. The Council shall review and update the Federal interagency plan periodically, as appropriate, and shall present to the President any updated recommendations or findings. Sec. 6. 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. (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 11, 2009. [FR Doc. E9–5802 Filed 3–13–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 18:09 Mar 13, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\16MRE0.SGM 16MRE0 OB#1.EPS</GPH>

Establishing a White House Council on Women And Girls

2009-03-11T00:00:00

7dad3a868dd584f6619bb45948bbb7a7639127075eb9ac9023aae102c1981937

Presidential Executive Order

E9-5441 (13505)

Presidential Documents 10667 Federal Register Vol. 74, No. 46 Wednesday, March 11, 2009 Title 3— The President Executive Order 13505 of March 9, 2009 Removing Barriers to Responsible Scientific Research Involv- ing Human Stem Cells 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. Research involving human embryonic stem cells and human non-embryonic stem cells has the potential to lead to better understanding and treatment of many disabling diseases and conditions. Advances over the past decade in this promising scientific field have been encouraging, leading to broad agreement in the scientific community that the research should be supported by Federal funds. For the past 8 years, the authority of the Department of Health and Human Services, including the National Institutes of Health (NIH), to fund and conduct human embryonic stem cell research has been limited by Presidential actions. The purpose of this order is to remove these limitations on scientific inquiry, to expand NIH support for the exploration of human stem cell research, and in so doing to enhance the contribution of America’s scientists to important new discoveries and new therapies for the benefit of humankind. Sec. 2. Research. The Secretary of Health and Human Services (Secretary), through the Director of NIH, may support and conduct responsible, scientif- ically worthy human stem cell research, including human embryonic stem cell research, to the extent permitted by law. Sec. 3. Guidance. Within 120 days from the date of this order, the Secretary, through the Director of NIH, shall review existing NIH guidance and other widely recognized guidelines on human stem cell research, including provi- sions establishing appropriate safeguards, and issue new NIH guidance on such research that is consistent with this order. The Secretary, through NIH, shall review and update such guidance periodically, as appropriate. 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) 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 is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 Nov<24>2008 15:51 Mar 10, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11MRE0.SGM 11MRE0 rwilkins on PROD1PC63 with NOTICES 10668 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Presidential Documents Sec. 5. Revocations. (a) The Presidential statement of August 9, 2001, limiting Federal funding for research involving human embryonic stem cells, shall have no further effect as a statement of governmental policy. (b) Executive Order 13435 of June 20, 2007, which supplements the August 9, 2001, statement on human embryonic stem cell research, is revoked. THE WHITE HOUSE, March 9, 2009. [FR Doc. E9–5441 Filed 3–10–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 15:51 Mar 10, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11MRE0.SGM 11MRE0 OB#1.EPS</GPH> rwilkins on PROD1PC63 with NOTICES

Removing Barriers to Responsible Scientific Research Involving Human Stem Cells

2009-03-09T00:00:00

ecdc0892fd77538984170c5e4dcbb9314fd102f2143457cecc6f518c244d03e4

Presidential Executive Order

E9-8572 (13507)

Presidential Documents 17071 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Presidential Documents Executive Order 13507 of April 8, 2009 Establishment of the White House Office of Health Reform By the authority vested in me as President by the Constitution and the laws of the United States of America, and in the interest of providing all Americans access to affordable and high-quality health care, it is hereby ordered as follows: Section 1. Policy. Reforming the health care system is a key goal of my Administration. The health care system suffers from serious and pervasive problems; access to health care is constrained by high and rising costs; and the quality of care is not consistent and must be improved, in order to improve the health of our citizens and our economic security. Sec. 2. Establishment. (a) There is established a White House Office of Health Reform (Health Reform Office) within the Executive Office of the President that will provide leadership to the executive branch in establishing policies, priorities, and objectives for the Federal Government’s comprehen- sive effort to improve access to health care, the quality of such care, and the sustainability of the health care system. (b) The Secretary of Health and Human Services, to the extent permitted by law, shall establish within the Department of Health and Human Services (HHS) an Office of Health Reform, which shall coordinate closely with the White House Office of Health Reform. Sec. 3. Functions. The principal functions of the Health Reform Office, to the extent permitted by law, are to: (a) provide leadership for and to coordinate the development of the Admin- istration’s policy agenda across executive departments and agencies con- cerning the provision of high-quality, affordable, and accessible health care and to slow the growth of health costs; this shall include coordinating policy development with the Domestic Policy Council, National Economic Council, Council of Economic Advisers, Office of Management and Budget, HHS, Office of Personnel Management, and such other executive departments and agencies as the Director of the Health Reform Office may deem appro- priate; (b) work with executive departments and agencies to ensure that Federal Government policy decisions and programs are consistent with the Presi- dent’s stated goals with respect to health reform; (c) integrate the President’s policy agenda concerning health reform across the Federal Government; (d) coordinate public outreach activities conducted by executive depart- ments and agencies designed to gather input from the public, from demonstra- tion and pilot projects, and from public-private partnerships on the problems and priorities for policy measures designed to meet the President’s goals for improvement of the health care system; (e) bring to the President’s attention concerns, ideas, and policy options for strengthening, increasing the efficiency, and improving the quality of the health care system; (f) work with State, local, and community policymakers and public officials to expand coverage, improve quality and efficiency, and slow the growth of health costs; VerDate Nov<24>2008 20:09 Apr 10, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\13APD1.SGM 13APD1 17072 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Presidential Documents (g) develop and implement strategic initiatives under the President’s agenda to strengthen the public agencies and private organizations that can improve the performance of the health care system; (h) work with the Congress and executive departments and agencies to eliminate unnecessary legislative, regulatory, and other bureaucratic barriers that impede effective delivery of efficient and high-quality health care; (i) monitor implementation of the President’s agenda on health reform; and (j) help ensure that policymakers across the executive branch work toward the President’s health care agenda. Sec. 4. Administration. (a) The Health Reform Office may work with estab- lished or ad hoc committees, task forces, or interagency groups. (b) The Health Reform Office shall have a staff headed by the Director of the Health Reform Office (Director). The Health Reform Office shall have such staff and other assistance as may be necessary to carry out the provisions of this order. (c) As requested by the Director, each executive department and agency shall designate a liaison to work with the Health Reform Office on improving access to health care, the quality of health care, and the sustainability of the health care system. (d) All executive departments and agencies shall cooperate with the Health Reform Office and provide such information, support, and assistance to the Health Reform Office as it may request, to the extent permitted by law. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a 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 shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Nov<24>2008 20:09 Apr 10, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\13APD1.SGM 13APD1 17073 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / 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 8, 2009. [FR Doc. E9–8572 Filed 4–10–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 20:09 Apr 10, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\13APD1.SGM 13APD1 OB#1.EPS</GPH>

Establishment of the White House Office of Health Reform

2009-04-08T00:00:00

93c2b5be6d1643a65788f0464c632f63186bad4692e2e9403f8ad1c9e2aada01

Presidential Executive Order

E9-4068 (13503)

Presidential Documents 8139 Federal Register Vol. 74, No. 35 Tuesday, February 24, 2009 Title 3— The President Executive Order 13503 of February 19, 2009 Establishment of the White House Office of Urban 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 take a coordinated and comprehensive approach to developing and implementing an effective strategy concerning urban America, it is hereby ordered as follows: Section 1. Policy. About 80 percent of Americans live in urban areas, and the economic health and social vitality of our urban communities are criti- cally important to the prosperity and quality of life for Americans. Vibrant cities spawn innovation, economic growth, and cultural enrichment through the businesses, universities, and civic, cultural, religious, and nonprofit insti- tutions they attract. Forward-looking policies that encourage wise investment and development in our urban areas will create employment and housing opportunities and make our country more competitive, prosperous, and strong. In the past, insufficient attention has been paid to the problems faced by urban areas and to coordinating the many Federal programs that affect our cities. A more comprehensive approach is needed, both to develop an effective strategy for urban America and to coordinate the actions of the many executive departments and agencies whose actions impact urban life. Sec. 2. Establishment. There is established within the Executive Office of the President the White House Office of Urban Affairs (the ‘‘Office’’). Sec. 3. Functions. The principal functions of the Office are, to the extent permitted by law: (a) to provide leadership for and coordinate the development of the policy agenda for urban America across executive departments and agencies; (b) to coordinate all aspects of urban policy; (c) to work with executive departments and agencies to ensure that appro- priate consideration is given by such departments and agencies to the poten- tial impact of their actions on urban areas; (d) to work with executive departments and agencies, including the Office of Management and Budget, to ensure that Federal Government dollars tar- geted to urban areas are effectively spent on the highest-impact programs; and (e) to engage in outreach and work closely with State and local officials, with nonprofit organizations, and with the private sector, both in seeking input regarding the development of a comprehensive urban policy and in ensuring that the implementation of Federal programs advances the objectives of that policy. Sec. 4. Coordination. In performing its functions, the Office shall work closely with all relevant executive departments and agencies, and offices and councils within the Executive Office of the President, including but not limited to: (a) the Department of the Treasury; (b) the Department of Justice; (c) the Department of Commerce; (d) the Department of Labor; (e) the Department of Health and Human Services; VerDate Nov<24>2008 07:50 Feb 23, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\24FEE0.SGM 24FEE0 yshivers on PROD1PC62 with MISCELLANEOUS 8140 Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Presidential Documents (f) the Department of Housing and Urban Development; (g) the Department of Transportation; (h) the Department of Energy; (i) the Department of Education; and (j) the Environmental Protection Agency. Sec. 5. Administration. (a) The Office may work with established or ad hoc committees, task forces, and interagency groups. (b) The Office shall have a staff headed by the Deputy Assistant to the President and Director of Urban Affairs (Director). The Director shall report jointly to the Assistant to the President for Intergovernmental Affairs and Public Liaison and to the Assistant to the President for Domestic Policy. The Office shall have such staff and other assistance as may be necessary to carry out the provisions of this order. (c) All executive departments and agencies shall cooperate with the Office and provide such information, support, and assistance to the Office as the Director may request, to the extent permitted by law. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a 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 shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, February 19, 2009. [FR Doc. E9–4068 Filed 2–23–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 07:50 Feb 23, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\24FEE0.SGM 24FEE0 OB#1.EPS</GPH> yshivers on PROD1PC62 with MISCELLANEOUS

Establishment of the White House Office of Urban Affairs

2009-02-19T00:00:00

f00f03cc65f0e519383e27b176aa316132841631c0bac755ead3c5a4acc8a3ae

Presidential Executive Order

E9-3106 (13499)

Presidential Documents 6979 Federal Register Vol. 74, No. 27 Wednesday, February 11, 2009 Title 3— The President Executive Order 13499 of February 5, 2009 Further Amendments to Executive Order 12835, Establish- ment of the National Economic 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: Executive Order 12835 of January 25, 1993, as amended, is further amended by: (a) inserting ‘‘(l) Secretary of Health and Human Services; (m) Secretary of Education; (n) Senior Advisor and Assistant to the President for Intergov- ernmental Affairs and Public Liaison; (o) Assistant to the President for Energy and Climate Change; (p) Assistant to the President and Chief Tech- nology Officer; (q) Administrator of the Small Business Administration’’ after ‘‘(k) Secretary of Homeland Security;’’ in section 2; and (b) relettering the subsequent subsections in section 2 appropriately. THE WHITE HOUSE, February 5, 2009. [FR Doc. E9–3106 Filed 2–10–09; 1:00 pm] Billing code 3195–W9–P VerDate Nov<24>2008 18:50 Feb 10, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11FEE0.SGM 11FEE0 OB#1.EPS</GPH> rwilkins on PROD1PC63 with MISCELLANEOUS

Further Amendments to Executive Order 12835, Establishment of the National Economic Council

2009-02-05T00:00:00

583626530b3343cfe5e4e2a98ac631d6178c1540ac206f516404caa4746d2822

Presidential Executive Order

E9-4103 (13504)

Presidential Documents 8431 Federal Register Vol. 74, No. 35 Tuesday, February 24, 2009 Title 3— The President Executive Order 13504 of February 20, 2009 Amending Executive Order 13390 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121– 5206), and in order to extend the work of the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, Executive Order 13390 of November 1, 2005, as amended, is further amended by striking ‘‘February 28, 2009’’ and inserting in lieu thereof ‘‘September 30, 2009’’. THE WHITE HOUSE, February 20, 2009. [FR Doc. E9–4103 Filed 2–23–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 18:20 Feb 23, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24FEE1.SGM 24FEE1 OB#1.EPS</GPH> mstockstill on PROD1PC66 with FEDREGE1

Amending Executive Order 13390

2009-02-20T00:00:00

2f2734137f93af37ea39ed45ea2237eccb73107e0b56351c008ba05b33b7e88e

Presidential Executive Order

E9-3108 (13500)

Presidential Documents 6981 Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / Presidential Documents Executive Order 13500 of February 5, 2009 Further Amendments to Executive Order 12859, Establish- ment of the Domestic Policy Council By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Executive Order 12859 of August 16, 1993, as amended, is further amended by making the following revisions in section 2: (a) striking ‘‘(u) Assistant to the President and Director of the Office of National Service;’’ and inserting in lieu thereof ‘‘(u) Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Liaison;’’; (b) striking ‘‘(v) Senior Advisor to the President for Policy Development;’’ and inserting in lieu thereof ‘‘(v) Assistant to the President for Energy and Climate Change;’’; (c) striking ‘‘(x) AIDS Policy Coordinator; and’’ and inserting in lieu thereof ‘‘(x) Assistant to the President and Chief Technology Officer;’’; (d) inserting ‘‘(y) Chief Executive Officer, Corporation for National and Com- munity Service’’ and ‘‘(z) Director of the Office of Science and Technology Policy; and’’; and (e) relettering the subsequent subsection in section 2 as ‘‘(aa)’’. THE WHITE HOUSE, February 5, 2009. [FR Doc. E9–3108 Filed 2–10–09; 1:00 pm] Billing code 3195–W9–P VerDate Nov<24>2008 18:50 Feb 10, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11FEE1.SGM 11FEE1 OB#1.EPS</GPH> rwilkins on PROD1PC63 with MISCELLANEOUS

Further Amendments to Executive Order 12859, Establishment of the Domestic Policy Council

2009-02-05T00:00:00

7234c647f322b7d56d5d04763935f69d1bc71450a0d33527bc6dd5153fc63cc0

Presidential Executive Order

E9-3112 (13501)

Presidential Documents 6983 Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / Presidential Documents Executive Order 13501 of February 6, 2009 Establishment of the President’s Economic Recovery Advisory Board 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 the strength and competitiveness of the Nation’s economy and the prosperity of the American people by ensuring the availability of independent, nonpartisan information, analysis, and advice to the President as he formulates and implements his plans for economic recovery, it is hereby ordered as follows: Section 1. There is hereby established within the Department of the Treasury the President’s Economic Recovery Advisory Board (PERAB). The PERAB shall consist of not more than 17 members, who shall be appointed by the President from among distinguished citizens from outside the Government who are qualified on the basis of achievement, experience, independence, and integrity. The overall membership of the PERAB shall reflect a diverse set of perspectives from across the country and from various sectors of the economy. The President shall designate a Chair from among the members. The Chair shall appoint a Staff Director, who shall supervise the staff of the PERAB. Sec. 2. The functions of the PERAB are advisory only. The PERAB shall meet regularly and shall: (a) solicit information and ideas from across the country and from all sectors of our economy about the functioning of the economy, the condition of the financial and banking system, and the prosperity of the American people and of American industry that can serve to inform the decisionmaking of the President, and, with respect to matters deemed appropriate by the President, provide information and recommendations to any other agency with responsibilities related to the economy or financial markets or to the National Economic Council; (b) report directly to the President on the design, implementation, and evaluation of policies to promote the growth of the American economy, establish a stable and sound financial and banking system, create jobs, and improve the long-term prosperity of the American people; and (c) provide analysis and information with respect to the operation, regula- tion, and healthy functioning of the economy and of the financial and banking system. 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, to any other agency with responsibilities related to the economy or financial markets, or to the National Economic Council. Sec. 3. Administration of the PERAB. (a) All executive departments and agencies and all entities within the Executive Office of the President shall cooperate with the PERAB and provide such information and assistance to the PERAB as the PERAB may request, to the extent permitted by law. (b) The Department of the Treasury shall provide funding and administra- tive support for the PERAB to the extent permitted by law and within existing appropriations. (c) Members of the PERAB shall serve without compensation but may receive transportation expenses, including per diem in lieu of subsistence, VerDate Nov<24>2008 18:51 Feb 10, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11FEE2.SGM 11FEE2 rwilkins on PROD1PC63 with MISCELLANEOUS 6984 Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / Presidential Documents as authorized 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 PERAB shall terminate 2 years after the date of this order unless extended by the President. Sec. 5. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the ‘‘Act’’), may apply to the PERAB, 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, February 6, 2009. [FR Doc. E9–3112 Filed 2–10–09; 1:00 pm] Billing code 3195–W9–P VerDate Nov<24>2008 18:51 Feb 10, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\11FEE2.SGM 11FEE2 OB#1.EPS</GPH> rwilkins on PROD1PC63 with MISCELLANEOUS

Establishment of the President's Economic Recovery Advisory Board

2009-02-06T00:00:00

8e2b73a98e792b3bb0f376a2f523e35b17dd5111af5d850b4c8b34f63c3fa5af

Presidential Executive Order

E9-3113 (13502)

Presidential Documents 6985 Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / Presidential Documents Executive Order 13502 of February 6, 2009 Use of Project Labor Agreements for Federal Construction Projects By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote the efficient administration and completion of Federal construction projects, it is hereby ordered that: Section 1. Policy. (a) Large-scale construction projects pose special challenges to efficient and timely procurement by the Federal Government. Construction employers typically do not have a permanent workforce, which makes it difficult for them to predict labor costs when bidding on contracts and to ensure a steady supply of labor on contracts being performed. Challenges also arise due to the fact that construction projects typically involve multiple employers at a single location. A labor dispute involving one employer can delay the entire project. A lack of coordination among various employers, or uncertainty about the terms and conditions of employment of various groups of workers, can create frictions and disputes in the absence of an agreed-upon resolution mechanism. These problems threaten the efficient and timely completion of construction projects undertaken by Federal con- tractors. On larger projects, which are generally more complex and of longer duration, these problems tend to be more pronounced. (b) The use of a project labor agreement may prevent these problems from developing by providing structure and stability to large-scale construc- tion projects, thereby promoting the efficient and expeditious completion of Federal construction contracts. Accordingly, it is the policy of the Federal Government to encourage executive agencies to consider requiring the use of project labor agreements in connection with large-scale construction projects in order to promote economy and efficiency in Federal procurement. Sec. 2. Definitions. (a) The term ‘‘labor organization’’ as used in this order means a labor organization as defined in 29 U.S.C. 152(5). (b) The term ‘‘construction’’ as used in this order means construction, rehabilitation, alteration, conversion, extension, repair, or improvement of buildings, highways, or other real property. (c) The term ‘‘large-scale construction project’’ as used in this order means a construction project where the total cost to the Federal Government is $25 million or more. (d) The term ‘‘executive agency’’ as used in this order has the same meaning as in 5 U.S.C. 105, but excludes the Government Accountability Office. (e) The term ‘‘project labor agreement’’ as used in this order means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific con- struction project and is an agreement described in 29 U.S.C. 158(f). Sec. 3. (a) In awarding any contract in connection with a large-scale construc- tion project, or obligating funds pursuant to such a contract, executive agencies may, on a project-by-project basis, require the use of a project labor agreement by a contractor where use of such an agreement will (i) VerDate Nov<24>2008 18:52 Feb 10, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11FEE3.SGM 11FEE3 rwilkins on PROD1PC63 with MISCELLANEOUS 6986 Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / Presidential Documents advance the Federal Government’s interest in achieving economy and effi- ciency in Federal procurement, producing labor-management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters, and (ii) be consistent with law. (b) If an executive agency determines under subsection (a) that the use of a project labor agreement will satisfy the criteria in clauses (i) and (ii) of that subsection, the agency may, if appropriate, require that every contractor or subcontractor on the project agree, for that project, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations. Sec. 4. Any project labor agreement reached pursuant to this order shall: (a) bind all contractors and subcontractors on the Construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents; (b) allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collec- tive bargaining agreements; (c) contain guarantees against strikes, lockouts, and similar job disruptions; (d) set forth effective, prompt, and mutually binding procedures for resolv- ing labor disputes arising during the project labor agreement; (e) provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health;and (f) fully conform to all statutes, regulations, and Executive Orders. Sec. 5. This order does not require an executive agency to use a project labor agreement on any construction project, nor does it preclude the use of a project labor agreement in circumstances not covered by this order, including leasehold arrangements and projects receiving Federal financial assistance. This order also does not require contractors or subcontractors to enter into a project labor agreement with any particular labor organization. Sec. 6. Within 120 days of the date of this order, the Federal Acquisition Regulatory Council (FAR Council), to the extent permitted by law, shall take whatever action is required to amend the Federal Acquisition Regulation to implement the provisions of this order. Sec. 7. The Director of OMB, in consultation with the Secretary of Labor and with other officials as appropriate, shall provide the President within 180 days of this order, recommendations about whether broader use of project labor agreements, with respect to both construction projects under- taken under Federal contracts and construction projects receiving Federal financial assistance, would help to promote the economical, efficient, and timely completion of such projects. Sec. 8. Revocation of Prior Orders, Rules, and Regulations. Executive Order 13202 of February 17, 2001, and Executive Order 13208 of April 6, 2001, are revoked. The heads of executive agencies shall, to the extent permitted by law, revoke expeditiously any orders, rules, or regulations implementing Executive Orders 13202 and 13208. Sec. 9. Severability. If any provision of this order, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of the provisions of such to any person or circumstance shall not be affected thereby. Sec. 10. General. (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. VerDate Nov<24>2008 18:52 Feb 10, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\11FEE3.SGM 11FEE3 rwilkins on PROD1PC63 with MISCELLANEOUS 6987 Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / 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. Sec. 11. Effective Date. This order shall be effective immediately and shall apply to all solicitations for contracts issued on or after the effective date of the action taken by the FAR Council under section 6 of this order. THE WHITE HOUSE, February 6, 2009. [FR Doc. E9–3113 Filed 2–10–09; 1:00 pm] Billing code 3195–W9–P VerDate Nov<24>2008 18:52 Feb 10, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\11FEE3.SGM 11FEE3 OB#1.EPS</GPH> rwilkins on PROD1PC63 with MISCELLANEOUS

Use of Project Labor Agreements for Federal Construction Projects

2009-02-06T00:00:00

832b6952e01a4ab5a515d871af55d1453b3cc1e2ec51d24e508d52d26d4c5a75

Presidential Executive Order

E9-2483 (13494)

Presidential Documents 6101 Federal Register Vol. 74, No. 22 Wednesday, February 4, 2009 Title 3— The President Executive Order 13494 of Economy in Government Contracting Economy in Government Contracting 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., it is hereby ordered that: Section 1. To promote economy and efficiency in Government contracting, certain costs that are not directly related to the contractors’ provision of goods and services to the Government shall be unallowable for payment, thereby directly reducing Government expenditures. This order is also con- sistent with the policy of the United States to remain impartial concerning any labor-management dispute involving Government contractors. This order does not restrict the manner in which recipients of Federal funds may expend those funds. Sec. 2. It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration of Govern- ment contracts, contracting departments and agencies, when they enter into, receive proposals for, or make disbursements pursuant to a contract as to which certain costs are treated as unallowable, shall treat as unallowable the costs of any activities undertaken to persuade employees—whether em- ployees of the recipient of the Federal disbursements or of any other entity— to exercise or not to exercise, or concerning the manner of exercising, the right to organize and bargain collectively through representatives of the employees’ own choosing. Such unallowable costs shall be excluded from any billing, claim, proposal, or disbursement applicable to any such Federal Government contract. Sec. 3. Notwithstanding section 2 of this order, contracting departments and agencies shall treat as allowable costs incurred in maintaining satisfactory relations between the contractor and its employees, including costs of labor- management committees, employee publications (other than those undertaken to persuade employees to exercise or not to exercise, or concerning the manner of exercising, the right to organize and bargain collectively), and other related activities. See 48 C.F.R. 31.205–21. Sec. 4. Examples of costs unallowable under section 2 of this order include the costs of the following activities, when they are undertaken to persuade employees to exercise or not to exercise, or concern the manner of exercising, rights to organize and bargain collectively: (a) preparing and distributing materials; (b) hiring or consulting legal counsel or consultants; (c) holding meetings (including paying the salaries of the attendees at meetings held for this purpose); and (d) planning or conducting activities by managers, supervisors, or union representatives during work hours. Sec. 5. Within 150 days of the effective date of this order, the Federal Acquisition Regulatory Council (FAR Council) shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to carry out this order. Such rules, regulations, and orders shall minimize the costs of compliance for contractors and shall not interfere with the ability of contractors to engage in advocacy through activities for which they do not claim reimbursement. VerDate Nov<24>2008 13:16 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\04FEE0.SGM 04FEE0 6102 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents Sec. 6. Each contracting department or agency shall cooperate with the FAR Council and provide such information and assistance as the FAR Council may require in the performance of its functions under this order. Sec. 7. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (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. Sec. 8. This order shall become effective immediately, and shall apply to contracts resulting from solicitations issued on or after the effective date of the action taken by the FAR Council under section 5 of this order. THE WHITE HOUSE, January 30, 2009. [FR Doc. E9–2483 Filed 2–3–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 13:16 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\04FEE0.SGM 04FEE0 OB#1.EPS</GPH>

Economy in Government Contracting

2009-01-30T00:00:00

389a0563b564c33f84eb6b7a5258891afefd1c4d2455044a7ed2bf3f691eac0b

Presidential Executive Order

E9-2893 (13498)

Presidential Documents 6533 Federal Register Vol. 74, No. 25 Monday, February 9, 2009 Title3— The President Executive Order 13498 of February 5, 2009 Amendments to Executive Order 13199 and Establishment of the President’s Advisory Council for Faith-Based and Neigh- borhood Partnerships By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the ability of faith-based and other neighborhood organizations to deliver services effec- tively in partnership with Federal, State, and local governments and with other private organizations, while preserving our fundamental constitutional commitments, it is hereby ordered: Section 1. Amendments to Executive Order. Executive Order 13199 of January 29, 2001 (Establishment of White House Office of Faith-Based and Commu- nity Initiatives), is hereby amended: (a) by striking section 1, and inserting in lieu thereof the following: ‘‘Section 1. Policy. Faith-based and other neighborhood organizations are vital to our Nation’s ability to address the needs of low-income and other underserved persons and communities. The American people are key drivers of fundamental change in our country, and few institutions are closer to the people than our faith-based and other neighborhood organizations. It is critical that the Federal Government strengthen the ability of such organizations and other nonprofit providers in our neighbor- hoods to deliver services effectively in partnership with Federal, State, and local governments and with other private organizations, while pre- serving our fundamental constitutional commitments guaranteeing the equal protection of the laws and the free exercise of religion and forbidding the establishment of religion. The Federal Government can preserve these fundamental commitments while empowering faith-based and neighbor- hood organizations to deliver vital services in our communities, from providing mentors and tutors to school children to giving ex-offenders a second chance at work and a responsible life to ensuring that families are fed. The Federal Government must also ensure that any organization receiving taxpayers’ dollars must be held accountable for its performance. Through rigorous evaluation, and by offering technical assistance, the Federal Government must ensure that organizations receiving Federal funds achieve measurable results in furtherance of valid public purposes.’’ (b) by substituting ‘‘White House Office of Faith-Based and Neighborhood Partnerships’’ for ‘‘White House Office of Faith-Based and Community Initia- tives’’ each time it appears in the order; and by substituting ‘‘Office’’ for ‘‘White House OFBCI’’ each time it appears in the order. (c) in section 3, by inserting after subsection (b) the following new sub- sections: ‘‘(c) to ensure that services paid for with Federal Government funds are provided in a manner consistent with fundamental constitutional commit- ments guaranteeing the equal protection of the laws and the free exercise of religion and prohibiting laws respecting an establishment of religion; (d) to promote effective training for persons providing federally funded social services in faith-based and neighborhood organizations; (e) to promote the better use of program evaluation and research, in order to ensure that organizations deliver services as specified in grant VerDate Nov<24>2008 13:36 Feb 06, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 cprice-sewell on PRODPC61 with RULES3 6534 Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Presidential Documents agreements, contracts, memoranda of understanding, and other arrange- ments;’’, and renumbering the subsequent subsections of section 3 accordingly. (d) in section 4, by striking the first sentence of subsection (b), and inserting in lieu thereof the following: ≥The Office shall have a staff to be headed by the Special Assistant to the President and Executive Director of the White House Office of Faith-Based and Neighborhood Partnerships (Executive Director).≥ Sec. 2. President’s Advisory Council on Faith-Based and Neighborhood Part- nerships. (a) Establishment. There is established within the Executive Office of the President the President’s Advisory Council on Faith-Based and Neigh- borhood Partnerships (Council). (b) Mission. The Council shall bring together leaders and experts in fields related to the work of faith-based and neighborhood organizations in order to: identify best practices and successful modes of delivering social services; evaluate the need for improvements in the implementation and coordination of public policies relating to faith-based and other neighborhood organiza- tions; and make recommendations to the President, through the Executive Director, for changes in policies, programs, and practices that affect the delivery of services by such organizations and the needs of low-income and other underserved persons in communities at home and around the world. (c) Membership. (1) The Council shall be composed of not more than 25 members appointed by the President from among individuals who are not officers or employees of the Federal Government. The members shall be persons with experience and expertise in fields related to the provision of social services by faith-based and other neighborhood organizations. (2) Members of the Council shall serve for terms of 1 year, and may continue to serve after the expiration of their terms until the President appoints a successor. Members shall be eligible for reappointment and serve at the pleasure of the President during their terms. (3) The President shall designate a member of the Council to serve as Chair for a term of 1 year at the pleasure of the President. The Chair may continue to serve after the expiration of the Chair’s term and shall be eligible for redesignation by the President. (4) The Executive Director of the White House Office of Faith-Based and Neighborhood Partnerships shall also serve as Executive Director of the Council. (5) The Council shall have a staff headed by the Executive Director. (d) Administration. (1) Upon the request of the Chair, with the approval of the Executive Director, the heads of executive departments and agencies shall, to the extent permitted by law, provide the Council with information it needs for purposes of carrying out its mission. (2) With the approval of the Executive Director, the Council may request and collect information, hold hearings, establish subcommittees, and estab- lish task forces consisting of members of the Council or other individuals who are not officers or employees of the Federal Government, as necessary to carry out its mission. (3) With the approval of the Executive Director, the Council may conduct analyses and develop reports or other materials as necessary to perform its mission. (4) Members of the Council 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 Government service (5 U.S.C. 5701B5707) to the extent funds are available. VerDate Nov<24>2008 13:36 Feb 06, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 cprice-sewell on PRODPC61 with RULES3 6535 Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Presidential Documents (5) To the extent permitted by law, and subject to the availability of appropriations, the Department of Health and Human Services shall pro- vide the Council with administrative support and with such funds as may be necessary for the performance of the Council’s functions. (e) General Provisions. (1) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the Council, any functions of the President under that Act, except for those in section 6 of the Act, shall be performed by the Secretary of Health and Human Services in accordance with guidelines issued by the Administrator of Gen- eral Services. (2) The Council shall terminate 2 years from the date of this order unless extended by the President. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (1) authority granted by law to a department, agency, or the head thereof; or (2) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) In order to ensure that Federal programs and practices involving grants or contracts to faith-based organizations are consistent with law, the Execu- tive Director, acting through the Counsel to the President, may seek the opinion of the Attorney General on any constitutional and statutory questions involving existing or prospective programs and practices. (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, February 5, 2009. [FR Doc. E9–2893 Filed 2–6–09; 12:00 pm] Filed 2–6–09; 12:00 pm] BILLING CODE 3195–W9–P VerDate Nov<24>2008 13:36 Feb 06, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 OB#1.EPS</GPH> cprice-sewell on PRODPC61 with RULES3

Amendments to Executive Order 13199 and Establishment of the President's Advisory Council for Faith-Based and Neighborhood Partnerships

2009-02-05T00:00:00

32446791400e2bf1029b6438cd33c19204069af6a257cf395d446499a1beaeb7

Presidential Executive Order

E9-2484 (13495)

Presidential Documents 6103 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents Executive Order 13495 of January 30, 2009 Nondisplacement of Qualified Workers Under Service Con- tracts When a service contract expires, and a follow-on contract is awarded for the same service, at the same location, the successor contractor or its sub- contractors often hires the majority of the predecessor’s employees. On some occasions, however, a successor contractor or its subcontractors hires a new work force, thus displacing the predecessor’s employees. The Federal Government’s procurement interests in economy and efficiency are served when the successor contractor hires the predecessor’s employees. A carryover work force reduces disruption to the delivery of services during the period of transition between contractors and provides the Federal Govern- ment the benefits of an experienced and trained work force that is familiar with the Federal Government’s personnel, facilities, and requirements. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote economy and efficiency in Federal Government procurement, it is hereby ordered as follows: Section 1. Policy. It is the policy of the Federal Government that service contracts and solicitations for such contracts shall include a clause that requires the contractor, and its subcontractors, under a contract that succeeds a contract for performance of the same or similar services at the same location, to offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of the award of the successor contract, a right of first refusal of employment under the contract in positions for which they are qualified. There shall be no employment openings under the contract until such right of first refusal has been provided. Nothing in this order shall be construed to permit a contractor or subcontractor to fail to comply with any provision of any other Executive Order or law of the United States. Sec. 2. Definitions. (a) ‘‘Service contract’’ or ‘‘contract’’ means any contract or subcontract for services entered into by the Federal Government or its contractors that is covered by the Service Contract Act of 1965, as amended, 41 U.S.C. 351 et seq., and its implementing regulations. (b) ‘‘Employee’’ means a service employee as defined in the Service Con- tract Act of 1965, 41 U.S.C. 357(b). Sec. 3. Exclusions. This order shall not apply to: (a) contracts or subcontracts under the simplified acquisition threshold as defined in 41 U.S.C. 403; (b) contracts or subcontracts awarded pursuant to the Javits-Wagner-O’Day Act, 41 U.S.C. 46–48c; (c) guard, elevator operator, messenger, or custodial services provided to the Federal Government under contracts or subcontracts with sheltered workshops employing the severely handicapped as described in section 505 of the Treasury, Postal Services and General Government Appropriations Act, 1995, Public Law 103–329; VerDate Nov<24>2008 13:21 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE1.SGM 04FEE1 6104 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents (d) agreements for vending facilities entered into pursuant to the preference regulations issued under the Randolph-Sheppard Act, 20 U.S.C. 107; or (e) employees who were hired to work under a Federal service contract and one or more nonfederal service contracts as part of a single job, provided that the employees were not deployed in a manner that was designed to avoid the purposes of this order. Sec. 4. Authority to Exempt Contracts. If the head of a contracting department or agency finds that the application of any of the requirements of this order would not serve the purposes of this order or would impair the ability of the Federal Government to procure services on an economical and efficient basis, the head of such department or agency may exempt its department or agency from the requirements of any or all of the provisions of this order with respect to a particular contract, subcontract, or purchase order or any class of contracts, subcontracts, or purchase orders. Sec. 5. Contract Clause. The following contract clause shall be included in solicitations for and service contracts that succeed contracts for perform- ance of the same or similar work at the same location: ‘‘NONDISPLACEMENT OF QUALIFIED WORKERS ‘‘(a) Consistent with the efficient performance of this contract, the con- tractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obliga- tion. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employ- ment be less than 10 days. ‘‘(b) Notwithstanding the obligation under paragraph (a) above, the con- tractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee’s past performance, has failed to perform suitably on the job. ‘‘(c) In accordance with Federal Acquisition Regulation 52.222–41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its prede- cessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives. VerDate Nov<24>2008 13:21 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE1.SGM 04FEE1 6105 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents ‘‘(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order (No.) lllllll, the regulations, and relevant orders of the Secretary, or as otherwise provided by law. ‘‘(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontrac- tors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non- compliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threat- ened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.’’ Sec. 6. Enforcement. (a) The Secretary of Labor (Secretary) is responsible for investigating and obtaining compliance with this order. In such pro- ceedings, the Secretary shall have the authority to issue final orders pre- scribing appropriate sanctions and remedies, including, but not limited to, orders requiring employment and payment of wages lost. The Secretary also may provide that where a contractor or subcontractor has failed to comply with any order of the Secretary or has committed willful violations of this order or the regulations issued pursuant thereto, the contractor or subcontractor, and its responsible officers, and any firm in which the con- tractor or subcontractor has a substantial interest, shall be ineligible to be awarded any contract of the United States for a period of up to 3 years. Neither an order for debarment of any contractor or subcontractor from further Government contracts under this section nor the inclusion of a contractor or subcontractor on a published list of noncomplying contrac- tors shall be carried out without affording the contractor or subcontractor an opportunity for a hearing. (b) This order creates no rights under the Contract Disputes Act, and disputes regarding the requirement of the contract clause prescribed by section 5 of this order, to the extent permitted by law, shall be disposed of only as provided by the Secretary in regulations issued under this order. To the extent practicable, such regulations shall favor the resolution of disputes by efficient and informal alternative dispute resolution methods. The Secretary shall, in consultation with the Federal Acquisition Regulatory Council, issue regulations, within 180 days of the date of this order, to the extent permitted by law, to implement the requirements of this order. The Federal Acquisition Regulatory Council shall issue, within 180 days of the date of this order, to the extent permitted by law, regulations in the Federal Acquisition Regulation to provide for inclusion of the contract clause in Federal solicitations and contracts subject to this order. Sec. 7. Revocation. Executive Order 13204 of February 17, 2001, is revoked. Sec. 8. Severability. If any provision of this order, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of this order and the application of the provisions of such to any person or circumstances shall not be affected thereby. Sec. 9. 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 VerDate Nov<24>2008 13:21 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE1.SGM 04FEE1 6106 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents (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. This order is not intended, however, to preclude judicial review of final decisions by the Secretary in accordance with the Administrative Procedure Act, 5 U.S.C. 701 et seq. Sec. 10. 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 Federal Acquisition Regulatory Council under section 6(b) of this order. THE WHITE HOUSE, January 30, 2009. [FR Doc. E9–2484 Filed 2–3–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 13:21 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE1.SGM 04FEE1 OB#1.EPS</GPH>

Nondisplacement of Qualified Workers Under Service Contracts

2009-01-30T00:00:00

f7ee512be88252ce4ba6deed0cb3fac1f3243e423d729d6a4422e27aa903738d

Presidential Executive Order

E9-1893 (13492)

Presidential Documents 4897 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents Executive Order 13492 of January 22, 2009 Review and Disposition of Individuals Detained At the Guanta ´namo Bay Naval Base and Closure of Detention Fa- cilities By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guanta ´namo Bay Naval Base (Guanta ´namo) and promptly to close detention facilities at Guanta ´namo, 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. Definitions. As used in this order: (a) ‘‘Common Article 3’’ means Article 3 of each of the Geneva Conventions. (b) ‘‘Geneva Conventions’’ means: (i) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114); (ii) the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217); (iii) the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and (iv) the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516). (c) ‘‘Individuals currently detained at Guanta ´namo’’ and ‘‘individuals cov- ered by this order’’ mean individuals currently detained by the Department of Defense in facilities at the Guanta ´namo Bay Naval Base whom the Depart- ment of Defense has ever determined to be, or treated as, enemy combatants. Sec. 2. Findings. (a) Over the past 7 years, approximately 800 individuals whom the Depart- ment of Defense has ever determined to be, or treated as, enemy combatants have been detained at Guanta ´namo. The Federal Government has moved more than 500 such detainees from Guanta ´namo, either by returning them to their home country or by releasing or transferring them to a third country. The Department of Defense has determined that a number of the individuals currently detained at Guanta ´namo are eligible for such transfer or release. (b) Some individuals currently detained at Guanta ´namo have been there for more than 6 years, and most have been detained for at least 4 years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guanta ´namo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guanta ´namo should precede the closure of the detention facilities at Guanta ´namo. (c) The individuals currently detained at Guanta ´namo have the constitu- tional privilege of the writ of habeas corpus. Most of those individuals VerDate Nov<24>2008 19:10 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE1.SGM 27JAE1 mstockstill on PROD1PC66 with FEDREGE1 4898 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention. (d) It is in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guanta ´namo, and of whether their continued detention is in the national security and foreign policy interests of the United States and in the interests of justice. The unusual circumstances associated with detentions at Guanta ´namo require a comprehensive interagency review. (e) New diplomatic efforts may result in an appropriate disposition of a substantial number of individuals currently detained at Guanta ´namo. (f) Some individuals currently detained at Guanta ´namo may have com- mitted offenses for which they should be prosecuted. It is in the interests of the United States to review whether and how any such individuals can and should be prosecuted. (g) It is in the interests of the United States that the executive branch conduct a prompt and thorough review of the circumstances of the individ- uals currently detained at Guanta ´namo who have been charged with offenses before military commissions pursuant to the Military Commissions Act of 2006, Public Law 109–366, as well as of the military commission process more generally. Sec. 3. Closure of Detention Facilities at Guanta ´namo. The detention facilities at Guanta ´namo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guanta ´namo at the time of closure of those detention facilities, they shall be returned to their home country, released, transferred to a third country, or transferred to another United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States. Sec. 4. Immediate Review of All Guanta ´namo Detentions. (a) Scope and Timing of Review. A review of the status of each individual currently detained at Guanta ´namo (Review) shall commence immediately. (b) Review Participants. The Review shall be conducted with the full cooperation and participation of the following officials: (1) the Attorney General, who shall coordinate the Review; (2) the Secretary of Defense; (3) the Secretary of State; (4) the Secretary of Homeland Security; (5) the Director of National Intelligence; (6) the Chairman of the Joint Chiefs of Staff; and (7) other officers or full-time or permanent part-time employees of the United States, including employees with intelligence, counterterrorism, military, and legal expertise, as determined by the Attorney General, with the concurrence of the head of the department or agency concerned. (c) Operation of Review. The duties of the Review participants shall include the following: (1) Consolidation of Detainee Information. The Attorney General shall, to the extent reasonably practicable, and in coordination with the other Review participants, assemble all information in the possession of the Federal Government that pertains to any individual currently detained at Guanta ´namo and that is relevant to determining the proper disposition of any such individual. All executive branch departments and agencies shall promptly comply with any request of the Attorney General to provide information in their possession or control pertaining to any such indi- vidual. The Attorney General may seek further information relevant to the Review from any source. VerDate Nov<24>2008 19:10 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE1.SGM 27JAE1 mstockstill on PROD1PC66 with FEDREGE1 4899 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents (2) Determination of Transfer. The Review shall determine, on a rolling basis and as promptly as possible with respect to the individuals currently detained at Guanta ´namo, whether it is possible to transfer or release the individuals consistent with the national security and foreign policy interests of the United States and, if so, whether and how the Secretary of Defense may effect their transfer or release. The Secretary of Defense, the Secretary of State, and, as appropriate, other Review participants shall work to effect promptly the release or transfer of all individuals for whom release or transfer is possible. (3) Determination of Prosecution. In accordance with United States law, the cases of individuals detained at Guanta ´namo not approved for release or transfer shall be evaluated to determine whether the Federal Government should seek to prosecute the detained individuals for any offenses they may have committed, including whether it is feasible to prosecute such individuals before a court established pursuant to Article III of the United States Constitution, and the Review participants shall in turn take the necessary and appropriate steps based on such determinations. (4) Determination of Other Disposition. With respect to any individuals currently detained at Guanta ´namo whose disposition is not achieved under paragraphs (2) or (3) of this subsection, the Review shall select lawful means, consistent with the national security and foreign policy interests of the United States and the interests of justice, for the disposition of such individuals. The appropriate authorities shall promptly implement such dispositions. (5) Consideration of Issues Relating to Transfer to the United States. The Review shall identify and consider legal, logistical, and security issues relating to the potential transfer of individuals currently detained at Guanta ´namo to facilities within the United States, and the Review partici- pants shall work with the Congress on any legislation that may be appro- priate. Sec. 5. Diplomatic Efforts. The Secretary of State shall expeditiously pursue and direct such negotiations and diplomatic efforts with foreign governments as are necessary and appropriate to implement this order. Sec. 6. Humane Standards of Confinement. No individual currently detained at Guanta ´namo shall be held in the custody or under the effective control of any officer, employee, or other agent of the United States Government, or at a facility owned, operated, or controlled by a department or agency of the United States, except in conformity with all applicable laws governing the conditions of such confinement, including Common Article 3 of the Geneva Conventions. The Secretary of Defense shall immediately undertake a review of the conditions of detention at Guanta ´namo to ensure full compli- ance with this directive. Such review shall be completed within 30 days and any necessary corrections shall be implemented immediately thereafter. Sec. 7. Military Commissions. The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted. Sec. 8. General Provisions. (a) Nothing in this order shall prejudice the authority of the Secretary of Defense to determine the disposition of any detainees not covered by this order. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Nov<24>2008 19:10 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE1.SGM 27JAE1 mstockstill on PROD1PC66 with FEDREGE1 4900 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 22, 2009. [FR Doc. E9–1893 Filed 1–26–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 19:10 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE1.SGM 27JAE1 OB#1.EPS</GPH> mstockstill on PROD1PC66 with FEDREGE1

Review and Disposition of Individuals Detained At the Guantanamo Bay Naval Base and Closure of Detention Facilities

2009-01-22T00:00:00

28bc061cec978bb3e55a3db66ae42391a1b10feadab2eeeea57184f990e34ba6

Presidential Executive Order

E9-2486 (13497)

Presidential Documents 6113 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents Executive Order 13497 of January 30, 2009 Revocation of Certain Executive Orders Concerning Regu- latory Planning and Review By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that: Section 1. Executive Order 13258 of February 26, 2002, and Executive Order 13422 of January 18, 2007, concerning regulatory planning and review, which amended Executive Order 12866 of September 30, 1993, are revoked. Sec. 2. The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly rescind any orders, rules, regulations, guidelines, or policies implementing or enforcing Executive Order 13258 or Executive Order 13422, to the extent consistent with law. Sec. 3. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 30, 2009. [FR Doc. E9–2486 Filed 2–3–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 13:31 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE3.SGM 04FEE3 OB#1.EPS</GPH>

Revocation of Certain Executive Orders Concerning Regulatory Planning and Review

2009-01-30T00:00:00

fad5f3517f0c9716084e705dda75e8028f0f8ff0ca7951c0ee3ab6c32780774f

Presidential Executive Order

E9-2485 (13496)

Presidential Documents 6107 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents Executive Order 13496 of January 30, 2009 Notification of Employee Rights Under Federal Labor Laws By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to ensure the economical and efficient administration and completion of Government contracts, it is hereby ordered that: Section 1. Policy. This order is designed to promote economy and efficiency in Government procurement. When the Federal Government contracts for goods or services, it has a proprietary interest in ensuring that those contracts will be performed by contractors whose work will not be interrupted by labor unrest. The attainment of industrial peace is most easily achieved and workers’ productivity is enhanced when workers are well informed of their rights under Federal labor laws, including the National Labor Rela- tions Act (Act), 29 U.S.C. 151 et seq. As the Act recognizes, ‘‘encouraging the practice and procedure of collective bargaining and . . . protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection’’ will ‘‘eliminate the causes of certain substantial obstruc- tions to the free flow of commerce’’ and ‘‘mitigate and eliminate these obstructions when they have occurred.’’ 29 U.S.C. 151. Relying on contractors whose employees are informed of such rights under Federal labor laws facilitates the efficient and economical completion of the Federal Govern- ment’s contracts. Sec. 2. Contract Clause. Except in contracts exempted in accordance with section 3 of this order, all Government contracting departments and agencies shall, to the extent consistent with law, include the following provisions in every Government contract, other than collective bargaining agreements as defined in 5 U.S.C. 7103(a)(8) and purchases under the simplified acquisi- tion threshold as defined in the Office of Federal Procurement Policy Act, 41 U.S.C. 403. ‘‘1. During the term of this contract, the contractor agrees to post a notice, of such size and in such form, and containing such content as the Secretary of Labor shall prescribe, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically. The notice shall include the information contained in the notice published by the Secretary of Labor in the Federal Register (Sec- retary’s Notice). ‘‘2. The contractor will comply with all provisions of the Secretary’s Notice, and related rules, regulations, and orders of the Secretary of Labor. ‘‘3. In the event that the contractor does not comply with any of the requirements set forth in paragraphs (1) or (2) above, this contract may be cancelled, terminated, or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in or adopted pursuant to Executive Order [num- ber as provided by the Federal Register] of [insert new date]. Such other sanctions or remedies may be imposed as are provided in Executive Order [number as provided by the Federal Register] of [insert new date], or by VerDate Nov<24>2008 13:26 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE2.SGM 04FEE2 6108 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents rule, regulation, or order of the Secretary of Labor, or as are otherwise provided by law. ‘‘4. The contractor will include the provisions of paragraphs (1) through (3) above in every subcontract entered into in connection with this contract (unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order [number as provided by the Federal Register] of [insert new date]) so that such provisions will be binding upon each subcontractor. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for non-compliance: Provided, however, that if the contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.’’ Sec. 3. Administration. (a) The Secretary of Labor (Secretary) shall be responsible for the adminis- tration and enforcement of this order. The Secretary shall adopt such rules and regulations and issue such orders as are necessary and appropriate to achieve the purposes of this order. (b) Within 120 days of the effective date of this order, the Secretary shall initiate a rulemaking to prescribe the size, form, and content of the notice to be posted by a contractor under paragraph 1 of the contract clause described in section 2 of this order. Such notice shall describe the rights of employees under Federal labor laws, consistent with the policy set forth in section 1 of this order. (c) Whenever the Secretary finds that an act of Congress, clarification of existing law by the courts or the National Labor Relations Board, or other circumstances make modification of the contractual provisions set out in subsection (a) of this section necessary to achieve the purposes of this order, the Secretary promptly shall issue such rules, regulations, or orders as are needed to cause the substitution or addition of appropriate contractual provisions in Government contracts thereafter entered into. Sec. 4. Exemptions. (a) If the Secretary finds that the application of any of the requirements of this order would not serve the purposes of this order or would impair the ability of the Government to procure goods or services on an economical and efficient basis, the Secretary may exempt a contracting department or agency or group of departments or agencies from the requirements of any or all of the provisions of this order with respect to a particular contract or subcontract or any class of contracts or subcontracts. (b) The Secretary may, if the Secretary finds that special circumstances require an exemption in order to serve the national interest, exempt a contracting department or agency from the requirements of any or all of the provisions of section 2 of this order with respect to a particular contract or subcontract or class of contracts or subcontracts. Sec. 5. Investigation. (a) The Secretary may investigate any Government contractor, subcon- tractor, or vendor to determine whether the contractual provisions required by section 2 of this order have been violated. Such investigations shall be conducted in accordance with procedures established by the Secretary. (b) The Secretary shall receive and investigate complaints by employees of a Government contractor or subcontractor, where such complaints allege a failure to perform or a violation of the contractual provisions required by section 2 of this order. Sec. 6. Compliance. (a) The Secretary, or any agency or officer in the executive branch lawfully designated by rule, regulation, or order of the Secretary, may hold such VerDate Nov<24>2008 13:26 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE2.SGM 04FEE2 6109 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents hearings, public or private, regarding compliance with this order as the Secretary may deem advisable. (b) The Secretary may hold hearings, or cause hearings to be held, in accordance with subsection (a) of this section, prior to imposing, ordering, or recommending the imposition of sanctions under this order. Neither an order for cancellation, termination, or suspension of any contract or debarment of any contractor from further Government contracts under section 7(b) of this order nor the inclusion of a contractor on a published list of noncomplying contractors under section 7(c) of this order shall be carried out without affording the contractor an opportunity for a hearing. Sec. 7. Remedies. In accordance with such rules, regulations, or orders as the Secretary may issue or adopt, the Secretary may: (a) after consulting with the contracting department or agency, direct that department or agency to cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the contractor to comply with the contractual provisions required by section 2 of this order; contracts may be cancelled, terminated, or suspended absolutely, or continuance of contracts may be conditioned upon future compliance: Provided, that before issuing a directive under this subsection, the Secretary shall provide the head of the contracting department or agency an opportunity to offer written objections to the issuance of such a directive, which objections shall include a complete statement of reasons for the objections, among which reasons shall be a finding that completion of the contract is essential to the agency’s mission: And provided further, that no directive shall be issued by the Secretary under this subsection so long as the head of the contracting department or agency, or his or her designee, continues to object to the issuance of such directive; (b) after consulting with each affected contracting department or agency, provide that one or more contracting departments or agencies shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the Secretary that such contractor has complied with and will carry out the provisions of this order: Provided, that before issuing a directive under this subsection, the Secretary shall provide the head of each contracting department or agency an opportunity to offer written objec- tions to the issuance of such a directive, which objections shall include a complete statement of reasons for the objections, among which reasons shall be a finding that further contracts or extensions or other modifications of existing contracts with the noncomplying contractor are essential to the agency’s mission: And provided further, that no directive shall be issued by the Secretary under this subsection so long as the head of a contracting department or agency, or his or her designee, continues to object to the issuance of such directive; and (c) publish, or cause to be published, the names of contractors that have, in the judgment of the Secretary, failed to comply with the provisions of this order or of related rules, regulations, and orders of the Secretary. Sec. 8. Reports. Whenever the Secretary invokes section 7(a) or 7(b) of this order, the contracting department or agency shall report to the Secretary the results of the action it has taken within such time as the Secretary shall specify. Sec. 9. Cooperation. Each contracting department and agency shall cooperate with the Secretary and provide such information and assistance as the Secretary may require in the performance of the Secretary’s functions under this order. Sec. 10. Sufficiency of Remedies. If the Secretary finds that the authority vested in the Secretary by sections 5 through 9 of this order is not sufficient to effectuate the purposes of this order, the Secretary shall develop rec- ommendations on how better to effectuate those purposes. VerDate Nov<24>2008 13:26 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE2.SGM 04FEE2 6110 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents Sec. 11. Delegation. The Secretary may, in accordance with law, delegate any function or duty of the Secretary under this order to any officer in the Department of Labor or to any other officer in the executive branch of the Government, with the consent of the head of the department or agency in which that officer serves. Sec. 12. Implementation. To the extent permitted by law, the Federal Acquisi- tion Regulatory Council (FAR Council) shall take whatever action is required to implement in the Federal Acquisition Regulation (FAR) the provisions of this order and any related rules, regulations, or orders issued by the Secretary under this order and shall amend the FAR to require each solicita- tion of offers for a contract to include a provision that implements section 2 of this order. Sec. 13. Revocation of Prior Order and Actions. Executive Order 13201 of February 17, 2001, is revoked. The heads of executive departments and agencies shall, to the extent permitted by law, revoke expeditiously any orders, rules, regulations, guidelines, or policies implementing or enforcing Executive Order 13201. Sec. 14. Severability. If any provision of this order, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of the provisions of such to any person or circumstances shall not be affected thereby. Sec. 15. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a 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 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 Nov<24>2008 13:26 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE2.SGM 04FEE2 6111 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Presidential Documents Sec. 16. Effective Date. This order shall become effective immediately, and shall apply to contracts resulting from solicitations issued on or after the effective date of the rule promulgated by the Secretary pursuant to section 3(b) of this order. THE WHITE HOUSE, January 30, 2009. [FR Doc. E9–2485 Filed 2–3–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 13:26 Feb 03, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\04FEE2.SGM 04FEE2 OB#1.EPS</GPH>

Notification of Employee Rights Under Federal Labor Laws

2009-01-30T00:00:00

3b6533f8775275c70ec460a054c25034b9bca4dedac8af6cdcfb2046f21e26f4

Presidential Executive Order

E9-1895 (13493)

Presidential Documents 4901 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents Executive Order 13493 of January 22, 2009 Review of Detention Policy Options By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to develop policies for the detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterter- rorism operations that are 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. Special Interagency Task Force on Detainee Disposition. (a) Establishment of Special Interagency Task Force. There shall be estab- lished a Special Task Force on Detainee Disposition (Special Task Force) to identify lawful options for the disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism oper- ations. (b) Membership. The Special Task Force shall consist of the following members, or their designees: (i) the Attorney General, who shall serve as Co-Chair; (ii) the Secretary of Defense, who shall serve as Co-Chair; (iii) the Secretary of State; (iv) the Secretary of Homeland Security; (v) the Director of National Intelligence; (vi) the Director of the Central Intelligence Agency; (vii) the Chairman of the Joint Chiefs of Staff; and (viii) other officers or full-time or permanent part-time employees of the United States, as determined by either of the Co-Chairs, with the concurrence of the head of the department or agency concerned. (c) Staff. Either Co-Chair may designate officers and employees within their respective departments to serve as staff to support the Special Task Force. At the request of the Co-Chairs, officers and employees from other departments or agencies may serve on the Special Task Force with the concurrence of the heads of the departments or agencies that employ such individuals. Such staff must be officers or full-time or permanent part- time employees of the United States. The Co-Chairs shall jointly select an officer or employee of the Department of Justice or Department of Defense to serve as the Executive Secretary of the Special Task Force. (d) Operation. The Co-Chairs shall convene meetings of the Special Task Force, determine its agenda, and direct its work. The Co-Chairs may establish and direct subgroups of the Special Task Force, consisting exclusively of members of the Special Task Force, to deal with particular subjects. (e) Mission. The mission of the Special Task Force shall be to conduct a comprehensive review of the lawful options available to the Federal Govern- ment with respect to the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations, and to identify such options as are consistent with the national security and foreign policy inter- ests of the United States and the interests of justice. VerDate Nov<24>2008 19:38 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE2.SGM 27JAE2 mstockstill on PROD1PC66 with FEDREGE2 4902 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents (f) Administration. The Special Task Force shall be established for adminis- trative purposes within the Department of Justice, and the Department of Justice shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force. (g) Report. The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order unless the Co-Chairs determine that an extension is necessary, and shall provide periodic preliminary reports during those 180 days. (h) Termination. The Co-Chairs shall terminate the Special Task Force upon the completion of its duties. Sec. 2. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (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 22, 2009. [FR Doc. E9–1895 Filed 1–26–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 19:38 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE2.SGM 27JAE2 OB#1.EPS</GPH> mstockstill on PROD1PC66 with FEDREGE2

Review of Detention Policy Options

2009-01-22T00:00:00

3b44fde02590ceb9bc85900c07c1a80d3096e7ad52f68e079163382327e93ff2

Presidential Executive Order

E9-1885 (13491)

Presidential Documents 4893 Federal Register Vol. 74, No. 16 Tuesday, January 27, 2009 Title 3— The President Executive Order 13491 of January 22, 2009 Ensuring Lawful Interrogations By the authority vested in me by the Constitution and the laws of the United States of America, in order to improve the effectiveness of human intelligence-gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed, I hereby order as follows: Section 1. Revocation. Executive Order 13440 of July 20, 2007, is revoked. All executive directives, orders, and regulations inconsistent with this order, including but not limited to those issued to or by the Central Intelligence Agency (CIA) from September 11, 2001, to January 20, 2009, concerning detention or the interrogation of detained individuals, are revoked to the extent of their inconsistency with this order. Heads of departments and agencies shall take all necessary steps to ensure that all directives, orders, and regulations of their respective departments or agencies are consistent with this order. Upon request, the Attorney General shall provide guidance about which directives, orders, and regulations are inconsistent with this order. Sec. 2. Definitions. As used in this order: (a) ‘‘Army Field Manual 2–22.3’’ means FM 2–22.3, Human Intelligence Collector Operations, issued by the Department of the Army on September 6, 2006. (b) ‘‘Army Field Manual 34–52’’ means FM 34–52, Intelligence Interroga- tion, issued by the Department of the Army on May 8, 1987. (c) ‘‘Common Article 3’’ means Article 3 of each of the Geneva Conventions. (d) ‘‘Convention Against Torture’’ means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984, 1465 U.N.T.S. 85, S. Treaty Doc. No. 100–20 (1988). (e) ‘‘Geneva Conventions’’ means: (i) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114); (ii) the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217); (iii) the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and (iv) the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516). (f) ‘‘Treated humanely,’’ ‘‘violence to life and person,’’ ‘‘murder of all kinds,’’ ‘‘mutilation,’’ ‘‘cruel treatment,’’ ‘‘torture,’’ ‘‘outrages upon personal dignity,’’ and ‘‘humiliating and degrading treatment’’ refer to, and have the same meaning as, those same terms in Common Article 3. (g) The terms ‘‘detention facilities’’ and ‘‘detention facility’’ in section 4(a) of this order do not refer to facilities used only to hold people on a short-term, transitory basis. VerDate Nov<24>2008 19:09 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\27JAE0.SGM 27JAE0 mstockstill on PROD1PC66 with FEDREGE0 4894 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents Sec. 3. Standards and Practices for Interrogation of Individuals in the Custody or Control of the United States in Armed Conflicts. (a) Common Article 3 Standards as a Minimum Baseline. Consistent with the requirements of the Federal torture statute, 18 U.S.C. 2340–2340A, section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Convention Against Torture, Common Article 3, and other laws regulating the treatment and interrogation of individuals detained in any armed conflict, such persons shall in all circumstances be treated humanely and shall not be subjected to violence to life and person (including murder of all kinds, mutilation, cruel treatment, and torture), nor to outrages upon personal dignity (including humiliating and degrading treatment), whenever such indi- viduals are in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States. (b) Interrogation Techniques and Interrogation-Related Treatment. Effec- tive immediately, an individual in the custody or under the effective control of an officer, employee, or other agent of the United States Government, or detained within a facility owned, operated, or controlled by a department or agency of the United States, in any armed conflict, shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2–22.3 (Manual). Interrogation techniques, approaches, and treatments de- scribed in the Manual shall be implemented strictly in accord with the principles, processes, conditions, and limitations the Manual prescribes. Where processes required by the Manual, such as a requirement of approval by specified Department of Defense officials, are inapposite to a department or an agency other than the Department of Defense, such a department or agency shall use processes that are substantially equivalent to the processes the Manual prescribes for the Department of Defense. Nothing in this section shall preclude the Federal Bureau of Investigation, or other Federal law enforcement agencies, from continuing to use authorized, non-coercive tech- niques of interrogation that are designed to elicit voluntary statements and do not involve the use of force, threats, or promises. (c) Interpretations of Common Article 3 and the Army Field Manual. From this day forward, unless the Attorney General with appropriate con- sultation provides further guidance, officers, employees, and other agents of the United States Government may, in conducting interrogations, act in reliance upon Army Field Manual 2–22.3, but may not, in conducting interrogations, rely upon any interpretation of the law governing interroga- tion—including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2–22.3, and its predecessor document, Army Field Manual 34–52—issued by the Department of Justice between September 11, 2001, and January 20, 2009. Sec. 4. Prohibition of Certain Detention Facilities, and Red Cross Access to Detained Individuals. (a) CIA Detention. The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future. (b) International Committee of the Red Cross Access to Detained Individ- uals. All departments and agencies of the Federal Government shall provide the International Committee of the Red Cross with notification of, and timely access to, any individual detained in any armed conflict in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States Government, consistent with Department of Defense regulations and policies. Sec. 5. Special Interagency Task Force on Interrogation and Transfer Policies. VerDate Nov<24>2008 19:09 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\27JAE0.SGM 27JAE0 mstockstill on PROD1PC66 with FEDREGE0 4895 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents (a) Establishment of Special Interagency Task Force. There shall be estab- lished a Special Task Force on Interrogation and Transfer Policies (Special Task Force) to review interrogation and transfer policies. (b) Membership. The Special Task Force shall consist of the following members, or their designees: (i) the Attorney General, who shall serve as Chair; (ii) the Director of National Intelligence, who shall serve as Co-Vice- Chair; (iii) the Secretary of Defense, who shall serve as Co-Vice-Chair; (iv) the Secretary of State; (v) the Secretary of Homeland Security; (vi) the Director of the Central Intelligence Agency; (vii) the Chairman of the Joint Chiefs of Staff; and (viii) other officers or full-time or permanent part-time employees of the United States, as determined by the Chair, with the concurrence of the head of the department or agency concerned. (c) Staff. The Chair may designate officers and employees within the Department of Justice to serve as staff to support the Special Task Force. At the request of the Chair, officers and employees from other departments or agencies may serve on the Special Task Force with the concurrence of the head of the department or agency that employ such individuals. Such staff must be officers or full-time or permanent part-time employees of the United States. The Chair shall designate an officer or employee of the Department of Justice to serve as the Executive Secretary of the Special Task Force. (d) Operation. The Chair shall convene meetings of the Special Task Force, determine its agenda, and direct its work. The Chair may establish and direct subgroups of the Special Task Force, consisting exclusively of members of the Special Task Force, to deal with particular subjects. (e) Mission. The mission of the Special Task Force shall be: (i) to study and evaluate whether the interrogation practices and tech- niques in Army Field Manual 2–22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and (ii) to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control. (f) Administration. The Special Task Force shall be established for adminis- trative purposes within the Department of Justice and the Department of Justice shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force. (g) Recommendations. The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order, unless the Chair determines that an extension is necessary. (h) Termination. The Chair shall terminate the Special Task Force upon the completion of its duties. VerDate Nov<24>2008 19:09 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\27JAE0.SGM 27JAE0 mstockstill on PROD1PC66 with FEDREGE0 4896 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Presidential Documents Sec. 6. Construction with Other Laws. Nothing in this order shall be construed to affect the obligations of officers, employees, and other agents of the United States Government to comply with all pertinent laws and treaties of the United States governing detention and interrogation, including but not limited to: the Fifth and Eighth Amendments to the United States Constitution; the Federal torture statute, 18 U.S.C. 2340–2340A; the War Crimes Act, 18 U.S.C. 2441; the Federal assault statute, 18 U.S.C. 113; the Federal maiming statute, 18 U.S.C. 114; the Federal ‘‘stalking’’ statute, 18 U.S.C. 2261A; articles 93, 124, 128, and 134 of the Uniform Code of Military Justice, 10 U.S.C. 893, 924, 928, and 934; section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd; section 6(c) of the Military Commissions Act of 2006, Public Law 109–366; the Geneva Conven- tions; and the Convention Against Torture. Nothing in this order shall be construed to diminish any rights that any individual may have under these or other laws and treaties. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. THE WHITE HOUSE, January 22, 2009. [FR Doc. E9–1885 Filed 1–26–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 19:09 Jan 26, 2009 Jkt 217001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\27JAE0.SGM 27JAE0 OB#1.EPS</GPH> mstockstill on PROD1PC66 with FEDREGE0

Ensuring Lawful Interrogations

2009-01-22T00:00:00

027bbc903bb2f2d5b772dd296bb4690868f9891b7674b9017251a7824dcde03c

Presidential Executive Order

E9-1712 (13489)

Presidential Documents 4669 Federal Register Vol. 74, No. 15 Monday, January 26, 2009 Title 3— The President Executive Order 13489 of January 21, 2009 Presidential Records 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 policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) ‘‘Archivist’’ refers to the Archivist of the United States or his designee. (b) ‘‘NARA’’ refers to the National Archives and Records Administration. (c) ‘‘Presidential Records Act’’ refers to the Presidential Records Act, 44 U.S.C. 2201–2207. (d) ‘‘NARA regulations’’ refers to the NARA regulations implementing the Presidential Records Act, 36 C.F.R. Part 1270. (e) ‘‘Presidential records’’ refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presi- dential records. (f) ‘‘Former President’’ refers to the former President during whose term or terms of office particular Presidential records were created. (g) A ‘‘substantial question of executive privilege’’ exists if NARA’s disclo- sure of Presidential records might impair national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the executive branch. (h) A ‘‘final court order’’ is a court order from which no appeal may be taken. Sec. 2. Notice of Intent to Disclose Presidential Records. (a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the in- cumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative. (b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice. If a shorter period of time is required under the circumstances VerDate Nov<24>2008 20:24 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0 4670 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice. Sec. 3. Claim of Executive Privilege by Incumbent President. (a) Upon receipt of a notice of intent to disclose Presidential records, the Attorney General (directly or through the Assistant Attorney General for the Office of Legal Counsel) and the Counsel to the President shall review as they deem appro- priate the records covered by the notice and consult with each other, the Archivist, and such other executive agencies as they deem appropriate con- cerning whether invocation of executive privilege is justified. (b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under sub- section (a) of this section, may jointly determine that invocation of executive privilege is not justified. The Archivist shall be notified promptly of any such determination. (c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General. (d) If the President decides to invoke executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presi- dential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an incumbent President or by a final court order. Sec. 4. Claim of Executive Privilege by Former President. (a) Upon receipt of a claim of executive privilege by a living former President, the Archivist shall consult with the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel), the Counsel to the President, and such other executive agencies as the Archivist deems appropriate con- cerning the Archivist’s determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege. Any determination under section 3 of this order that executive privilege shall not be invoked by the incumbent President shall not prejudice the Archivist’s determination with respect to the former President’s claim of privilege. (b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order. The Archivist shall notify the incumbent and former Presidents of his deter- mination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative. Sec. 5. 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 budget, 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 Nov<24>2008 20:24 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0 4671 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked. THE WHITE HOUSE, January 21, 2009. [FR Doc. E9–1712 Filed 1–23–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 20:24 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0 OB#1.EPS</GPH>

Presidential Records

2009-01-21T00:00:00

1d22668dc6a9163f98b331b9da6c5604c434786ea77831d45e11f00dfffb0841

Presidential Executive Order

E9-1719 (13490)

Presidential Documents 4673 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents Executive Order 13490 of January 21, 2009 Ethics Commitments by Executive Branch Personnel By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and sections 3301 and 7301 of title 5, United States Code, it is hereby ordered as follows: Section 1. Ethics Pledge. Every appointee in every executive agency appointed on or after January 20, 2009, shall sign, and upon signing shall be contrac- tually committed to, the following pledge upon becoming an appointee: ‘‘As a condition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: ‘‘1. Lobbyist Gift Ban. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee. ‘‘2. Revolving Door Ban—All Appointees Entering Government. I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substan- tially related to my former employer or former clients, including regulations and contracts. ‘‘3. Revolving Door Ban—Lobbyists Entering Government. If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 2, I will not for a period of 2 years after the date of my appointment: (a) participate in any particular matter on which I lobbied within the 2 years before the date of my appointment; (b) participate in the specific issue area in which that particular matter falls; or (c) seek or accept employment with any executive agency that I lobbied within the 2 years before the date of my appointment. ‘‘4. Revolving Door Ban—Appointees Leaving Government. If, upon my depar- ture from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions for a period of 2 years following the end of my appoint- ment. ‘‘5. Revolving Door Ban—Appointees Leaving Government to Lobby. In addi- tion to abiding by the limitations of paragraph 4, I also agree, upon leaving Government service, not to lobby any covered executive branch official or non-career Senior Executive Service appointee for the remainder of the Administration. ‘‘6. Employment Qualification Commitment. I agree that any hiring or other employment decisions I make will be based on the candidate’s qualifications, competence, and experience. ‘‘7. Assent to Enforcement. I acknowledge that the Executive Order entitled ’Ethics Commitments by Executive Branch Personnel,’ issued by the President on January 21, 2009, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth VerDate Nov<24>2008 20:25 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 4674 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents the methods for enforcing them. I expressly accept the provisions of that Executive Order as a part of this agreement and as binding on me. I under- stand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service.’’ Sec. 2. Definitions. As used herein and in the pledge set forth in section 1 of this order: (a) ‘‘Executive agency’’ shall include each ‘‘executive agency’’ as defined by section 105 of title 5, United States Code, and shall include the Executive Office of the President; provided, however, that for purposes of this order ‘‘executive agency’’ shall include the United States Postal Service and Postal Regulatory Commission, but shall exclude the Government Accountability Office. (b) ‘‘Appointee’’ shall include every full-time, non-career Presidential or Vice-Presidential appointee, non-career appointee in the Senior Executive Service (or other SES-type system), and appointee to a position that has been excepted from the competitive service by reason of being of a confiden- tial or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency. It does not include any person appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. (c) ‘‘Gift’’ (1) shall have the definition set forth in section 2635.203(b) of title 5, Code of Federal Regulations; (2) shall include gifts that are solicited or accepted indirectly as defined at section 2635.203(f) of title 5, Code of Federal Regulations; and (3) shall exclude those items excluded by sections 2635.204(b), (c), (e)(1) & (3) and (j)-(l) of title 5, Code of Federal Regulations. (d) ‘‘Covered executive branch official’’ and ‘‘lobbyist’’ shall have the definitions set forth in section 1602 of title 2, United States Code. (e) ‘‘Registered lobbyist or lobbying organization’’ shall mean a lobbyist or an organization filing a registration pursuant to section 1603(a) of title 2, United States Code, and in the case of an organization filing such a registration, ‘‘registered lobbyist’’ shall include each of the lobbyists identi- fied therein. (f) ‘‘Lobby’’ and ‘‘lobbied’’ shall mean to act or have acted as a registered lobbyist. (g) ‘‘Particular matter’’ shall have the same meaning as set forth in section 207 of title 18, United States Code, and section 2635.402(b)(3) of title 5, Code of Federal Regulations. (h) ‘‘Particular matter involving specific parties’’ shall have the same mean- ing as set forth in section 2641.201(h) of title 5, Code of Federal Regulations, except that it shall also include any meeting or other communication relating to the performance of one’s official duties with a former employer or former client, unless the communication applies to a particular matter of general applicability and participation in the meeting or other event is open to all interested parties. (i) ‘‘Former employer’’ is any person for whom the appointee has within the 2 years prior to the date of his or her appointment served as an employee, officer, director, trustee, or general partner, except that ‘‘former employer’’ does not include any executive agency or other entity of the Federal Govern- ment, State or local government, the District of Columbia, Native American tribe, or any United States territory or possession. (j) ‘‘Former client’’ is any person for whom the appointee served personally as agent, attorney, or consultant within the 2 years prior to the date of his or her appointment, but excluding instances where the service provided was limited to a speech or similar appearance. It does not include clients VerDate Nov<24>2008 20:25 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 4675 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents of the appointee’s former employer to whom the appointee did not personally provide services. (k) ‘‘Directly and substantially related to my former employer or former clients’’ shall mean matters in which the appointee’s former employer or a former client is a party or represents a party. (l) ‘‘Participate’’ means to participate personally and substantially. (m) ‘‘Post-employment restrictions’’ shall include the provisions and excep- tions in section 207(c) of title 18, United States Code, and the implementing regulations. (n) ‘‘Government official’’ means any employee of the executive branch. (o) ‘‘Administration’’ means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this order. (p) ‘‘Pledge’’ means the ethics pledge set forth in section 1 of this order. (q) All references to provisions of law and regulations shall refer to such provisions as in effect on January 20, 2009. Sec. 3. Waiver. (a) The Director of the Office of Management and Budget, or his or her designee, in consultation with the Counsel to the President or his or her designee, may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the Director of the Office of Management and Budget, or his or her designee, certifies in writing (i) that the literal application of the restriction is inconsistent with the purposes of the restric- tion, or (ii) that it is in the public interest to grant the waiver. A waiver shall take effect when the certification is signed by the Director of the Office of Management and Budget or his or her designee. (b) The public interest shall include, but not be limited to, exigent cir- cumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph 3 of the pledge. Sec. 4. Administration. (a) The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency’s general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; to ensure that compliance with paragraph 3 of the pledge is addressed in a written ethics agreement with each appointee to whom it applies, which agreement shall also be approved by the Counsel to the President or his or her designee prior to the appointee commencing work; to ensure that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and generally to ensure compliance with this order within the agency. (b) With respect to the Executive Office of the President, the duties set forth in section 4(a) shall be the responsibility of the Counsel to the President or his or her designee. (c) The Director of the Office of Government Ethics shall: (1) ensure that the pledge and a copy of this order are made available for use by agencies in fulfilling their duties under section 4(a) above; (2) in consultation with the Attorney General or the Counsel to the President or their designees, when appropriate, assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge; and (3) in consultation with the Attorney General and the Counsel to the President or their designees, adopt such rules or procedures as are nec- essary or appropriate: VerDate Nov<24>2008 20:25 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 4676 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents (i) to carry out the foregoing responsibilities; (ii) to apply the lobbyist gift ban set forth in paragraph 1 of the pledge to all executive branch employees; (iii) to authorize limited exceptions to the lobbyist gift ban for cir- cumstances that do not implicate the purposes of the ban; (iv) to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift as provided by section 2635.205 of title 5, Code of Federal Regulations; (v) to ensure that existing rules and procedures for Government em- ployees engaged in negotiations for future employment with private businesses that are affected by their official actions do not affect the in- tegrity of the Government’s programs and operations; (vi) to ensure, in consultation with the Director of the Office of Per- sonnel Management, that the requirement set forth in paragraph 6 of the pledge is honored by every employee of the executive branch; (4) in consultation with the Director of the Office of Management and Budget, report to the President on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure and on steps the executive branch can take to expand to the fullest extent practicable disclosure of such executive branch procurement lobbying and of lobbying for presidential pardons, and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation; and (5) provide an annual public report on the administration of the pledge and this order. (d) The Director of the Office of Government Ethics shall, in consultation with the Attorney General, the Counsel to the President, and the Director of the Office of Personnel Management, or their designees, report to the President on steps the executive branch can take to expand to the fullest extent practicable the revolving door ban set forth in paragraph 5 of the pledge to all executive branch employees who are involved in the procure- ment process such that they may not for 2 years after leaving Government service lobby any Government official regarding a Government contract that was under their official responsibility in the last 2 years of their Government service; and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation. (e) All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee’s agency for permanent retention in the appointee’s official personnel folder or equivalent folder. Sec. 5. Enforcement. (a) The contractual, fiduciary, and ethical commitments in the pledge provided for herein are solely enforceable by the United States pursuant to this section by any legally available means, including debarment proceedings within any affected executive agency or judicial civil proceedings for declaratory, injunctive, or monetary relief. (b) Any former appointee who is determined, after notice and hearing, by the duly designated authority within any agency, to have violated his or her pledge may be barred from lobbying any officer or employee of that agency for up to 5 years in addition to the time period covered by the pledge. The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish procedures to implement this subsection, which procedures shall include (but not be lim- ited to) providing for factfinding and investigation of possible violations of this order and for referrals to the Attorney General for his or her consider- ation pursuant to subsection (c). (c) The Attorney General or his or her designee is authorized: VerDate Nov<24>2008 20:25 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 4677 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents (1) upon receiving information regarding the possible breach of any commitment in a signed pledge, to request any appropriate Federal inves- tigative authority to conduct such investigations as may be appropriate; and (2) upon determining that there is a reasonable basis to believe that a breach of a commitment has occurred or will occur or continue, if not enjoined, to commence a civil action against the former employee in any United States District Court with jurisdiction to consider the matter. (d) In any such civil action, the Attorney General or his or her designee is authorized to request any and all relief authorized by law, including but not limited to: (1) such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or con- tinuing conduct by the former employee in breach of the commitments in the pledge he or she signed; and (2) establishment of a constructive trust for the benefit of the United States, requiring an accounting and payment to the United States Treasury of all money and other things of value received by, or payable to, the former employee arising out of any breach or attempted breach of the pledge signed by the former employee. Sec. 6. General Provisions. (a) No prior Executive Orders are repealed by this order. To the extent that this order is inconsistent with any provision of any prior Executive Order, this order shall control. (b) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected. (c) Nothing in this order shall be construed to impair or otherwise affect: (1) authority granted by law to a department, agency, or the head thereof; or (2) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (d) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. VerDate Nov<24>2008 20:25 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 4678 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents (f) The definitions set forth in this order are solely applicable to the terms of this order, and are not otherwise intended to impair or affect existing law. THE WHITE HOUSE, January 21, 2009. [FR Doc. E9–1719 Filed 1–23–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 20:25 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 OB#1.EPS</GPH>

Ethics Commitments by Executive Branch Personnel

2009-01-21T00:00:00

46936e3900a10c3989d5e14c46a22822c6925dc3ed69c87bbe97cf04b27fb7ad

Presidential Executive Order

E9-1538 (13487)

Presidential Documents 4097 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Presidential Documents Executive Order 13487 of January 16, 2009 Establishment of a Temporary Organization To Facilitate United States Government Support for Afghanistan 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 Support Office (ASO). Sec. 2. Purpose of the Temporary Organization. The purpose of the ASO shall be to perform the specific project of supporting executive departments and agencies in preventing Afghanistan from becoming a safe haven for terrorists, facilitating Afghanistan’s progress to self-sufficiency, and maintain- ing an effective diplomatic presence in Afghanistan. Sec. 3. Functions of the Temporary Organization. In carrying out its purpose set forth in section 2, the ASO shall: (a) support executive departments and agencies in building the civilian capabilities of the Government of Afghanistan, including expansion of central services by the Government of Afghanistan, development of a thriving private sector economy, and improvement in the governance of Afghanistan’s terri- tory and borders; and (b) perform such other functions related to the specific project set forth in section 2 as the Secretary of State (Secretary) may assign. Sec. 4. Personnel and Administration. The ASO shall be headed by a Director selected by the Secretary. The ASO shall be jointly based in Washington, D.C., and Afghanistan, and the Secretary of State shall seek accreditation of employees as members of the United States Embassy Kabul as necessary. Sec. 5. General Provisions. (a) This order shall be implemented in accordance with applicable law, subject to the availability of appropriations, and con- sistent with presidential guidance. (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 agencies, instrumentalities, or entities, its offi- cers, employees, or agents, or any other person. VerDate Nov<24>2008 17:20 Jan 21, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE0.SGM 22JAE0 hsrobinson on PROD1PC76 with PROPOSALS-1 4098 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Presidential Documents (c) The ASO 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. THE WHITE HOUSE, January 16, 2009 [FR Doc. E9–1538 Filed 1–21–09; 11:15 am] Billing code 3195–W9–P VerDate Nov<24>2008 15:21 Jan 21, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE0.SGM 22JAE0 GWBOLD.EPS</GPH> hsrobinson on PROD1PC76 with PROPOSALS-1

Establishment of a Temporary Organization To Facilitate United States Government Support for Afghanistan

2009-01-16T00:00:00

d91d6a9253198b0a52b73ecaf7dbb10431a4cb68d108a105f5d0a1180b616966

Presidential Executive Order

E9-1574 (13488)

Presidential Documents 4111 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Presidential Documents Executive Order 13488 of January 16, 2009 Granting Reciprocity on Excepted Service and Federal Con- tractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 1104(a)(1), 3301, and 7301 of title 5, United States Code, and in order to simplify and streamline the system of Federal Government personnel investigative and adjudicative processes to make them more efficient and effective, it is hereby ordered as follows: Section 1. Policy. (a) When agencies determine the fitness of individuals to perform work as employees in the excepted service or as contractor employees, prior favorable fitness or suitability determinations should be granted reciprocal recognition, to the extent practicable. (b) It is necessary to reinvestigate individuals in positions of public trust in order to ensure that they remain suitable for continued employment. Sec. 2. Definitions. For the purposes of this order: (a) ‘‘Agency’’ means an executive agency as defined in section 105 of title 5, United States Code, but does not include the Government Account- ability Office. (b) ‘‘Contractor employee’’ means an individual who performs work for or on behalf of any agency under a contract and who, in order to perform the work specified under the contract, will require access to space, informa- tion, information technology systems, staff, or other assets of the Federal Government. Such contracts, include, but are not limited to: (i) personal services contracts; (ii) contracts between any non-Federal entity and any agency; and (iii) sub-contracts between any non-Federal entity and another non- Federal entity to perform work related to the primary contract with the agency. (c) ‘‘Excepted service’’ has the meaning provided in section 2103 of title 5, United States Code, but does not include those positions in any element of the intelligence community as defined in the National Security Act of 1947, as amended, to the extent they are not otherwise subject to Office of Personnel Management appointing authorities. (d) ‘‘Fitness’’ is the level of character and conduct determined necessary for an individual to perform work for or on behalf of a Federal agency as an employee in the excepted service (other than a position subject to suitability) or as a contractor employee. (e) ‘‘Fitness determination’’ means a decision by an agency that an indi- vidual has or does not have the required level of character and conduct necessary to perform work for or on behalf of a Federal agency as an employee in the excepted service (other than a position subject to suitability) or as a contractor employee. A favorable fitness determination is not a decision to appoint or contract with an individual. (f) ‘‘Position of Public Trust’’ has the meaning provided in 5 CFR Part 731. (g) ‘‘Suitability’’ has the meaning and coverage provided in CFR Part 731. VerDate Nov<24>2008 19:12 Jan 21, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE1.SGM 22JAE1 pwalker on PROD1PC71 with NOTICES6 4112 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Presidential Documents Sec. 3. Agency Authority to Set Fitness Criteria and Determine Equivalency. The authority to establish criteria for making fitness determinations remains within the discretion of the agency head. Agency heads also have the discre- tion to determine whether their criteria are equivalent to suitability standards established by the Office of Personnel Management. Agency heads shall take into account Office of Personnel Management guidance when exercising this discretion. Sec. 4. Reciprocal Recognition of Fitness and Suitability Determinations. (a) Except as provided by subsection (b) of this section, agencies making fitness determinations shall grant reciprocal recognition to a prior favorable fitness or suitability determination when: (i) the gaining agency uses criteria for making fitness determinations equivalent to suitability standards established by the Office of Personnel Management; (ii) the prior favorable fitness or suitability determination was based on criteria equivalent to suitability standards established by the Office of Personnel Management; and (iii) the individual has had no break in employment since the favorable determination was made. (b) Exceptions to Reciprocal Recognition. A gaining agency is not required to grant reciprocal recognition to a prior favorable fitness or suitability determination when: (i) the new position requires a higher level of investigation than pre- viously conducted for that individual; (ii) an agency obtains new information that calls into question the individual’s fitness based on character or conduct; or (iii) the individual’s investigative record shows conduct that is incompat- ible with the core duties of the new position. Sec. 5. Reinvestigation of Individuals in Positions of Public Trust. Individ- uals in positions of public trust shall be subject to reinvestigation under standards (including but not limited to the frequency of such reinvestigation) as determined by the Director of the Office of Personnel Management, to ensure their suitability for continued employment. Sec. 6. Responsibilities. (a) An agency shall report to the Office of Personnel Management the nature and results of the background investigation and fitness determination (or later changes to that determination) made on an individual, to the extent consistent with law. (b) The Director of the Office of Personnel Management is delegated author- ity to implement this order, including the authority to issue regulations and guidance governing suitability, or guidance related to fitness, as the Director determines appropriate. 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 budget, 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 not suspend, impede, or otherwise affect Executive Order 10450 of April 27, 1953, as amended, or Executive Order 13467 of June 30, 2008; (d) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees or agents, or any other person. VerDate Nov<24>2008 19:12 Jan 21, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE1.SGM 22JAE1 pwalker on PROD1PC71 with NOTICES6 4113 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Presidential Documents Sec. 8. Effective Date and Applicability. This order is effective upon issuance and is applicable to individuals newly appointed to excepted service positions or hired as contractor employees beginning 90 days from the effective date of this order. THE WHITE HOUSE, January 16, 2009. [FR Doc. E9–1574 Filed 1–21–09; 4:15 pm] Billing code 3195–W9–P VerDate Nov<24>2008 19:12 Jan 21, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE1.SGM 22JAE1 GWBOLD.EPS</GPH> pwalker on PROD1PC71 with NOTICES6

Granting Reciprocity on Excepted Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust

2009-01-16T00:00:00

36615be5a92638a86e5a051df0f3c107b15d8cf035447cfe4a723da7b2de92c6

Presidential Executive Order

E9-811 (13484)

Presidential Documents 2285 Federal Register Vol. 74, No. 9 Wednesday, January 14, 2009 Title 3— The President Executive Order 13484 of January 9, 2009 Amending the 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, 5 U.S.C. 3345 et seq., it is hereby ordered that Executive Order 13241 of December 18, 2001, as amended, is further amended as follows: Section 1. Section 2 is amended to read as follows: ‘‘Sec. 2. Order of Succession. ‘‘(a) General Counsel of the Department of Agriculture; ‘‘(b) Chief Financial Officer of the Department of Agriculture; ‘‘(c) Assistant Secretary of Agriculture for Administration; ‘‘(d) Under Secretary of Agriculture for Farm and Foreign Agricultural Services; ‘‘(e) Under Secretary of Agriculture for Natural Resources and Environment; ‘‘(f) Under Secretary of Agriculture for Marketing and Regulatory Programs; ‘‘(g) Under Secretary of Agriculture for Rural Development; ‘‘(h) Under Secretary of Agriculture for Food, Nutrition, and Consumer Services; ‘‘(i) Under Secretary of Agriculture for Food Safety; ‘‘(j) Under Secretary of Agriculture for Research, Education, and Economics; ‘‘(k) Assistant Secretary of Agriculture for Congressional Relations; ‘‘(l) Assistant Secretary of Agriculture for Civil Rights; ‘‘(m) Director, Kansas City Commodity Office, Farm Service Agency (con- sistent with the time of service and rate of pay requirements of section 3345(a)(3) of title 5, United States Code); and ‘‘(n) State Executive Directors of the Farm Service Agency for the States of Missouri, Kansas, Iowa, and Nebraska, in order of seniority fixed by length of unbroken service as State Executive Director of that State (consistent with the time of service and rate of pay requirements of section 3345(a)(3) of title 5, United States Code).’’. Sec. 2. Section 3(a) is amended by striking ‘‘2(a)-(j)’’ and inserting ‘‘2(a)- (n)’’, and a new section 3(c) is added to read as follows: ‘‘(c) No individual listed in section 2 shall act as the Secretary unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.’’ VerDate Nov<24>2008 19:37 Jan 13, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE1.SGM 14JAE1 rwilkins on PROD1PC63 with PROPOSALS 2286 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Presidential Documents Sec. 3. This order is intended to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 9, 2009. [FR Doc. E9–811 Filed 1–13–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 19:37 Jan 13, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE1.SGM 14JAE1 GWBOLD.EPS</GPH> rwilkins on PROD1PC63 with PROPOSALS

Amending the Order of Succession Within the Department of Agriculture

2009-01-09T00:00:00

d37f9d0b9ff154cf3dc1fb7ba1cc000ba4748950d6ce985dc21d9d4611d121d4

Presidential Executive Order

E9-814 (13485)

Presidential Documents 2287 Federal Register Vol. 74, No. 9 Wednesday, January 14, 2009 Title 3— The President Executive Order 13485 of January 9, 2009 Providing an Order of Succession Within the Department of Transportation By the authority vested in me as President under 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 officials of the Department of Transportation, in the order listed, shall act as and perform the functions and duties of the office of the Secretary of Transportation (Secretary), during any period in which the Secretary, the Deputy Secretary of Transportation, the Under Secretary of Transportation for Policy, and the officials designated by the Secretary pursuant to 49 U.S.C. 102(e) have died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary, until such time as the Secretary or one of the officials listed above is able to perform the duties of that office: (a) Administrator of the Federal Highway Administration; (b) Administrator of the Federal Aviation Administration; (c) Administrator of the Federal Motor Carrier Safety Administration; (d) Administrator of the Federal Railroad Administration; (e) Administrator of the Federal Transit Administration; (f) Administrator of the Maritime Administration; (g) Administrator of the Pipeline and Hazardous Materials Safety Adminis- tration; (h) Administrator of the National Highway Traffic Safety Administration; (i) Administrator of the Research and Innovative Technology Administra- tion; (j) Administrator of the Saint Lawrence Seaway Development Corporation; (k) Regional Administrator, Southern Region, Federal Aviation Administra- tion; (l) Director, Resource Center, Lakewood, Colorado, Federal Highway Ad- ministration; and (m) Regional Administrator, Northwest Mountain Region, Federal Aviation Administration. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this section. (b) No individual who is serving in an office listed in section 1 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. This order supersedes the President’s Memorandum of March 19, 2002 (Designation of Officers of the Department of Transportation). VerDate Nov<24>2008 20:01 Jan 13, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 rwilkins on PROD1PC63 with PROPOSALS 2288 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Presidential Documents Sec. 4. This order is intended to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 9, 2009. [FR Doc. E9–814 Filed 1–13–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 20:01 Jan 13, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 GWBOLD.EPS</GPH> rwilkins on PROD1PC63 with PROPOSALS

Providing an Order of Succession Within the Department of Transportation

2009-01-09T00:00:00

21f5e83a1aa345d7290094adbbc31918c751fa185bf4275810ad9997b8971c20

Presidential Executive Order

E8-30042 (13482)

Presidential Documents 76501 Federal Register Vol. 73, No. 242 Tuesday, December 16, 2008 Title 3— The President Executive Order 13482 of December 12, 2008 Closing of Executive Departments and Agencies of the Fed- eral Government on Friday, December 26, 2008 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 Friday, December 26, 2008, the day after Christmas Day, except as provided 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 26, 2008, for reasons of national security or defense or other public need. Sec. 3. Friday, December 26, 2008, 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. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, December 12, 2008. [FR Doc. E8–30042 Filed 12–15–08; 11:15 am] Billing code 3195–W9–P VerDate Aug<31>2005 17:25 Dec 15, 2008 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 GWBOLD.EPS</GPH> mstockstill on PROD1PC66 with FEDREGE0

Closing of Executive Departments and Agencies of the Federal Government on Friday, December 26, 2008

2008-12-12T00:00:00

e619f324504b6666e9101d7d5f1468d7aab2aebc14943d6b5a3dd5d85af7bf48

Presidential Executive Order

E9-818 (13486)

Presidential Documents 2289 Federal Register Vol. 74, No. 9 Wednesday, January 14, 2009 Title 3— The President Executive Order 13486 of January 9, 2009 Strengthening Laboratory Biosecurity in the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States that facilities that possess biological select agents and toxins have appropriate security and personnel assurance practices to protect against theft, misuse, or diversion to unlawful activity of such agents and toxins. Sec. 2. Establishment and Operation of the Working Group. (a) There is hereby established, within the Department of Defense for administrative purposes only, the Working Group on Strengthening the Biosecurity of the United States (Working Group). (b) The Working Group shall consist exclusively of the following members: (i) the Secretary of State; (ii) the Secretary of Defense, who shall be a Co-Chair of the Working Group; (iii) the Attorney General; (iv) the Secretary of Agriculture; (v) the Secretary of Commerce; (vi) the Secretary of Health and Human Services, who shall be a Co- Chair of the Working Group; (vii) the Secretary of Transportation; (viii) the Secretary of Energy; (ix) the Secretary of Homeland Security; (x) the Administrator of the Environmental Protection Agency; (xi) the Director of National Intelligence; (xii) the Director of the National Science Foundation; and (xiii) the head of any other department or agency when designated: (A) by the Co-Chairs of the Working Group with the concurrence of such head; or (B) by the President. (c) The Co-Chairs shall convene and preside at meetings of the Working Group, determine its agenda, and direct its work. The Co-Chairs may establish and direct subgroups of the Working Group, as appropriate to deal with particular subject matters, that shall consist exclusively of members of the Working Group. (d) A member of the Working Group may designate, to perform the Working Group or Working Group subgroup functions of the member, any person who is a part of the member’s agency and who is an officer of the United States appointed by the President, a member of the Senior Executive Service (SES), or the equivalent of a member of the SES. Sec. 3. Functions of the Working Group. Consistent with this order, and to assist in implementing the policy set forth in section 1 of this order, the Working Group shall: (a) review and evaluate the efficiency and effectiveness, with respect to Federal and nonfederal facilities that conduct research on, manage clinical VerDate Nov<24>2008 19:08 Jan 13, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE2.SGM 14JAE2 rwilkins on PROD1PC63 with PROPOSALS 2290 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Presidential Documents or environmental laboratory operations involving, or handle, store, or trans- port biological select agents and toxins, of the following: (i) existing laws, regulations, and guidance with respect to physical, facility, and personnel security and assurance; and (ii) practices with respect to physical, facility, and personnel security and assurance; (b) obtain information or advice, as appropriate for the conduct of the review and evaluation, from the following: (i) heads of executive departments and agencies; (ii) elements of foreign governments and international organizations with responsibility for biological matters, consistent with functions assigned by law or by the President to the Secretary of State; and (iii) representatives of State, local, territorial, and tribal governments, and other entities or other individuals in a manner that seeks their indi- vidual advice and does not involve collective judgment or consensus advice or deliberation; and (c) submit a report to the President, through the Co-Chairs, not later than 180 days after the date of this order that is unclassified, with a classified annex as required, and sets forth the following: (i) a summary of existing laws, regulations, guidance, and practices with respect to security and personnel assurance reviewed under sub- section (a) of this section and their efficiency and effectiveness; (ii) recommendations for any new legislation, regulations, guidance, or practices for security and personnel assurance for all Federal and non- federal facilities described in subsection (a); (iii) options for establishing oversight mechanisms to ensure a baseline standard is consistently applied for all physical, facility, and personnel security and assurance laws, regulations, and guidance at all Federal and nonfederal facilities described in subsection (a); and (iv) a comparison of the range of existing personnel security and assur- ance programs for access to biological select agents and toxins to personnel security and assurance programs in other fields and industries. Sec. 4. Duties of Heads of Departments and Agencies. (a) The heads of departments and agencies shall provide for the labor and travel costs of their representatives and, to the extent permitted by law, provide the Working Group such information and assistance as it needs to implement this order. (b) To the extent permitted by law and subject to the availability of appropriations, the Secretary of Defense shall provide the Working Group with such administrative and support services as may be necessary for the performance of its functions. Sec. 5. Termination of the Working Group. The Working Group shall termi- nate 60 days after the date of the report submitted under subsection 3(c) of this order. Sec. 6. 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 budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Nov<24>2008 19:08 Jan 13, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE2.SGM 14JAE2 rwilkins on PROD1PC63 with PROPOSALS 2291 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Presidential Documents (c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 9, 2009. [FR Doc. E9–818 Filed 1–13–09; 8:45 am] Billing code 3195–W9–P VerDate Nov<24>2008 19:08 Jan 13, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE2.SGM 14JAE2 GWBOLD.EPS</GPH> rwilkins on PROD1PC63 with PROPOSALS

Strengthening Laboratory Biosecurity in the United States

2009-01-09T00:00:00

2695780dc871ed16184ffae5bf7bb75dea4f6ae04b16b7ae4f49dee06391a639

Presidential Executive Order

E8-29564 (13481)

Presidential Documents 75531 Federal Register Vol. 73, No. 239 Thursday, December 11, 2008 Title 3— The President Executive Order 13481 of December 9, 2008 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. 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 Gen- eral, and the officers designated by the Attorney General pursuant to 28 U.S.C. 508 to act as Attorney General have died, resigned, or otherwise become unable to perform the functions and duties of the office of Attorney General, until such time as at least one of the officers mentioned above is able to perform the functions and duties of that office: (a) United States Attorney for the District of Maryland; (b) United States Attorney for the Southern District of Alabama; and (c) United States Attorney for the Northern District of Georgia. 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. This order supersedes the President’s Memorandum for the Attorney General of December 8, 2006 (Designation of Officers of the Department of Justice). Sec. 4. This order is intended to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. VerDate Aug<31>2005 18:36 Dec 10, 2008 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11DEE0.SGM 11DEE0 jlentini on PROD1PC65 with FRE0 75532 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Presidential Documents THE WHITE HOUSE, Washington, December 9, 2008. [FR Doc. E8–29564 Filed 12–10–08; 2:00 pm] Billing code 3195–W9–P VerDate Aug<31>2005 18:36 Dec 10, 2008 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11DEE0.SGM 11DEE0 GWBOLD.EPS</GPH> jlentini on PROD1PC65 with FRE0

Providing An Order of Succession Within the Department of Justice

2008-12-09T00:00:00

a55ee53f3dfe35cefb29f612b362d73cbc1a3624b67103952d1e5d7d6f81fc22

Presidential Executive Order

E8-27771 (13478)

Presidential Documents 70239 Federal Register Vol. 73, No. 225 Thursday, November 20, 2008 Title 3— The President Executive Order 13478 of November 18, 2008 Amendments To Executive Order 9397 Relating To Federal Agency Use of Social Security Numbers By the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States that Federal agencies should conduct agency activities that involve personal identifiers in a manner consistent with protection of such identifiers against unlawful use. Sec. 2. Amendments to Executive Order 9397. Executive Order 9397 of November 22, 1943, is amended: (a) in paragraph 1 by: (i) striking ‘‘shall’’ and inserting in lieu thereof ‘‘may’’; (ii) striking ‘‘exclusively’’; (iii) striking ‘‘Title 26, section 402.502’’ and inserting in lieu thereof ‘‘title 20, section 422.103’’; and (iv) striking ‘‘the 1940 Supplement to’’; (b) by striking ‘‘Bureau of the Budget’’ in paragraph 5 and inserting in lieu thereof ‘‘Office of Management and Budget’’; (c) by renumbering paragraph 6 as paragraph 8; (d) by inserting immediately following paragraph 5 the following new paragraphs: ‘‘6. This order shall be implemented in accordance with applicable law and subject to the availability of appropriations. ‘‘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, instru- mentalities, or entities, its officers, employees, or agents, or any other person.’’; and (e) by striking ‘‘Board’’ each place it appears and inserting in lieu thereof in each such place ‘‘Administration’’. VerDate Aug<31>2005 07:41 Nov 19, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\20NOE0.SGM 20NOE0 yshivers on PROD1PC62 with MISCELLANEOUS 70240 Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Presidential Documents Sec. 3. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, November 18, 2008. [FR Doc. E8–27771 Filed 11–19–08; 8:45 am] Billing code 3195–W9–P VerDate Aug<31>2005 07:41 Nov 19, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\20NOE0.SGM 20NOE0 GWBOLD.EPS</GPH> yshivers on PROD1PC62 with MISCELLANEOUS

Amendments To Executive Order 9397 Relating To Federal Agency Use of Social Security Numbers

2008-11-18T00:00:00

6609f9fd2495bd973b965bf5c73d4ff706ed7a245835dbb16dfc5a089709beb7

Presidential Executive Order

E8-28912 (13480)

Presidential Documents 73991 Federal Register Vol. 73, No. 234 Thursday, December 4, 2008 Title 3— The President Executive Order 13480 of November 26, 2008 Exclusions From the Federal Labor-management Relations Program By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7103(b)(1) of title 5, United States Code, and in order to reflect the effects of the reorganization and restructuring of the Departments of Energy, Homeland Security, Justice, Transportation, and the Treasury on their subdivisions exempted from cov- erage under the Federal Labor-Management Relations Program, it is hereby ordered as follows: Section 1. Determinations. The subdivisions of the Departments of Energy, Homeland Security, Justice, Transportation, and the Treasury set forth in sections 2 through 6 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is further determined that chapter 71 of title 5, United States Code, cannot be applied to these subdivisions in a manner consistent with national security requirements and considerations. Sec. 2. Department of Energy. Executive Order 12171 of November 19, 1979, as amended, is further amended by revising section 1–210 to read as follows: ‘‘1–210. Agencies or subdivisions of the Department of Energy: (a) The National Nuclear Security Administration. (b) The Office of Intelligence. (c) The Office of Counterintelligence. (d) The Office of Intelligence and Counterintelligence. (e) The Savannah River Operations Office.’’ Sec. 3. Department of Homeland Security. Executive Order 12171 of Novem- ber 19, 1979, as amended, is further amended by revising section 1–214 to read as follows: ‘‘1–214. Agencies or subdivisions of the Department of Homeland Security: (a) Office of the Military Advisor. (b) The following office within the Management Directorate: (1) Office of Security. (c) Office of Operations Coordination. (d) Office of Counternarcotics Enforcement. (e) Office of Intelligence and Analysis. (f) Domestic Nuclear Detection Office. (g) The following offices and subdivisions within the United States Coast Guard: (1) Maritime Intelligence Fusion Centers, Atlantic. (2) Pacific Area Intelligence Division. (3) Intelligence Coordination Center. (4) Coast Guard Investigative Service. (5) Coast Guard Security Center. VerDate Aug<31>2005 16:25 Dec 03, 2008 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\04DEE0.SGM 04DEE0 mstockstill on PROD1PC66 with FEDREGE0 73992 Federal Register / Vol. 73, No. 234 / Thursday, December 4, 2008 / Presidential Documents (h) The following offices and subdivisions within United States Immigra- tion and Customs Enforcement: (1) The Office of Investigations. (2) The Office of International Affairs. (3) The Office of Intelligence. (4) The National Incident Response Unit. (i) The following office within the Transportation Security Administration: (1) The Office of Law Enforcement/Federal Air Marshal Service. (j) The following office within United States Customs and Border Protec- tion: (1) The Office of Intelligence and Operations Coordination. (k) The following offices and subdivisions within the Federal Emergency Management Agency: (1) The following offices and subdivisions within the Office of National Continuity Programs: (A) The Office of the Assistant Administrator. (B) The Operations Division. (C) The Continuity of Operations Division. (D) The Readiness Division. (E) The Integrated Public Alert and Warning Systems Division. (2) The following subdivisions within the Disaster Operations Directorate: (A) The Mobile Emergency Response Support Operations, including Mobile Emergency Response Support Detachments. (B) The FEMA Operations Center. (C) The Alternate FEMA Operations Center.‘‘ Sec. 4. Department of Justice. Executive Order 12171 of November 19, 1979, as amended, is further amended by: (a) revising subsection (g) of section 1–209 to read as follows: ‘‘(g) National Security Division.’’; and (b) adding to the end of section 1–209 the following new subsection: ‘‘(h) Bureau of Alcohol, Tobacco, Firearms, and Explosives.’’ Sec. 5. Department of Transportation. Executive Order 12171 of November 19, 1979, as amended, is further amended by revising section 1–213 to read as follows: ‘‘1–213. The following subdivision of the Federal Aviation Administration (FAA), Department of Transportation: National Security Coordination Divi- sion, Office of Emergency Operations and Investigations, FAA Office of Security and Hazardous Materials.’’ Sec. 6. Department of the Treasury. Executive Order 12171 of November 19, 1979, as amended, is further amended by revising section 1–203 to read as follows: ‘‘1–203. Agencies or subdivisions of the Department of the Treasury: (a) The Office of Terrorism and Financial Intelligence. (b) The Financial Crimes Enforcement Network. (c) Criminal Investigation, Internal Revenue Service. (d) The Trade Analysis and Enforcement Division, Alcohol and Tobacco Tax and Trade Bureau.‘‘ VerDate Aug<31>2005 16:25 Dec 03, 2008 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\04DEE0.SGM 04DEE0 mstockstill on PROD1PC66 with FEDREGE0 73993 Federal Register / Vol. 73, No. 234 / Thursday, December 4, 2008 / 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 agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, November 26, 2008. [FR Doc. E8–28912 Filed 12–3–08; 11:15 am] Billing code 3195–W9–P VerDate Aug<31>2005 16:25 Dec 03, 2008 Jkt 217001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\04DEE0.SGM 04DEE0 GWBOLD.EPS</GPH> mstockstill on PROD1PC66 with FEDREGE0

Exclusions From the Federal Labor-management Relations Program

2008-11-26T00:00:00

5d69972d8d4fb05780f76fc4242250086947880b4e57a0397a5805950a49ffa3

Presidential Executive Order

E8-27777 (13479)

Presidential Documents 70241 Federal Register Vol. 73, No. 225 Thursday, November 20, 2008 Title 3— The President Executive Order 13479 of November 18, 2008 Transformation of the National Air Transportation System By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to establish and maintain a national air transportation system that meets the present and future civil aviation, homeland security, economic, environmental protection, and national defense needs of the United States, including through effective implementation of the Next Generation Air Transportation System (NextGen). Sec. 2. Definitions. As used in this order the term ‘‘Next Generation Air Transportation System’’ means the system to which section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176) (Act) refers. Sec. 3. Functions of the Secretary of Transportation. Consistent with sections 709 and 710 of the Act and the policy set forth in section 1 of this order, the Secretary of Transportation shall: (a) take such action within the authority of the Secretary, and recommend as appropriate to the President such action as is within the authority of the President, to implement the policy set forth in section 1 of this order and in particular to implement the NextGen in a safe, secure, timely, environ- mentally sound, efficient, and effective manner; (b) convene quarterly, unless the Secretary determines that meeting less often is consistent with effective implementation of the policy set forth in section 1 of this order, the Senior Policy Committee established pursuant to section 710 of the Act (Committee); (c) not later than 60 days after the date of this order, establish within the Department of Transportation a support staff (Staff), including employees from departments and agencies assigned pursuant to subsection 4(e) of this order, to support, as directed by the Secretary, the Secretary and the Com- mittee in the performance of their duties relating to the policy set forth in section 1 of this order; and (d) not later than 180 days after the date of this order, establish an advisory committee to provide advice to the Secretary and, through the Secretary, the Committee concerning the implementation of the policy set forth in section 1 of this order, including aviation-related subjects and any related performance measures specified by the Secretary, pursuant to section 710 of the Act. Sec. 4. Functions of Other Heads of Executive Departments and Agencies. Consistent with the policy set forth in section 1 of this order: (a) the Secretary of Defense shall assist the Secretary of Transportation by: (i) collaborating, as appropriate, and verifying that the NextGen meets the national defense needs of the United States consistent with the policies and plans established under applicable Presidential guidance; and (ii) furnishing, as appropriate, data streams to integrate national de- fense capabilities of the United States civil and military systems relat- ing to the national air transportation system, and coordinating the de- velopment of requirements and capabilities to address tracking and VerDate Aug<31>2005 08:06 Nov 19, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\20NOE1.SGM 20NOE1 yshivers on PROD1PC62 with MISCELLANEOUS 70242 Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Presidential Documents other activities relating to non-cooperative aircraft in consultation with the Secretary of Homeland Security, as appropriate; (b) the Secretary of Commerce shall: (i) develop and make available, as appropriate, the capabilities of the Department of Commerce, including those relating to aviation weather and spectrum management, to support the NextGen; and (ii) take appropriate account of the needs of the NextGen in the trade, commerce, and other activities of the Department of Commerce, in- cluding those relating to the development and setting of standards; (c) the Secretary of Homeland Security shall assist the Secretary of Trans- portation by ensuring that: (i) the NextGen includes the aviation-related security capabilities nec- essary to ensure the security of persons, property, and activities with- in the national air transportation system consistent with the policies and plans established under applicable Presidential guidance; and (ii) the Department of Homeland Security shall continue to carry out all statutory and assigned responsibilities relating to aviation security, border security, and critical infrastructure protection in consultation with the Secretary of Defense, as appropriate; (d) the Administrator of the National Aeronautics and Space Administra- tion shall carry out the Administrator’s duties under Executive Order 13419 of December 20, 2006, in a manner consistent with that order and the policy set forth in section 1 of this order; (e) the heads of executive departments and agencies shall provide to the Secretary of Transportation such information and assistance, including personnel and other resources for the Staff to which subsection 3(c) of this order refers, as may be necessary and appropriate to implement this order as agreed to by the heads of the departments and agencies involved; and (f) the Director of the Office of Management and Budget may issue such instructions as may be necessary to implement subsection 5(b) of this order. Sec. 5. Additional Functions of the Senior Policy Committee. In addition to performing the functions specified in section 710 of the Act, the Committee shall: (a) report not less often than every 2 years to the President, through the Secretary of Transportation, on progress made and projected to implement the policy set forth in section 1 of this order, together with such recommenda- tions including performance measures for administrative or other action as the Committee determines appropriate; (b) review the proposals by the heads of executive departments and agen- cies to the Director of the Office of Management and Budget with respect to programs affecting the policy set forth in section 1 of this order, and make recommendations including performance measures thereon, through the Secretary of Transportation, to the Director; and (c) advise the Secretary of Transportation and, through the Secretary of Transportation, the Secretaries of Defense, Commerce, and Homeland Secu- rity, and the Administrator of the National Aeronautics and Space Adminis- tration, with respect to the activities of their departments and agencies in the implementation of the policy set forth in section 1 of this order. Sec. 6. 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 budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Aug<31>2005 08:06 Nov 19, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\20NOE1.SGM 20NOE1 yshivers on PROD1PC62 with MISCELLANEOUS 70243 Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / 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, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, November 18, 2008. [FR Doc. E8–27777 Filed 11–19–08; 8:45 am] Billing code 3195–W9–P VerDate Aug<31>2005 08:06 Nov 19, 2008 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\20NOE1.SGM 20NOE1 GWBOLD.EPS</GPH> yshivers on PROD1PC62 with MISCELLANEOUS

Transformation of the National Air Transportation System

2008-11-18T00:00:00

cececaaa288a40c6631ff0d27c1f9f3c50d25ca246aed782bbc8dd8f53bb40c5

Presidential Executive Order

2010-9451 (13538)

Presidential Documents 20895 Federal Register Vol. 75, No. 77 Thursday, April 22, 2010 Title 3— The President Executive Order 13538 of April 19, 2010 Establishing the President’s Management Advisory Board By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. There is established within the General Services Administration (GSA) the President’s Management Advisory Board (PMAB). Sec. 2. Mission. (a) The PMAB shall provide the President and the President’s Management Council (PMC) advice and recommendations on effective strate- gies for the implementation of best business practices on matters related to Federal Government management and operation, with a particular focus on productivity, the application of technology, and customer service. (b) The functions of the PMAB shall be advisory only. Sec. 3. Membership. (a) The PMAB shall consist of not more than 18 members, one of whom shall be the Deputy Director for Management of the Office of Management and Budget (DDM). The remaining 17 members shall be appointed by the President from among distinguished citizens from outside the Federal Government who are qualified on the basis of a proven record of sound judgment in leading or governing large, complex, or innovative private sector corporations or entities and a wealth of top-level business experience in the areas of executive management, audit and finance, human resources and compensation, customer service, streamlining operations, and technology. Each of these 17 members may serve as a representative of his or her industry, trade group, public interest group, or other organization or group. The composition of the PMAB shall reflect the views of diverse stakeholders. (b) The DDM shall serve as Chair of the PMAB. The Chair shall convene and preside at meetings of the PMAB, determine its agenda, and direct its work. (c) Members appointed by the President shall serve for a term of 2 years and shall be eligible for reappointment. Members may continue to serve after the expiration of their terms until the appointment of a successor. Sec. 4. Administration. (a) The General Services Administration shall provide funding and administrative support for the PMAB to the extent permitted by law and within existing appropriations. (b) All executive departments, agencies, and offices shall provide informa- tion and assistance to the PMAB as the Chair may request for purposes of carrying out the PMAB’s functions, to the extent permitted by law. (c) The PMAB shall have a staff headed by an Executive Director, who shall be a full-time or permanent part-time Federal employee appointed by the Chair. 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). (d) Members of the PMAB 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 Government service (5 U.S.C. 5701–5707), consistent with the availability of funds. Sec. 5. Termination. The PMAB shall terminate 2 years after the date of this order unless extended by the President. Sec. 6. General Provisions. (a) Insofar as the FACA may apply to the PMAB, any functions of the President under that Act, except that of reporting VerDate Nov<24>2008 11:00 Apr 21, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\22APE0.SGM 22APE0 rmajette on DSK29S0YB1PROD with RULES5 20896 Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Presidential Documents to the Congress, shall be performed by the Administrator of General Services 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 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 is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 19, 2010. [FR Doc. 2010–9451 Filed 4–21–10; 8:45 am] Billing code 3195–W0–P VerDate Nov<24>2008 11:00 Apr 21, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\22APE0.SGM 22APE0 OB#1.EPS</GPH> rmajette on DSK29S0YB1PROD with RULES5

Establishing the President's Management Advisory Board

2010-04-19T00:00:00

a525e45cb70ebce6baf6313913f70044d2dac729c713ac778fba3ec2e0aa35df

Presidential Executive Order

E8-26531 (13477)

Presidential Documents 65965 Federal Register Vol. 73, No. 215 Wednesday, November 5, 2008 Title 3— The President Executive Order 13477 of October 31, 2008 Settlement of Claims Against Libya By the authority vested in me as President by the Constitution and the laws of the United States of America, and pursuant to the August 14, 2008, claims settlement agreement between the United States of America and Libya (Claims Settlement Agreement), and in recognition of the October 31, 2008, certification of the Secretary of State, pursuant to section 5(a)(2) of the Libyan Claims Resolution Act (Public Law 110–301), and in order to continue the process of normalizing relations between the United States and Libya, it is hereby ordered as follows: Section 1. All claims within the terms of Article I of the Claims Settlement Agreement (Article I) are settled. (a) Claims of United States nationals within the terms of Article I are espoused by the United States and are settled according to the terms of the Claims Settlement Agreement. (i) No United States national may assert or maintain any claim within the terms of Article I in any forum, domestic or foreign, except under the procedures provided for by the Secretary of State. (ii) Any pending suit in any court, domestic or foreign, by United States nationals (including any suit with a judgment that is still sub- ject to appeal or other forms of direct judicial review) coming within the terms of Article I shall be terminated. (iii) The Secretary of State shall provide for procedures governing ap- plications by United States nationals with claims within the terms of Article I for compensation for those claims. (iv) The Attorney General shall enforce this subsection through all ap- propriate means, which may include seeking the dismissal, with prej- udice, of any claim of a United States national within the terms of Article I pending or filed in any forum, domestic or foreign. (b) Claims of foreign nationals within the terms of Article I are settled according to the terms of the Claims Settlement Agreement. (i) No foreign national may assert or maintain any claim coming with- in the terms of Article I in any court in the United States. (ii) Any pending suit in any court in the United States by foreign nationals (including any suit with a judgment that is still subject to appeal or other forms of direct judicial review) coming within the terms of Article I shall be terminated. (iii) Neither the dismissal of the lawsuit, nor anything in this order, shall affect the ability of any foreign national to pursue other avail- able remedies for claims coming within the terms of Article I in for- eign courts or through the efforts of foreign governments. (iv) The Attorney General shall enforce this subsection through all ap- propriate means, which may include seeking the dismissal, with prej- udice, of any claim of a foreign national within the terms of Article I pending or filed in any court in the United States. Sec. 2. For purposes of this order: (a) The term ‘‘United States national’’ has the same meaning as ‘‘national of the United States’’ in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), but also includes any entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches). VerDate Aug<31>2005 17:55 Nov 04, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\05NOE0.SGM 05NOE0 rwilkins on PROD1PC63 with MISCELLANEOUS 65966 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Presidential Documents (b) The term ‘‘foreign national’’ means any person other than a United States national. (c) The term ‘‘person’’ means any individual or entity, including both natural and juridical persons. (d) The term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. Sec. 3. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. THE WHITE HOUSE, Washington, October 31, 2008. [FR Doc. E8–26531 Filed 11–4–08; 8:45 am] Billing code 3195–W9–P VerDate Aug<31>2005 17:55 Nov 04, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\05NOE0.SGM 05NOE0 GWBOLD.EPS</GPH> rwilkins on PROD1PC63 with MISCELLANEOUS

Settlement of Claims Against Libya

2008-10-31T00:00:00

7d970c8c4deadd5e9b0e07a5732e937df80f44162dff610b95d314af4e9f1e79

Presidential Executive Order

E8-23235 (13474)

Presidential Documents 57229 Federal Register Vol. 73, No. 191 Wednesday, October 1, 2008 Title 3— The President Executive Order 13474 of September 26, 2008 Amendments to Executive Order 12962 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to conserve, restore, and enhance aquatic systems to provide for increased recreational fishing opportunities nationwide, it is hereby ordered as follows: Section 1. Executive Order 12962 of June 7, 1995, is hereby amended: (a) in the preamble, by striking ‘‘and the Magnuson Fishery Conservation and Management Act (16 U.S.C 1801–1882)’’ and inserting before ‘‘, and other pertinent statutes,’’ the following: ‘‘the National Marine Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-ee), the National Park Service Organic Act (16 U.S.C. 1 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), Wilderness Act (16 U.S.C. 1131 et seq.), the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Coastal Zone Management Act (16 U.S.C. 1451 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)’’; and (b) by redesignating subsections (d) through (i) in section 1 as subsections (e) through (j), respectively, and inserting after subsection (c) the following new subsection: ‘‘(d) ensuring that recreational fishing shall be managed as a sustainable activity in national wildlife refuges, national parks, national monuments, national marine sanctuaries, marine protected areas, or any other relevant conservation or management areas or activities under any Federal authority, consistent with applicable law;’’. VerDate Aug<31>2005 18:53 Sep 30, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 pwalker on PROD1PC71 with NOTICES3 57230 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Presidential Documents Sec. 2. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, September 26, 2008 [FR Doc. E8–23235 Filed 9–30–08; 8:45 am] Billing code 3195–01–P VerDate Aug<31>2005 18:53 Sep 30, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\01OCE0.SGM 01OCE0 GWBOLD.EPS</GPH> pwalker on PROD1PC71 with NOTICES3

Amendments to Executive Order 12962

2008-09-26T00:00:00

d0a94b5d3f3d6c112ff9a97bc0dd8c82733c0f78fde6685f2f3b07b6bf091b40

Presidential Executive Order

E8-24465 (13476)

Presidential Documents 60605 Federal Register Vol. 73, No. 199 Tuesday, October 14, 2008 Title 3— The President Executive Order 13476 of October 9, 2008 Facilitation of a Presidential Transition By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7301 of title 5, United States Code, and the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) (IRTPA), and in order to further the purposes of the Presidential Transition Act of 1963, as amended, and to assist the presidential transition, it is hereby ordered as follows: Section 1. Presidential Transition Coordination. (a) To assist and support the transition efforts of the transition teams for the ‘‘major party’’ ‘‘can- didates,’’ as those terms are used in the IRTPA and defined in section 9002(2) and (6) of the Internal Revenue Code of 1986 (26 U.S.C. 9002(2), (6)), and the President-elect, there is established a Presidential Transition Coordinating Council (Council). (b) The Council shall be composed of the following officials or their designees: (i) Chief of Staff to the President, who shall serve as Chair; (ii) Assistant to the President and Deputy Chief of Staff for Operations, who shall serve as Vice Chair; (iii) Assistant to the President and Deputy Chief of Staff for Policy; (iv) Counsel to the President; (v) Assistant to the President for Presidential Personnel; (vi) Assistant to the President for National Security Affairs; (vii) Assistant to the President for Homeland Security and Counterterrorism; (viii) Assistant to the President for Economic Policy and Director, National Economic Council; (ix) Attorney General; (x) Director of National Intelligence; (xi) Director of the Office of Management and Budget; (xii) Director of the Office of Personnel Management; (xiii) Administrator of General Services; (xiv) Archivist of the United States; (xv) Director of the Office of Government Ethics; and (xvi) Such others as the President or the Chair of the Council may select. (c) The Council shall assist the major party candidates and the President- elect by making every reasonable effort to facilitate the transition between administrations. This assistance may include, among other things, providing information relevant to facilitating the personnel aspects of a presidential transition and such other information that, in the Council’s judgment, is useful and appropriate, as long as providing such information is not otherwise prohibited by law. (d) In order to obtain a wide range of facts and information on prior transitions and best practices, the Council, its members, or their designees may, from time to time, seek information from private individuals, including VerDate Aug<31>2005 15:35 Oct 10, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 ebenthall on PROD1PC60 with MISCELLANEOUS 60606 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Presidential Documents individuals within outside organizations, who have significant experience or expertise in presidential transitions. The Council, its members, or their designees shall endeavor to obtain such facts and information from individ- uals representing a range of bipartisan or nonpartisan viewpoints. If the Council, its members, or their designees find it necessary to seek advice from private individuals or outside organizations, such counsel should be sought in a manner that seeks individual advice and does not involve collective judgment or deliberation. (e) It shall be the policy of the Council to provide appropriate information and assistance to the major party candidates on an equal basis and without regard for party affiliation. Sec. 2. Transition Activities and Materials. (a) At the direction of the Council or its designee(s), the Administrator of General Services shall coordinate orientation activities with the appropriate agencies, including the Office of Government Ethics and the Office of Personnel Management, for key prospective presidential appointees. (b) At the direction of the Council or its designee(s), the White House Office of Presidential Personnel shall supplement as appropriate and nec- essary the electronic record of all title 5 presidentially appointed positions provided by the Office of Personnel Management to the major party can- didates pursuant to section 8403(b) of IRTPA. (c) The Suitability and Security Clearance Performance Accountability Council shall coordinate with the Council when performing those functions authorized by Executive Order 13467 of June 30, 2008, that are necessary to assist in transition-related activities. (d) At the direction of the Council or its designee(s), executive departments and agencies shall prepare a set of briefing materials for new political appointees before the inauguration of the President-elect. The current Admin- istration shall work with the incoming transition team to provide copies of all such materials. (e) At the direction of the Council or its designee(s) and consistent with the Presidential Transition Act of 1963, as amended, the Administrator of General Services, in consultation with the Archivist of the United States and other appropriate agencies, shall develop a Transition Directory. This directory shall include Federal publications and other materials that provide information on each executive department and agency. Sec. 3. Transition Agreements. To assist and support the transition, transition agreements between the White House or appropriate executive branch depart- ments and agencies and the transition teams for the major party candidates and the President-elect will be entered into, as necessary, regarding transition procedures and identification of transition contacts. Sec. 4. General Provisions. (a) In order to take appropriate account of the transition reforms made by IRTPA and to further update and clarify the presidential transition process, this order supersedes Executive Order 13176 of November 27, 2000. (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 budget, administrative, or legislative proposals. VerDate Aug<31>2005 15:35 Oct 10, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 ebenthall on PROD1PC60 with MISCELLANEOUS 60607 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Presidential Documents (c) This order is intended only to facilitate the transition and is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. (d) Unless extended by the President, this order shall expire on February 20, 2009. THE WHITE HOUSE, October 9, 2008 [FR Doc. E8–24465 Filed 10–10–08; 8:45 am] Billing code 3195–W9–P VerDate Aug<31>2005 15:35 Oct 10, 2008 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 GWBOLD.EPS</GPH> ebenthall on PROD1PC60 with MISCELLANEOUS

Facilitation of a Presidential Transition

2008-10-09T00:00:00

0582ceefee70d0b90918a079a0d6656a94b6f0ffd76b4f3e59e0407c3636b36e

Presidential Executive Order

E8-21651 (13472)

Presidential Documents 53353 Federal Register Vol. 73, No. 179 Monday, September 15, 2008 Title 3— The President Executive Order 13472 of September 11, 2008 Executive Branch Responsibilities With Respect To Orders of Succession By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the Federal Government to ensure that each executive branch agency can perform its essential functions and remain an effectively functioning part of the Federal Government under all conditions. Accordingly, each agency shall take all appropriate actions to establish, maintain, and, as necessary, revise an order of succession, or to propose presidential action to establish or revise an order of succession. Sec. 2. Definitions. As used in this order: (a) ‘‘agency’’ means: (i) an executive agency as defined in section 105 of title 5, United States Code, other than the Government Accountability Office; and (ii) the United States Postal Service and the Postal Regulatory Com- mission; and (b) ‘‘order of succession’’ means a list of officials by position who shall act as and perform the functions and duties of the office of the head of the agency in the event that the office-holder has died, resigned, or otherwise become unable to perform the functions and duties of the office. ‘‘Order of succession’’ does not include any order, rule, memorandum, or other document delegating or partially delegating the authority of an office. Sec. 3. Orders of Succession Requiring Presidential Action. (a) Each agency for which presidential action is required to establish an order of succession shall draft a proposed order of succession if no such order exists and, not later than 30 days from the date of this order, send such proposed draft order to the Counsel to the President for review and comment. (b) Each agency described in subsection 3(a) of this order shall send any proposed updates or revisions to the agency’s order of succession to the Counsel to the President for review and comment. (c) Upon completion of the requirements set forth by subsections (a) or (b) of this section with respect to a proposed order, the agency shall submit the proposed order to the Office of Management and Budget in accordance with Executive Order 11030, as amended. Sec. 4. Orders of Succession Not Requiring Presidential Action. (a) Each agency for which presidential action is not required to establish an order of succession because of the agency’s existing legal authority shall establish and maintain such order in accordance with applicable law and any applica- ble guidance issued by the President or the Secretary of Homeland Security, including the laws and guidance regarding continuity plans and programs for the executive branch. (b) Each agency described in subsection 4(a) of this order shall update and revise its order of succession as necessary. Before implementing any revisions to its order of succession, such agency shall send the proposed revisions to the Counsel to the President for review and comment. (c) Not later than 30 days from the date of this order, and not later than 7 days from the issuance date of any subsequent final revision VerDate Aug<31>2005 21:00 Sep 12, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\15SEE0.SGM 15SEE0 pwalker on PROD1PC71 with PROPOSALS4 53354 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Presidential Documents to an existing order of succession, each agency described in subsection 4(a) of this order shall provide a copy of its order of succession to the Counsel to the President, the Assistant to the President for Homeland Security and Counterterrorism, and the Director of the Office of Manage- ment and Budget. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department, agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) Nothing in this order shall be construed to delegate the President’s authority under the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to designate individuals to perform the functions and duties of a vacant office temporarily in an acting capacity. (c) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, September 11, 2008 [FR Doc. E8–21651 Filed 9–12–08; 11:15 am] Billing code 3195–01–P VerDate Aug<31>2005 21:00 Sep 12, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\15SEE0.SGM 15SEE0 GWBOLD.EPS</GPH> pwalker on PROD1PC71 with PROPOSALS4

Executive Branch Responsibilities With Respect To Orders of Succession

2008-09-11T00:00:00

6d1d9cb1094abb8c5f97aa527acf2e902a5c8ed6133bcc91823bd09c5b3df2bb

Presidential Executive Order

E8-20436 (13471)

Presidential Documents 51209 Federal Register Vol. 73, No. 170 Tuesday, September 2, 2008 Title 3— The President Executive Order 13471 of August 28, 2008 Further Amendments To Executive Order 13285, President’s Council On Service And Civic Participation By the authority vested in me as President by the Constitution and the laws of the United States, and in order to increase the membership and extend the duration of the President’s Council on Service and Civic Participa- tion, it is hereby ordered that Executive Order 13285 of January 29, 2003, as amended, is further amended as follows: Section 1. Section 1 is amended by adding at the end of section 1 the following new subsection: ‘‘(c) To conduct and vote on official business during meetings, the Council must convene a quorum of at least 10 Council members.’’ Sec. 2. Section 4(b) is amended to read: ‘‘(b) Unless further extended by the President, this order shall expire on June 30, 2009.’’ Sec. 3. Section 4 is amended by adding at the end thereof the following new subsection: ‘‘(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.’’ THE WHITE HOUSE, August 28, 2008 [FR Doc. E8–20436 Filed 8–29–08; 8:45 am] Billing code 3195–01–P VerDate Aug<31>2005 08:25 Aug 29, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02SEE0.SGM 02SEE0 GWBOLD.EPS</GPH> erowe on PROD1PC71 with MISCELLANEOUS

Further Amendments To Executive Order 13285, President's Council On Service And Civic Participation

2008-08-28T00:00:00

003d92af925b0e667ed4f2fbca93f1aed32533297858afc8a34a29d840ed7222

Presidential Executive Order

E8-24342 (13475)

Presidential Documents 60095 Federal Register Vol. 73, No. 198 Friday, October 10, 2008 Title 3— The President Executive Order 13475 of October 7, 2008 Further Amendments To Executive Orders 12139 And 12949 In Light of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by the Foreign Intelligence Surveillance Act of 1978 Amend- ments Act of 2008 (Public Law 110–261), it is hereby ordered as follows: Section 1. Section 1–103 of Executive Order 12139 of May 23, 1979, as amended, is further amended by: (a) striking ‘‘(7)’’ each place it appears and inserting in lieu thereof ‘‘(6)’’; (b) adding after subsection (h) ‘‘(i) Deputy Director of the Federal Bureau of Investigation.’’; and (c) by adding after the sentence that begins ‘‘None of the above officials . . .’’, a new sentence to read ‘‘The requirement of the preceding sentence that the named official must be appointed by the President with the advice and consent of the Senate does not apply to the Deputy Director of the Federal Bureau of Investigation.’’ Sec. 2. Section 3 of Executive Order 12949 of February 9, 1995, as amended, is further amended by: (a) striking ‘‘(7)’’ each place it appears and inserting in lieu thereof ‘‘(6)’’; (b) striking ‘‘and’’ at the end of subsection (g); (c) striking the period at the end of subsection (h) and inserting in lieu thereof ‘‘; and’’; (d) adding after subsection (h) ‘‘(i) Deputy Director of the Federal Bureau of Investigation.’’; and (e) by adding after the sentence that begins ‘‘None of the above officials . . .’’, a new sentence to read ‘‘The requirement of the preceding sentence that the named official must be appointed by the President with the advice and consent of the Senate does not apply to the Deputy Director of the Federal Bureau of Investigation.’’ VerDate Aug<31>2005 07:42 Oct 09, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\10OCE0.SGM 10OCE0 yshivers on PROD1PC62 with MISCELLANEOUS 60096 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Presidential Documents Sec. 3. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, October 7, 2008. [FR Doc. E8–24342 Filed 10–9–08; 8:45 am] Billing code 3195–W9–P VerDate Aug<31>2005 07:42 Oct 09, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\10OCE0.SGM 10OCE0 GWBOLD.EPS</GPH> yshivers on PROD1PC62 with MISCELLANEOUS

Further Amendments To Executive Orders 12139 And 12949 In Light of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

2008-10-07T00:00:00

af91989310b4723754ac2ec02d4728b25044bef5fe78460e410a511da7e6ce0e

Presidential Executive Order

E8-23125 (13473)

Presidential Documents 56703 Federal Register Vol. 73, No. 190 Tuesday, September 30, 2008 Title 3— The President Executive Order 13473 of September 25, 2008 To Authorize Certain Noncompetitive Appointments in the Civil Service for Spouses of Certain Members of the Armed Forces 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. It shall be the policy of the United States to provide for the appropriately expedited recruitment and selection of spouses of members of the Armed Forces for appointment to positions in the competitive service of the Federal civil service as part of the effort of the United States to recruit and retain in military service, skilled and experienced members of the Armed Forces and to recognize and honor the service of such members injured, disabled, or killed in connection with their service. Sec. 2. Definitions. As used in this order: (a) the term ‘‘agency’’ has the meaning specified for the term ‘‘executive agency’’ in section 105 of title 5, United States Code, but does not include the Government Accountability Office; (b) the term ‘‘Armed Forces’’ has the meaning specified for that term in section 101 of title 10, United States Code; (c) the term ‘‘active duty’’ means full-time duty in an armed force and includes full-time National Guard duty, except that, for Reserve Component members, the term ‘‘active duty’’ does not include training duties or attend- ance at service schools. (d) the term ‘‘permanent change of station’’ means the assignment, detail, or transfer of a member of the Armed Forces serving at a present permanent duty station to a different permanent duty station under a competent author- ization or order that does not: (i) specify the duty as temporary; (ii) provide for assignment, detail, or transfer, after that different perma- nent duty station, to a further different permanent duty station; or (iii) direct return to the present permanent duty station; and (e) the term ‘‘totally disabled retired or separated member’’ means a member of the Armed Forces who: (i) retired under chapter 61 of title 10, United States Code, with a disability rating at the time of retirement of 100 per cent; or (ii) retired or separated from the Armed Forces and has a disability rating of 100 percent from the Department of Veterans Affairs. Sec. 3. Noncompetitive Appointment Authority. Consistent with the policy set forth in section 1 of this order and such regulations as the Director of the Office of Personnel Management may prescribe, the head of an agency may make a noncompetitive appointment to any position in the competitive service, for which the individual is qualified, of an individual who is: (a) the spouse of a member of the Armed Forces who, as determined by the Secretary of Defense, is performing active duty pursuant to orders that authorize a permanent change of station move, if such spouse relocates to the member’s new permanent duty station; (b) the spouse of a totally disabled retired or separated member of the Armed Forces; or VerDate Aug<31>2005 12:49 Sep 27, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\30SEE0.SGM 30SEE0 ebenthall on PROD1PC60 with MISCELLANEOUS 56704 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Presidential Documents (c) the unremarried widow or widower of a member of the Armed Forces killed while performing active duty. Sec. 4. Administrative Provisions. The heads of agencies shall employ, as appropriate, appointment authority available to them, in addition to the authority granted by section 3 of this order, to carry out the policy set forth in section 1. Sec. 5. 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; and (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative functions. (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 agencies, instrumentalities, or entities, its offi- cers, employees, or agents, or any other person. THE WHITE HOUSE, September 25, 2008 [FR Doc. E8–23125 Filed 9–29–08; 8:45 am] Billing code 3195–01–P VerDate Aug<31>2005 12:49 Sep 27, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\30SEE0.SGM 30SEE0 GWBOLD.EPS</GPH> ebenthall on PROD1PC60 with MISCELLANEOUS

To Authorize Certain Noncompetitive Appointments in the Civil Service for Spouses of Certain Members of the Armed Forces

2008-09-25T00:00:00

fd9ea2a7da08e58386268fa0540e56b2c3eed9f55b6e0e654ba1e3b4aed1e5f8

Presidential Executive Order

08-1480 (13469)

Presidential Documents 43841 Federal Register Vol. 73, No. 146 Tuesday, July 29, 2008 Title 3— The President Executive Order 13469 of July 25, 2008 Blocking Property of Additional Persons Undermining Demo- cratic Processes or Institutions in Zimbabwe 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, GEORGE W. BUSH, President of the United States of America, find that the continued actions and policies of the Government of Zimbabwe and other persons to undermine Zimbabwe’s democratic processes or institutions, manifested most recently in the fundamentally undemocratic election held on June 27, 2008, to commit acts of violence and other human rights abuses against political opponents, and to engage in public corruption, including by misusing public authority, constitute an unusual and extraor- dinary threat to the foreign policy of the United States, and to deal with that threat, hereby expand the scope of the national emergency declared in Executive Order 13288 of March 6, 2003, and relied upon for additional steps taken in Executive Order 13391 of November 22, 2005, and hereby order: Section 1. (a) Except to the extent provided by statutes, or provided 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, 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 United States persons, including their overseas branches, 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, after consultation with the Secretary of State: (i) to be a senior official of the Government of Zimbabwe; (ii) to be owned or controlled by, directly or indirectly, the Government of Zimbabwe or an official or officials of the Government of Zimbabwe; (iii) to have engaged in actions or policies to undermine Zimbabwe’s democratic processes or institutions; (iv) to be responsible for, or to have participated in, human rights abuses related to political repression in Zimbabwe; (v) to be engaged in, or to have engaged in, activities facilitating public corruption by senior officials of the Government of Zimbabwe; (vi) to be a spouse or dependent child of any person whose property and interests in property are blocked pursuant to Executive Order 13288, Executive Order 13391, or this order; (vii) to have materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of, the Government of Zimbabwe, any senior official thereof, or any person whose property and interests in property are blocked pursuant to Executive Order 13288, Executive Order 13391, or this order; or (viii) to be owned or controlled by, or to have acted or purported to act for or on behalf VerDate Aug<31>2005 10:07 Jul 26, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\29JYE0.SGM 29JYE0 rfrederick on PROD1PC67 with NOTICES5 43842 Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / Presidential Documents of, directly or indirectly, any person whose property and interests in property are blocked pursuant to Executive Order 13288, Executive Order 13391, or this order. (b) 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 paragraph (a) of this section would seriously impair my ability to deal with the national emergency declared in Executive Order 13288, as amended, and I hereby prohibit such donations as provided by paragraph (a) of this section. (c) The prohibitions 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 person whose property and interests in property are blocked pursuant to Executive Order 13288, Executive Order 13391, or this order, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. (d) The provisions of Executive Orders 13288 and 13391 remain in effect, and this order does not affect any action taken pursuant to those orders. 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, 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, 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 Zimbabwe’’ means the Government of Zimbabwe, its agencies, instrumentalities, and controlled entities. 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 Executive Order 13288, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 5. The Secretary of the Treasury, after 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. 6. The Secretary of the Treasury, after 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 Executive Order 13288, as amended, and 5 expanded 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). VerDate Aug<31>2005 10:07 Jul 26, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\29JYE0.SGM 29JYE0 rfrederick on PROD1PC67 with NOTICES5 43843 Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / 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, instrumentalities, or entities, its officers or employees, or any other person. THE WHITE HOUSE, July 25, 2008. [FR Doc. 08–1480 Filed 7–25–08; 8:45 am] Billing code 3195–W8–P VerDate Aug<31>2005 10:07 Jul 26, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\29JYE0.SGM 29JYE0 GWBOLD.EPS</GPH> rfrederick on PROD1PC67 with NOTICES5

Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe

2008-07-25T00:00:00

bed95eea6563119371e1bb2c8daeeab5650f7064cf8aef2fd2d9ab5158e6d520

Presidential Executive Order

E8-17940 (13470)

Presidential Documents 45325 Federal Register Vol. 73, No. 150 Monday, August 4, 2008 Title 3— The President Executive Order 13470 of July 30, 2008 Further Amendments to Executive Order 12333, United States Intelligence Activities By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458), and in order to update and clarify Executive Order 13355 of August 27, 2004, Executive Order 12333 of December 4, 1981, as amended, is hereby further amended as follows: Section 1. The Preamble to Executive Order 12333, as amended, is further amended by: (a) Striking ‘‘and’’ and inserting in lieu thereof a comma before the word ‘‘accurate’’, and inserting ‘‘, and insightful’’ after the word ‘‘accurate’’ in the first sentence; (b) Striking ‘‘statutes’’ and inserting in lieu thereof ‘‘the laws’’ before ‘‘of the United States of America’’ in the third sentence; and (c) Striking ‘‘the’’ before ‘‘United States intelligence activities’’ in the third sentence. Sec. 2. Executive Order 12333, as amended, is further amended by striking Part 1 in its entirety and inserting in lieu thereof the following new part: PART 1 Goals, Directions, Duties, and Responsibilities with Respect to United States Intelligence Efforts 1.1 Goals. The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary information on which to base decisions concerning the develop- ment and conduct of foreign, defense, and economic policies, and the protec- tion of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal. (a) All means, consistent with applicable Federal law and this order, and with full consideration of the rights of United States persons, shall be used to obtain reliable intelligence information to protect the United States and its interests. (b) The United States Government has a solemn obligation, and shall continue in the conduct of intelligence activities under this order, to protect fully the legal rights of all United States persons, including freedoms, civil liberties, and privacy rights guaranteed by Federal law. (c) Intelligence collection under this order should be guided by the need for information to respond to intelligence priorities set by the President. (d) Special emphasis should be given to detecting and countering: (1) Espionage and other threats and activities directed by foreign powers or their intelligence services against the United States and its interests; (2) Threats to the United States and its interests from terrorism; and (3) Threats to the United States and its interests from the development, possession, proliferation, or use of weapons of mass destruction. (e) Special emphasis shall be given to the production of timely, accurate, and insightful reports, responsive to decisionmakers in the executive branch, that draw on all appropriate sources of information, including open source VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45326 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents information, meet rigorous analytic standards, consider diverse analytic view- points, and accurately represent appropriate alternative views. (f) State, local, and tribal governments are critical partners in securing and defending the United States from terrorism and other threats to the United States and its interests. Our national intelligence effort should take into account the responsibilities and requirements of State, local, and tribal gov- ernments and, as appropriate, private sector entities, when undertaking the collection and dissemination of information and intelligence to protect the United States. (g) All departments and agencies have a responsibility to prepare and to provide intelligence in a manner that allows the full and free exchange of information, consistent with applicable law and presidential guidance. 1.2 The National Security Council. (a) Purpose. The National Security Council (NSC) shall act as the highest ranking executive branch entity that provides support to the President for review of, guidance for, and direction to the conduct of all foreign intel- ligence, counterintelligence, and covert action, and attendant policies and programs. (b) Covert Action and Other Sensitive Intelligence Operations. The NSC shall consider and submit to the President a policy recommendation, includ- ing all dissents, on each proposed covert action and conduct a periodic review of ongoing covert action activities, including an evaluation of the effectiveness and consistency with current national policy of such activities and consistency with applicable legal requirements. The NSC shall perform such other functions related to covert action as the President may direct, but shall not undertake the conduct of covert actions. The NSC shall also review proposals for other sensitive intelligence operations. 1.3 Director of National Intelligence. Subject to the authority, direction, and control of the President, the Director of National Intelligence (Director) shall serve as the head of the Intelligence Community, act as the principal adviser to the President, to the NSC, and to the Homeland Security Council for intelligence matters related to national security, and shall oversee and direct the implementation of the National Intelligence Program and execution of the National Intelligence Program budget. The Director will lead a unified, coordinated, and effective intelligence effort. In addition, the Director shall, in carrying out the duties and responsibilities under this section, take into account the views of the heads of departments containing an element of the Intelligence Community and of the Director of the Central Intelligence Agency. (a) Except as otherwise directed by the President or prohibited by law, the Director shall have access to all information and intelligence described in section 1.5(a) of this order. For the purpose of access to and sharing of information and intelligence, the Director: (1) Is hereby assigned the function under section 3(5) of the Act, to determine that intelligence, regardless of the source from which derived and including information gathered within or outside the United States, pertains to more than one United States Government agency; and (2) Shall develop guidelines for how information or intelligence is provided to or accessed by the Intelligence Community in accordance with section 1.5(a) of this order, and for how the information or intelligence may be used and shared by the Intelligence Community. All guidelines devel- oped in accordance with this section shall be approved by the Attorney General and, where applicable, shall be consistent with guidelines issued pursuant to section 1016 of the Intelligence Reform and Terrorism Protec- tion Act of 2004 (Public Law 108-458) (IRTPA). (b) In addition to fulfilling the obligations and responsibilities prescribed by the Act, the Director: (1) Shall establish objectives, priorities, and guidance for the Intelligence Community to ensure timely and effective collection, processing, analysis, VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45327 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents and dissemination of intelligence, of whatever nature and from whatever source derived; (2) May designate, in consultation with affected heads of departments or Intelligence Community elements, one or more Intelligence Community elements to develop and to maintain services of common concern on behalf of the Intelligence Community if the Director determines such services can be more efficiently or effectively accomplished in a consoli- dated manner; (3) Shall oversee and provide advice to the President and the NSC with respect to all ongoing and proposed covert action programs; (4) In regard to the establishment and conduct of intelligence arrangements and agreements with foreign governments and international organizations: (A) May enter into intelligence and counterintelligence arrangements and agreements with foreign governments and international organiza- tions; (B) Shall formulate policies concerning intelligence and counterintel- ligence arrangements and agreements with foreign governments and international organizations; and (C) Shall align and synchronize intelligence and counterintelligence foreign relationships among the elements of the Intelligence Commu- nity to further United States national security, policy, and intelligence objectives; (5) Shall participate in the development of procedures approved by the Attorney General governing criminal drug intelligence activities abroad to ensure that these activities are consistent with foreign intelligence pro- grams; (6) Shall establish common security and access standards for managing and handling intelligence systems, information, and products, with special emphasis on facilitating: (A) The fullest and most prompt access to and dissemination of infor- mation and intelligence practicable, assigning the highest priority to detecting, preventing, preempting, and disrupting terrorist threats and activities against the United States, its interests, and allies; and (B) The establishment of standards for an interoperable information sharing enterprise that facilitates the sharing of intelligence informa- tion among elements of the Intelligence Community; (7) Shall ensure that appropriate departments and agencies have access to intelligence and receive the support needed to perform independent analysis; (8) Shall protect, and ensure that programs are developed to protect, intelligence sources, methods, and activities from unauthorized disclosure; (9) Shall, after consultation with the heads of affected departments and agencies, establish guidelines for Intelligence Community elements for: (A) Classification and declassification of all intelligence and intel- ligence-related information classified under the authority of the Direc- tor or the authority of the head of a department or Intelligence Com- munity element; and (B) Access to and dissemination of all intelligence and intelligence- related information, both in its final form and in the form when ini- tially gathered, to include intelligence originally classified by the head of a department or Intelligence Community element, except that ac- cess to and dissemination of information concerning United States persons shall be governed by procedures developed in accordance with Part 2 of this order; (10) May, only with respect to Intelligence Community elements, and after consultation with thehead of the originating Intelligence Community element or the head of the originating department, declassify, or direct the declassification of, information or intelligence relating to intelligence VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45328 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents sources, methods, and activities. The Director may only delegate this authority to the Principal Deputy Director of National Intelligence; (11) May establish, operate, and direct one or more national intelligence centers to address intelligence priorities; (12) May establish Functional Managers and Mission Managers, and des- ignate officers or employees of the United States to serve in these positions. (A) Functional Managers shall report to the Director concerning the execution of their duties as Functional Managers, and may be charged with developing and implementing strategic guidance, policies, and procedures for activities related to a specific intelligence discipline or set of intelligence activities; set training and tradecraft standards; and ensure coordination within and across intelligence disciplines and In- telligence Community elements and with related non-intelligence ac- tivities. Functional Managers may also advise the Director on: the management of resources; policies and procedures; collection capabili- ties and gaps; processing and dissemination of intelligence; technical architectures; and other issues or activities determined by the Direc- tor. (i) The Director of the National Security Agency is designated the Functional Manager for signals intelligence; (ii) The Director of the Central Intelligence Agency is designated the Functional Manager for human intelligence; and (iii) The Director of the National Geospatial-Intelligence Agency is designated the Functional Manager for geospatial intelligence. (B) Mission Managers shall serve as principal substantive advisors on all or specified aspects of intelligence related to designated countries, regions, topics, or functional issues; (13) Shall establish uniform criteria for the determination of relative prior- ities for the transmission of critical foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such communications; (14) Shall have ultimate responsibility for production and dissemination of intelligence produced by the Intelligence Community and authority to levy analytic tasks on intelligence production organizations within the Intelligence Community, in consultation with the heads of the Intelligence Community elements concerned; (15) May establish advisory groups for the purpose of obtaining advice from within the Intelligence Community to carry out the Director’s respon- sibilities, to include Intelligence Community executive management com- mittees composed of senior Intelligence Community leaders. Advisory groups shall consist of representatives from elements of the Intelligence Community, as designated by the Director, or other executive branch de- partments, agencies, and offices, as appropriate; (16) Shall ensure the timely exploitation and dissemination of data gathered by national intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government ele- ments, including military commands; (17) Shall determine requirements and priorities for, and manage and direct the tasking, collection, analysis, production, and dissemination of, national intelligence by elements of the Intelligence Community, including approving requirements for collection and analysis and resolving conflicts in collection requirements and in the tasking of national collection assets of Intelligence Community elements (except when otherwise directed by the President or when the Secretary of Defense exercises collection tasking authority under plans and arrangements approved by the Secretary of Defense and the Director); (18) May provide advisory tasking concerning collection and analysis of information or intelligence relevant to national intelligence or national security to departments, agencies, and establishments of the United States VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45329 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents Government that are not elements of the Intelligence Community; and shall establish procedures, in consultation with affected heads of depart- ments or agencies and subject to approval by the Attorney General, to implement this authority and to monitor or evaluate the responsiveness of United States Government departments, agencies, and other establish- ments; (19) Shall fulfill the responsibilities in section 1.3(b)(17) and (18) of this order, consistent with applicable law and with full consideration of the rights of United States persons, whether information is to be collected inside or outside the United States; (20) Shall ensure, through appropriate policies and procedures, the deconfliction, coordination, and integration of all intelligence activities conducted by an Intelligence Community element or funded by the Na- tional Intelligence Program. In accordance with these policies and proce- dures: (A) The Director of the Federal Bureau of Investigation shall coordi- nate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and coun- terintelligence activities inside the United States; (B) The Director of the Central Intelligence Agency shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintel- ligence activities outside the United States; (C) All policies and procedures for the coordination of counterintel- ligence activities and the clandestine collection of foreign intelligence inside the United States shall be subject to the approval of the Attor- ney General; and (D) All policies and procedures developed under this section shall be coordinated with the heads of affected departments and Intelligence Community elements; (21) Shall, with the concurrence of the heads of affected departments and agencies, establish joint procedures to deconflict, coordinate, and synchronize intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program, with intelligence activities, activities that involve foreign intelligence and security services, or activities that involve the use of clandestine methods, conducted by other United States Government departments, agencies, and establishments; (22) Shall, in coordination with the heads of departments containing ele- ments of the Intelligence Community, develop procedures to govern major system acquisitions funded in whole or in majority part by the National Intelligence Program; (23) Shall seek advice from the Secretary of State to ensure that the foreign policy implications of proposed intelligence activities are consid- ered, and shall ensure, through appropriate policies and procedures, that intelligence activities are conducted in a manner consistent with the re- sponsibilities pursuant to law and presidential direction of Chiefs of United States Missions; and (24) Shall facilitate the use of Intelligence Community products by the Congress in a secure manner. (c) The Director’s exercise of authorities in the Act and this order shall not abrogate the statutory or other responsibilities of the heads of departments of the United States Government or the Director of the Central Intelligence Agency. Directives issued and actions taken by the Director in the exercise of the Director’s authorities and responsibilities to integrate, coordinate, and make the Intelligence Community more effective in providing intelligence related to national security shall be implemented by the elements of the Intelligence Community, provided that any department head whose depart- ment contains an element of the Intelligence Community and who believes that a directive or action of the Director violates the requirements of section 1018 of the IRTPA or this subsection shall bring the issue to the attention VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45330 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents of the Director, the NSC, or the President for resolution in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments. (d) Appointments to certain positions. (1) The relevant department or bureau head shall provide recommendations and obtain the concurrence of the Director for the selection of: the Director of the National Security Agency, the Director of the National Reconnais- sance Office, the Director of the National Geospatial-Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury, and the Executive Assistant Director for the National Security Branch of the Federal Bureau of Investigation. If the Director does not concur in the recommendation, the department head may not fill the vacancy or make the recommendation to the President, as the case may be. If the department head and the Director do not reach an agreement on the selection or recommendation, the Director and the department head concerned may advise the President directly of the Director’s intention to withhold concurrence. (2) The relevant department head shall consult with the Director before appointing an individual to fill a vacancy or recommending to the President an individual be nominated to fill a vacancy in any of the following positions: the Under Secretary of Defense for Intelligence; the Director of the Defense Intelligence Agency; uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps above the rank of Major General or Rear Admiral; the Assistant Com- mandant of the Coast Guard for Intelligence; and the Assistant Attorney General for National Security. (e) Removal from certain positions. (1) Except for the Director of the Central Intelligence Agency, whose removal the Director may recommend to the President, the Director and the relevant department head shall consult on the removal, or recommenda- tion to the President for removal, as the case may be, of: the Director of the National Security Agency, the Director of the National Geospatial- Intelligence Agency, the Director of the Defense Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, and the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. If the Director and the department head do not agree on removal, or recommendation for removal, either may make a recommendation to the President for the removal of the individual. (2) The Director and the relevant department or bureau head shall consult on the removal of: the Executive Assistant Director for the National Security Branch of the Federal Bureau of Investigation, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Director of the National Reconnaissance Office, the Assistant Commandant of the Coast Guard for Intelligence, and the Under Secretary of Defense for Intelligence. With respect to an individual appointed by a department head, the department head may remove the individual upon the request of the Director; if the department head chooses not to remove the indi- vidual, either the Director or the department head may advise the President of the department head’s intention to retain the individual. In the case of the Under Secretary of Defense for Intelligence, the Secretary of Defense may recommend to the President either the removal or the retention of the individual. For uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the Director may make a recommendation for removal to the Secretary of Defense. VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45331 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents (3) Nothing in this subsection shall be construed to limit or otherwise affect the authority of the President to nominate, appoint, assign, or termi- nate the appointment or assignment of any individual, with or without a consultation, recommendation, or concurrence. 1.4 The Intelligence Community. Consistent with applicable Federal law and with the other provisions of this order, and under the leadership of the Director, as specified in such law and this order, the Intelligence Commu- nity shall: (a) Collect and provide information needed by the President and, in the performance of executive functions, the Vice President, the NSC, the Home- land Security Council, the Chairman of the Joint Chiefs of Staff, senior military commanders, and other executive branch officials and, as appro- priate, the Congress of the United States; (b) In accordance with priorities set by the President, collect information concerning, and conduct activities to protect against, international terrorism, proliferation of weapons of mass destruction, intelligence activities directed against the United States, international criminal drug activities, and other hostile activities directed against the United States by foreign powers, organi- zations, persons, and their agents; (c) Analyze, produce, and disseminate intelligence; (d) Conduct administrative, technical, and other support activities within the United States and abroad necessary for the performance of authorized activities, to include providing services of common concern for the Intel- ligence Community as designated by the Director in accordance with this order; (e) Conduct research, development, and procurement of technical systems and devices relating to authorized functions and missions or the provision of services of common concern for the Intelligence Community; (f) Protect the security of intelligence related activities, information, installa- tions, property, and employees by appropriate means, including such inves- tigations of applicants, employees, contractors, and other persons with similar associations with the Intelligence Community elements as are necessary; (g) Take into account State, local, and tribal governments’ and, as appropriate, private sector entities’ information needs relating to national and homeland security; (h) Deconflict, coordinate, and integrate all intelligence activities and other information gathering in accordance with section 1.3(b)(20) of this order; and (i) Perform such other functions and duties related to intelligence activities as the President may direct. 1.5 Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies. The heads of all departments and agencies shall: (a) Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director’s duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President; (b) Provide all programmatic and budgetary information necessary to support the Director in developing the National Intelligence Program; (c) Coordinate development and implementation of intelligence systems and architectures and, as appropriate, operational systems and architectures of their departments, agencies, and other elements with the Director to respond to national intelligence requirements and all applicable information sharing and security guidelines, information privacy, and other legal requirements; VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45332 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents (d) Provide, to the maximum extent permitted by law, subject to the avail- ability of appropriations and not inconsistent with the mission of the depart- ment or agency, such further support to the Director as the Director may request, after consultation with the head of the department or agency, for the performance of the Director’s functions; (e) Respond to advisory tasking from the Director under section 1.3(b)(18) of this order to the greatest extent possible, in accordance with applicable policies established by the head of the responding department or agency; (f) Ensure that all elements within the department or agency comply with the provisions of Part 2 of this order, regardless of Intelligence Community affiliation, when performing foreign intelligence and counterintelligence func- tions; (g) Deconflict, coordinate, and integrate all intelligence activities in accord- ance with section 1.3(b)(20), and intelligence and other activities in accord- ance with section 1.3(b)(21) of this order; (h) Inform the Attorney General, either directly or through the Federal Bureau of Investigation, and the Director of clandestine collection of foreign intel- ligence and counterintelligence activities inside the United States not coordi- nated with the Federal Bureau of Investigation; (i) Pursuant to arrangements developed by the head of the department or agency and the Director of the Central Intelligence Agency and approved by the Director, inform the Director and the Director of the Central Intel- ligence Agency, either directly or through his designee serving outside the United States, as appropriate, of clandestine collection of foreign intelligence collected through human sources or through human-enabled means outside the United States that has not been coordinated with the Central Intelligence Agency; and (j) Inform the Secretary of Defense, either directly or through his designee, as appropriate, of clandestine collection of foreign intelligence outside the United States in a region of combat or contingency military operations designated by the Secretary of Defense, for purposes of this paragraph, after consultation with the Director of National Intelligence. 1.6 Heads of Elements of the Intelligence Community. The heads of elements of the Intelligence Community shall: (a) Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director’s duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President; (b) Report to the Attorney General possible violations of Federal criminal laws by employees and of specified Federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department, agency, or establishment concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures; (c) Report to the Intelligence Oversight Board, consistent with Executive Order 13462 of February 29, 2008, and provide copies of all such reports to the Director, concerning any intelligence activities of their elements that they have reason to believe may be unlawful or contrary to executive order or presidential directive; (d) Protect intelligence and intelligence sources, methods, and activities from unauthorized disclosure in accordance with guidance from the Director; (e) Facilitate, as appropriate, the sharing of information or intelligence, as directed by law or the President, to State, local, tribal, and private sector entities; VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45333 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents (f) Disseminate information or intelligence to foreign governments and inter- national organizations under intelligence or counterintelligence arrangements or agreements established in accordance with section 1.3(b)(4) of this order; (g) Participate in the development of procedures approved by the Attorney General governing production and dissemination of information or intel- ligence resulting from criminal drug intelligence activities abroad if they have intelligence responsibilities for foreign or domestic criminal drug pro- duction and trafficking; and (h) Ensure that the inspectors general, general counsels, and agency officials responsible for privacy or civil liberties protection for their respective organi- zations have access to any information or intelligence necessary to perform their official duties. 1.7 Intelligence Community Elements. Each element of the Intelligence Com- munity shall have the duties and responsibilities specified below, in addition to those specified by law or elsewhere in this order. Intelligence Community elements within executive departments shall serve the information and intel- ligence needs of their respective heads of departments and also shall operate as part of an integrated Intelligence Community, as provided in law or this order. (a) THE CENTRAL INTELLIGENCE AGENCY. The Director of the Central Intelligence Agency shall: (1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence; (2) Conduct counterintelligence activities without assuming or performing any internal security functions within the United States; (3) Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrange- ments; (4) Conduct covert action activities approved by the President. No agency except the Central Intelligence Agency (or the Armed Forces of the United States in time of war declared by the Congress or during any period covered by a report from the President to the Congress consistent with the War Powers Resolution, Public Law 93-148) may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective; (5) Conduct foreign intelligence liaison relationships with intelligence or security services of foreign governments or international organizations consistent with section 1.3(b)(4) of this order; (6) Under the direction and guidance of the Director, and in accordance with section 1.3(b)(4) of this order, coordinate the implementation of intelligence and counterintelligence relationships between elements of the Intelligence Community and the intelligence or security services of foreign governments or international organizations; and (7) Perform such other functions and duties related to intelligence as the Director may direct. (b) THE DEFENSE INTELLIGENCE AGENCY. The Director of the Defense Intelligence Agency shall: (1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions; (2) Collect, analyze, produce, or, through tasking and coordination, provide defense and defense-related intelligence for the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, other Defense components, and non-Defense agencies; (3) Conduct counterintelligence activities; VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45334 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents (4) Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrange- ments; (5) Conduct foreign defense intelligence liaison relationships and defense intelligence exchange programs with foreign defense establishments, intel- ligence or security services of foreign governments, and international orga- nizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order; (6) Manage and coordinate all matters related to the Defense Attache ´ system; and (7) Provide foreign intelligence and counterintelligence staff support as directed by the Secretary of Defense. (c) THE NATIONAL SECURITY AGENCY. The Director of the National Security Agency shall: (1) Collect (including through clandestine means), process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions; (2) Establish and operate an effective unified organization for signals intel- ligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intel- ligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense, after coordination with the Director; (3) Control signals intelligence collection and processing activities, includ- ing assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders; (4) Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements; (5) Provide signals intelligence support for national and departmental requirements and for the conduct of military operations; (6) Act as the National Manager for National Security Systems as estab- lished in law and policy, and in this capacity be responsible to the Secretary of Defense and to the Director; (7) Prescribe, consistent with section 102A(g) of the Act, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling, and distribution of signals intel- ligence and communications security material within and among the ele- ments under control of the Director of the National Security Agency, and exercise the necessary supervisory control to ensure compliance with the regulations; and (8) Conduct foreign cryptologic liaison relationships in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. (d) THE NATIONAL RECONNAISSANCE OFFICE. The Director of the Na- tional Reconnaissance Office shall: (1) Be responsible for research and development, acquisition, launch, de- ployment, and operation of overhead systems and related data processing facilities to collect intelligence and information to support national and departmental missions and other United States Government needs; and (2) Conduct foreign liaison relationships relating to the above missions, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. (e) THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. The Director of the National Geospatial-Intelligence Agency shall: (1) Collect, process, analyze, produce, and disseminate geospatial intel- ligence information and data for foreign intelligence and counterintel- ligence purposes to support national and departmental missions; VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45335 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents (2) Provide geospatial intelligence support for national and departmental requirements and for the conduct of military operations; (3) Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements; and (4) Conduct foreign geospatial intelligence liaison relationships, in accord- ance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. (f) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS. The Commanders and heads of the intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps shall: (1) Collect (including through clandestine means), produce, analyze, and disseminate defense and defense-related intelligence and counterintel- ligence to support departmental requirements, and, as appropriate, national requirements; (2) Conduct counterintelligence activities; (3) Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, develop- ment, and test and evaluation activities; and (4) Conduct military intelligence liaison relationships and military intel- ligence exchange programs with selected cooperative foreign defense estab- lishments and international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order. (g) INTELLIGENCE ELEMENTS OF THE FEDERAL BUREAU OF INVESTIGA- TION. Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the intelligence elements of the Federal Bureau of Investigation shall: (1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions, in accordance with procedural guidelines ap- proved by the Attorney General, after consultation with the Director; (2) Conduct counterintelligence activities; and (3) Conduct foreign intelligence and counterintelligence liaison relation- ships with intelligence, security, and law enforcement services of foreign governments or international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order. (h) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE COAST GUARD. The Commandant of the Coast Guard shall: (1) Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence including defense and defense-related information and intelligence to support national and departmental missions; (2) Conduct counterintelligence activities; (3) Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, develop- ment, and test and evaluation activities; and (4) Conduct foreign intelligence liaison relationships and intelligence ex- change programs with foreign intelligence services, security services or international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and, when operating as part of the Department of Defense, 1.10(i) of this order. (i) THE BUREAU OF INTELLIGENCE AND RESEARCH, DEPARTMENT OF STATE; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF THE TREASURY; THE OFFICE OF NATIONAL SECURITY INTEL- LIGENCE, DRUG ENFORCEMENT ADMINISTRATION; THE OFFICE OF IN- TELLIGENCE AND ANALYSIS, DEPARTMENT OF HOMELAND SECURITY; AND THE OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE, DE- PARTMENT OF ENERGY. The heads of the Bureau of Intelligence and VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45336 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents Research, Department of State; the Office of Intelligence and Analysis, Depart- ment of the Treasury; the Office of National Security Intelligence, Drug Enforcement Administration; the Office of Intelligence and Analysis, Depart- ment of Homeland Security; and the Office of Intelligence and Counterintel- ligence, Department of Energy shall: (1) Collect (overtly or through publicly available sources), analyze, produce, and disseminate information, intelligence, and counterintelligence to sup- port national and departmental missions; and (2) Conduct and participate in analytic or information exchanges with foreign partners and international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order. (j) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. The Director shall collect (overtly or through publicly available sources), analyze, produce, and disseminate information, intelligence, and counterintelligence to support the missions of the Office of the Director of National Intelligence, including the National Counterterrorism Center, and to support other national missions. 1.8 The Department of State. In addition to the authorities exercised by the Bureau of Intelligence and Research under sections 1.4 and 1.7(i) of this order, the Secretary of State shall: (a) Collect (overtly or through publicly available sources) information relevant to United States foreign policy and national security concerns; (b) Disseminate, to the maximum extent possible, reports received from United States diplomatic and consular posts; (c) Transmit reporting requirements and advisory taskings of the Intelligence Community to the Chiefs of United States Missions abroad; and (d) Support Chiefs of United States Missions in discharging their responsibil- ities pursuant to law and presidential direction. 1.9 The Department of the Treasury. In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of the Treasury under sections 1.4 and 1.7(i) of this order the Secretary of the Treasury shall collect (overtly or through publicly available sources) foreign financial information and, in consultation with the Department of State, foreign eco- nomic information. 1.10 The Department of Defense. The Secretary of Defense shall: (a) Collect (including through clandestine means), analyze, produce, and disseminate information and intelligence and be responsive to collection tasking and advisory tasking by the Director; (b) Collect (including through clandestine means), analyze, produce, and disseminate defense and defense-related intelligence and counterintelligence, as required for execution of the Secretary’s responsibilities; (c) Conduct programs and missions necessary to fulfill national, departmental, and tactical intelligence requirements; (d) Conduct counterintelligence activities in support of Department of Defense components and coordinate counterintelligence activities in accordance with section 1.3(b)(20) and (21) of this order; (e) Act, in coordination with the Director, as the executive agent of the United States Government for signals intelligence activities; (f) Provide for the timely transmission of critical intelligence, as defined by the Director, within the United States Government; (g) Carry out or contract for research, development, and procurement of technical systems and devices relating to authorized intelligence functions; (h) Protect the security of Department of Defense installations, activities, information, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Department of Defense as are necessary; VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45337 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents (i) Establish and maintain defense intelligence relationships and defense intelligence exchange programs with selected cooperative foreign defense establishments, intelligence or security services of foreign governments, and international organizations, and ensure that such relationships and programs are in accordance with sections 1.3(b)(4), 1.3(b)(21) and 1.7(a)(6) of this order; (j) Conduct such administrative and technical support activities within and outside the United States as are necessary to provide for cover and proprietary arrangements, to perform the functions described in sections (a) though (i) above, and to support the Intelligence Community elements of the Depart- ment of Defense; and (k) Use the Intelligence Community elements within the Department of Defense identified in section 1.7(b) through (f) and, when the Coast Guard is operating as part of the Department of Defense, (h) above to carry out the Secretary of Defense’s responsibilities assigned in this section or other departments, agencies, or offices within the Department of Defense, as appro- priate, to conduct the intelligence missions and responsibilities assigned to the Secretary of Defense. 1.11 The Department of Homeland Security. In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of Homeland Security under sections 1.4 and 1.7(i) of this order, the Secretary of Homeland Security shall conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President or the Vice President of the United States, the Executive Office of the President, and, as authorized by the Secretary of Homeland Security or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against use of such surveillance equipment, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney General. 1.12 The Department of Energy. In addition to the authorities exercised by the Office of Intelligence and Counterintelligence of the Department of Energy under sections 1.4 and 1.7(i) of this order, the Secretary of Energy shall: (a) Provide expert scientific, technical, analytic, and research capabilities to other agencies within the Intelligence Community, as appropriate; (b) Participate in formulating intelligence collection and analysis require- ments where the special expert capability of the Department can contribute; and (c) Participate with the Department of State in overtly collecting information with respect to foreign energy matters. 1.13 The Federal Bureau of Investigation. In addition to the authorities exercised by the intelligence elements of the Federal Bureau of Investigation of the Department of Justice under sections 1.4 and 1.7(g) of this order and under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the Federal Bureau of Investigation shall provide technical assistance, within or outside the United States, to foreign intelligence and law enforcement services, consistent with section 1.3(b)(20) and (21) of this order, as may be necessary to support national or departmental missions. Sec. 3. Part 2 of Executive Order 12333, as amended, is further amended by: (a) In section 2.1, striking the first sentence and inserting in lieu thereof: ‘‘Timely, accurate, and insightful information about the activities, capabili- ties, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to informed decisionmaking in the areas of national security, national defense, and foreign relations.‘‘; (b) In section 2.1, inserting a comma after ‘‘innovative’’; VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45338 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents (c) In section 2.2, inserting ‘‘, the spread of weapons of mass destruction,‘‘ after ‘‘international terrorist activities’’ in the first sentence; (d) In the first sentence of section 2.3, striking ‘‘Agencies within the’’ and inserting in lieu thereof ‘‘Elements of the’’, inserting a comma after ‘‘retain’’, striking ‘‘agency’’ and inserting in lieu thereof ‘‘Intelligence Community element’’, and inserting ‘‘or by the head of a department containing such element’’ after ‘‘concerned’’; (e) In section 2.3, inserting ‘‘, after consultation with the Director’’ preceding the period at the end of the first sentence; (f) In section 2.3, inserting a comma after ‘‘retention’’ in the second sentence; (g) In section 2.3(b), striking ‘‘FBI’’ and inserting in lieu thereof ‘‘Federal Bureau of Investigation (FBI)’’; (h) In section 2.3(b), striking ‘‘agencies’’ and inserting in lieu thereof ‘‘ele- ments’’ each time it appears; (i) In section 2.3(c), striking ‘‘narcotics’’ and inserting in lieu thereof ‘‘drug,’’; (j) In section 2.3(d), inserting a comma after ‘‘victims’’; (k) In section 2.3(e), striking ‘‘sources or methods’’ and inserting in lieu thereof ‘‘sources, methods, and activities’’; (l) In section 2.3(e), striking ‘‘agencies’’ and inserting in lieu thereof ‘‘ele- ments’’ and striking ‘‘agency’’ and inserting in lieu thereof ‘‘element’’; (m) In section 2.3(g), inserting a comma after ‘‘physical’’; (n) In section 2.3(h), striking ‘‘and’’; (o) In section 2.3(i), striking ‘‘federal’’ and inserting in lieu thereof ‘‘Federal’’ and inserting a comma after ‘‘local’’; (p) In the last sentence of section 2.3, striking ‘‘agencies within’’ and inserting in lieu thereof ‘‘elements of’’, striking ‘‘, other than information derived from signals intelligence,’’, striking ‘‘agency’’ and inserting in lieu thereof ‘‘element’’ in both instances and inserting immediately before the period: ‘‘, except that information derived from signals intelligence may only be disseminated or made available to Intelligence Community elements in ac- cordance with procedures established by the Director in coordination with the Secretary of Defense and approved by the Attorney General’’; (q) In the first three sentences of section 2.4, striking ‘‘Agencies within’’ and inserting in lieu thereof ‘‘Elements of’’; striking ‘‘Agencies’’ and inserting in lieu thereof ’’Elements of the Intelligence Community’’; and striking ‘‘agen- cy’’ and inserting in lieu thereof ‘‘Intelligence Community element concerned or the head of a department containing such element’’; (r) In the second sentence of section 2.4, inserting ‘‘, after consultation with the Director‘‘ after ‘‘Attorney General’’; (s) In section 2.4(a), striking ‘‘CIA’’ and inserting in lieu thereof ‘‘Central Intelligence Agency (CIA)’’; (t) In section 2.4(b) and (c), striking ‘‘agencies’’ and inserting in lieu thereof ‘‘elements of the Intelligence Community’’. (u) In section 2.4(b)(2), striking the period and inserting in lieu thereof a semicolon; (v) In section 2.4(c)(1), striking ‘‘agency’’ and inserting in lieu thereof ‘‘ele- ment’’; (w) In section 2.4(c)(2), striking the period and inserting in lieu thereof ‘‘; and’’; (x) In section 2.4(d) striking ‘‘than’’ and inserting in lieu thereof ‘‘that’’; (y) In section 2.5, striking the final sentence and inserting in lieu thereof ‘‘The authority delegated pursuant to this paragraph, including the authority VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45339 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents to approve the use of electronic surveillance as defined in the Foreign Intelligence Surveillance Act of 1978, as amended, shall be exercised in accordance with that Act.’’; (z) In section 2.6, inserting ‘‘and other Civil’’ before ‘‘Authorities’’ in the caption and striking ‘‘Agencies within’’ and inserting in lieu thereof ‘‘Ele- ments of’’; (aa) In section 2.6(a), inserting a comma after ‘‘property’’ and striking ‘‘agen- cy’’ and inserting in lieu thereof ‘‘element’’; (bb) In section 2.6(c), striking ‘‘General Counsel’’ and inserting in lieu thereof ‘‘general counsel’’, and striking ‘‘agency’’ and inserting in lieu thereof ‘‘ele- ment or department’’ in the second sentence; (cc) In section 2.6(d), inserting ‘‘or other civil’’ before ‘‘authorities’’; (dd) In section 2.7, striking ‘‘Agencies within’’ and inserting in lieu thereof ‘‘Elements of’’; (ee) In section 2.9, striking ‘‘agencies within’’ and inserting in lieu thereof ‘‘elements of’’, and striking ‘‘agency within’’ and inserting in lieu thereof ‘‘element of’’ the first time it appears and ‘‘Intelligence Community element’’ the second and third times it appears; (ff) In section 2.9, striking ‘‘his’’ and inserting in lieu thereof ‘‘such person’s’’; (gg) In section 2.9, inserting ‘‘or the head of a department containing such element’’ before ‘‘and approved by the Attorney General‘‘, and inserting ’’, after consultation with the Director’’ after ‘‘the Attorney General’’; (hh) In section 2.10, striking ‘‘agency within’’ and inserting in lieu thereof ‘‘element of’’, and inserting a comma after ‘‘contract for’’; (ii) In section 2.12, striking ‘‘agency’’ and inserting in lieu thereof ‘‘element’’; and (jj) At the end of Part 2, inserting a new section 2.13 as follows: ‘‘2.13 Limitation on Covert Action. No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.’’. Sec. 4. Part 3 of Executive Order 12333, as amended, is further amended by: (a) In section 3.1, striking ‘‘of Central Intelligence’’; inserting ‘‘elements,’’ after ‘‘agencies,’’; and striking ‘‘special’’ and inserting in lieu thereof ‘‘covert action’’; (b) Striking section 3.2 and inserting in lieu thereof: ‘‘3.2 Implementation. The President, supported by the NSC, and the Director shall issue such appropriate directives, procedures, and guidance as are necessary to imple- ment this order. Heads of elements within the Intelligence Community shall issue appropriate procedures and supplementary directives consistent with this order. No procedures to implement Part 2 of this order shall be issued without the Attorney General’s approval, after consultation with the Director. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an element in the Intelligence Community (or the head of the department containing such element) other than the FBI. In instances where the element head or department head and the Attorney General are unable to reach agreements on other than constitutional or other legal grounds, the Attorney General, the head of department concerned, or the Director shall refer the matter to the NSC.’’; (c) Striking section 3.3 and inserting in lieu thereof: ‘‘ 3.3 Procedures. The activities herein authorized that require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order 12333. New procedures, as required by Executive Order 12333, as further amended, shall be established as expeditiously as possible. All new procedures promulgated pursuant to Executive Order 12333, as amended, shall be made available to the Select Committee on Intelligence VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45340 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.’’; (d) Inserting after section 3.3 the following new section: ‘‘ 3.4 References and Transition. References to ‘‘Senior Officials of the Intelligence Commu- nity’’ or ‘‘SOICs’’ in executive orders or other Presidential guidance, shall be deemed references to the heads of elements in the Intelligence Community, unless the President otherwise directs; references in Intelligence Community or Intelligence Community element policies or guidance, shall be deemed to be references to the heads of elements of the Intelligence Community, unless the President or the Director otherwise directs.’’; (e) Striking ‘‘3.4 Definitions’’ and inserting in lieu thereof ‘‘3.5 Definitions’’; (f) Amending the definition of ‘‘ Counterintelligence’’ in section 3.5(a), as renumbered, by inserting ‘‘identify, deceive, exploit, disrupt, or’’ before ‘‘pro- tect against espionage’’, inserting ‘‘or their agents,’’ after ‘‘persons,’’, inserting ‘‘organizations or activities’’ after terrorist, and striking ‘‘activities, but not including personnel, physical, document or communications security pro- grams’’; (g) Striking section 3.5(b)-(h), as renumbered, and inserting in lieu thereof: ‘‘(b) Covert action means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include: (1) Activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to im- prove or maintain the operational security of United States Govern- ment programs, or administrative activities; (2) Traditional diplomatic or military activities or routine support to such activities; (3) Traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such ac- tivities; or (4) Activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad. (c) Electronic surveillance means acquisition of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic commu- nication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction- finding equipment solely to determine the location of a transmitter. (d) Employee means a person employed by, assigned or detailed to, or acting for an element within the Intelligence Community. (e) Foreign intelligence means information relating to the capabilities, inten- tions, or activities of foreign governments or elements thereof, foreign organizations, foreign persons, or international terrorists. (f) Intelligence includes foreign intelligence and counterintelligence. (g) Intelligence activities means all activities that elements of the Intel- ligence Community are authorized to conduct pursuant to this order. (h) Intelligence Community and elements of the Intelligence Community refers to: (1) The Office of the Director of National Intelligence; (2) The Central Intelligence Agency; (3) The National Security Agency; (4) The Defense Intelligence Agency; (5) The National Geospatial-Intelligence Agency; (6) The National Reconnaissance Office; (7) The other offices within the Department of Defense for the collec- tion of specialized national foreign intelligence through reconnaissance programs; VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00018 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45341 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents (8) The intelligence and counterintelligence elements of the Army, the Navy, the Air Force, and the Marine Corps; (9) The intelligence elements of the Federal Bureau of Investigation; (10) The Office of National Security Intelligence of the Drug Enforce- ment Administration; (11) The Office of Intelligence and Counterintelligence of the Depart- ment of Energy; (12) The Bureau of Intelligence and Research of the Department of State; (13) The Office of Intelligence and Analysis of the Department of the Treasury; (14) The Office of Intelligence and Analysis of the Department of Homeland Security; (15) The intelligence and counterintelligence elements of the Coast Guard; and (16) Such other elements of any department or agency as may be des- ignated by the President, or designated jointly by the Director and the head of the department or agency concerned, as an element of the Intelligence Community. (i) National Intelligence and Intelligence Related to National Security means all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that pertains, as determined consistent with any guidance issued by the President, or that is determined for the purpose of access to information by the Director in accordance with section 1.3(a)(1) of this order, to pertain to more than one United States Government agency; and that involves threats to the United States, its people, property, or interests; the development, proliferation, or use of weapons of mass destruction; or any other matter bearing on United States national or homeland security. (j) The National Intelligence Program means all programs, projects, and activities of the Intelligence Community, as well as any other programs of the Intelligence Community designated jointly by the Director and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.’’. (h) Redesignating the definition of ‘‘ United States Person’’ as section 3.5(k) and therein striking ‘‘agency’’ and inserting in lieu thereof ‘‘element’’; (i) Striking section 3.5; (j) In section 3.6, striking ‘‘Order No. 12036 of January 24, 1978, as amended, entitled ‘‘United States Intelligence Activities,’’ is’’ and inserting in lieu thereof ‘‘Orders 13354 and 13355 of August 27, 2004, are’’, and inserting before the period ‘‘; and paragraphs 1.3(b)(9) and (10) of Part 1 supersede provisions within Executive Order 12958, as amended, to the extent such provisions in Executive Order 12958, as amended, are inconsistent with this Order’’; and (k) Inserting the following new section 3.7 to read as follows: ‘‘3.7 General Provisions. (a) Consistent with section 1.3(c) of this order, nothing in this order shall be construed to impair or otherwise affect: (1) Authority granted by law to a department or agency, or the head thereof; or (2) Functions of the Director of the Office of Management and Budget relating to budget, 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 intended only to improve the internal management of the executive branch and is not intended to, and does not, create any VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00019 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 pwalker on PROD1PC71 with NOTICES3 45342 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Presidential Documents right or benefit, substantive or procedural, enforceable at law 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. 5. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable by any party at law or in equity against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, July 30, 2008 [FR Doc. E8–17940 Filed 8–1–08; 8:45 am] Billing code 3195–01–P VerDate Aug<31>2005 17:10 Aug 01, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUE0.SGM 04AUE0 GWBOLD.EPS</GPH> pwalker on PROD1PC71 with NOTICES3

Further Amendments to Executive Order 12333, United States Intelligence Activities

2008-07-30T00:00:00

6ecf5fc03236f6896002e7bccc8bb82ae4042d92771dcda90fd848f0860bd3d1

Presidential Executive Order

08-1348 (13465)

Presidential Documents 33285 Federal Register Vol. 73, No. 113 Wednesday, June 11, 2008 Title 3— The President Executive Order 13465 of June 6, 2008 Amending Executive Order 12989, as Amended By the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, and in order to take further steps to promote economy and efficiency in Federal Government procurement, it is hereby ordered as follows: Section 1. Executive Order 12989 of February 13, 1996, as amended, is further amended: (a) by striking the title and inserting in lieu thereof ‘‘Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Nationality Act Provisions and Use of an Electronic Employment Eligi- bility Verification System’’; and (b) by striking the material that follows the title and precedes section 1 of the order and inserting in lieu thereof the following: ‘‘This order is designed to promote economy and efficiency in Federal Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose workforce is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose workforce is more stable. It is the policy of the executive branch to enforce fully the immigration laws of the United States, including the detection and removal of illegal aliens and the imposition of legal sanctions against employers that hire illegal aliens. Because of the worksite enforcement policy of the United States and the underlying obligation of the executive branch to enforce the immigration laws, contrac- tors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such contractors inevitably will have a less stable and less dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal aliens to work on Federal contracts, the enforcement of Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal con- tracting. Such contractors are less dependable procurement sources, even if they do not knowingly hire or knowingly continue to employ unauthorized workers. ‘‘Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore gen- erally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce. It is the policy of the executive branch to use an electronic employment verification system because, among other reasons, it provides the best available means to confirm the identity and work eligibility of all employees that join the Federal workforce. Private employers that choose to contract with the Federal Government should meet the same standard. ‘‘I find, therefore, that adherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement. VerDate Aug<31>2005 18:58 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 sroberts on PROD1PC70 with PROPOSALS 33286 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Presidential Documents ‘‘NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, it is hereby ordered as follows:’’. Sec. 2. Section 1 of Executive Order 12989, as amended, is further amended by: (a) striking the last sentence in subsection 1(a); and (b) striking subsection (b) and inserting in lieu thereof the following new subsections: ‘‘(b) It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies may not enter into contracts with employers that do not use the best available means to confirm the work authorization of their workforce. ‘‘(c) It is the policy of the executive branch to enforce fully the antidiscrimi- nation provisions of the INA. Nothing in this order relieves employers of antidiscrimination obligations under section 274B of the INA (8 U.S.C. 1324b) or any other law. ‘‘(d) All discretion under this order shall be exercised consistent with the policies set forth in this section.’’. Sec. 3. Section 5 of Executive Order 12989, as amended, is further amended to read as follows: ‘‘Sec. 5. (a) Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract. ‘‘(b) The Secretary of Homeland Security: ‘‘(i) shall administer, maintain, and modify as necessary and appro- priate the electronic employment eligibility verification system des- ignated by the Secretary under subsection (a) of this section; and ‘‘(ii) may establish with respect to such electronic employment verification system: ‘‘(A) terms and conditions for use of the system; and ‘‘(B) procedures for monitoring the use, failure to use, or improper use of the system. ‘‘(c) The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall amend the Federal Acquisition Regulation to the extent necessary and appropriate to implement the debarment responsibility, the employ- ment eligibility verification responsibility, and other related responsibilities assigned to heads of departments and agencies under this order. ‘‘(d) Except to the extent otherwise specified by law or this order, the Secretary of Homeland Security and the Attorney General: ‘‘(i) shall administer and enforce this order; and ‘‘(ii) may, after consultation to the extent appropriate with the Sec- retary of Defense, the Secretary of Labor, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement Policy, and the heads of such other departments or agencies as may be appro- priate, issue such rules, regulations, or orders, or establish such re- quirements, as may be necessary and appropriate to implement this order.’’. VerDate Aug<31>2005 18:58 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 sroberts on PROD1PC70 with PROPOSALS 33287 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Presidential Documents Sec. 4. Section 7 of Executive Order 12989, as amended, is amended by striking ‘‘respective agencies’’ and inserting in lieu thereof ‘‘respective depart- ments or agencies’’. Sec. 5. Section 8 of Executive Order 12989, as amended, is amended to read as follows: ‘‘Sec. 8. (a) This order shall be implemented in a manner intended to minimize the burden on participants in the Federal procurement process. ‘‘(b) This order shall be implemented in a manner consistent with the protection of intelligence and law enforcement sources, methods, and activities from unauthorized disclosure.’’. Sec. 6. Section 9 of Executive Order 12989, as amended, is amended to read as follows: ‘‘Sec. 9. (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 budget, 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.’’. 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 6, 2008. [FR Doc. 08–1348 Filed 6–10–08; 11:02 am] Billing code 3195–01–P VerDate Aug<31>2005 18:58 Jun 10, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 GWBOLD.EPS</GPH> sroberts on PROD1PC70 with PROPOSALS

Amending Executive Order 12989, as Amended

2008-06-06T00:00:00

a9ffd17cd66a6f94dc79e39b839e96b7f6b1c01b2bda4eb492c4485418f31cfd

Presidential Executive Order

08-1399 (13466)

Presidential Documents 36787 Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Presidential Documents Executive Order 13466 of June 26, 2008 Continuing Certain Restrictions With Respect to North Korea and North Korean Nationals 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, GEORGE W. BUSH, President of the United States of America, find that the current existence and risk of the proliferation of weapons-usable fissile material on the Korean Peninsula 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 further find that, as we deal with that threat through multilateral diplomacy, it is necessary to continue certain restrictions with respect to North Korea that would otherwise be lifted pursuant to a forthcoming proclamation that will terminate the exercise of authorities under the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.) (TWEA) with respect to North Korea. Accordingly, I hereby order: Section 1. Except to the extent provided in statutes or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwith- standing any contract entered into or any license or permit granted prior to the date of this order, the following are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: all property and interests in property of North Korea or a North Korean national that, pursuant to the President’s authorities under the TWEA, the exercise of which has been continued in accordance with section 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), were blocked as of June 16, 2000, and remained blocked immediately prior to the date of this order. Sec. 2. Except to the extent provided in statutes or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwith- standing any contract entered into or any license or permit granted prior to the date of this order, United States persons may not register a vessel in North Korea, obtain authorization for a vessel to fly the North Korean flag, or own, lease, operate, or insure any vessel flagged by North Korea. Sec. 3. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, 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. 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; and (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. VerDate Aug<31>2005 18:56 Jun 26, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\27JNO0.SGM 27JNO0 jlentini on PROD1PC65 with FRO0 36788 Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Presidential Documents Sec. 5. The Secretary of the Treasury, after 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. 6. The Secretary of the Treasury, after 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. 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, instrumentalities, or entities, its officers or employees, or any other person. THE WHITE HOUSE, June 26, 2008. [FR Doc. 08–1399 Filed 6–26–08; 10:27 am] Billing code 3195–W8–P VerDate Aug<31>2005 18:56 Jun 26, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\27JNO0.SGM 27JNO0 GWBOLD.EPS</GPH> jlentini on PROD1PC65 with FRO0

Continuing Certain Restrictions With Respect to North Korea and North Korean Nationals

2008-06-26T00:00:00

b616ffe671237c3df9e2e55f4c56506dbaa801b8d0b86e5cd10c895f926b67d3

Presidential Executive Order

E8-30700 (13483)

Presidential Documents 78587 Federal Register Vol. 73, No. 247 Tuesday, December 23, 2008 Title 3— The President Executive Order 13483 of December 18, 2008 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 laws cited herein, 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(a), 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), section 140 of Public Law 97–92, and section 305 of Division D of the Consolidated Appropriations Act, 2008), 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 section 601 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417, October 14, 2008), 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 section 142 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110–329, September 30, 2008), 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. The rates of basic pay for administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2009. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2009. VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 78588 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13454 of January 4, 2008, is superseded. THE WHITE HOUSE, December 18, 2008. Billing code 3195–W9–P VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 GWBOLD.EPS</GPH> 78589 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.024</GPH> 78590 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.025</GPH> 78591 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.026</GPH> 78592 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.027</GPH> 78593 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.028</GPH> 78594 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.029</GPH> 78595 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.030</GPH> 78596 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.031</GPH> 78597 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.032</GPH> 78598 Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Presidential Documents [FR Doc. E8–30700 Filed 12–22–08; 8:45 am] Billing code 6325–01–C VerDate Aug<31>2005 08:09 Dec 22, 2008 Jkt 217001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE08.033</GPH>

Adjustments of Certain Rates of Pay

2008-12-18T00:00:00

ce380f297ce90e62f597e27afe6cefa5e7a5352fb224ced67bd5ebe01f9bd22e

Presidential Executive Order

08-1215 (13464)

Presidential Documents 24491 Federal Register Vol. 73, No. 86 Friday, May 2, 2008 Title 3— The President Executive Order 13464 of April 30, 2008 Blocking Property and Prohibiting Certain Transactions Re- lated to 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.), the Burmese Freedom and Democracy Act of 2003 (Public Law 108–61, as amended, 50 U.S.C. 1701 note), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the Government of Burma’s continued repression of the democratic opposition in Burma, and with respect to the national emer- gency declared in Executive Order 13047 of May 20, 1997, relied upon for additional steps taken in Executive Order 13310 of July 28, 2003, and expanded in Executive Order 13448 of October 18, 2007, I, GEORGE W. BUSH, President of the United States of America, hereby order: Section 1. Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX, Public Law 106–387), or 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, all property and interests in property of the following persons 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 United States persons, including their overseas branches, are blocked and may not be transferred, paid, ex- ported, withdrawn, or otherwise dealt in: (a) the persons listed in the Annex attached and made a part of this order; and (b) any person determined by the Secretary of the Treasury, after consultation with the Secretary of State: (i) to be owned or controlled by, directly or indirectly, the Government of Burma or an official or officials of the Government of Burma; (ii) to have materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of, the Government of Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma, any successor entity to any of the foregoing, any senior official of any of the foregoing, or any person whose property and interests in property are blocked pursuant to Executive Order 13310, Executive Order 13448, or 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 Executive Order 13310, Execu- tive Order 13448, or 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, 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. VerDate Aug<31>2005 20:26 May 01, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 jlentini on PROD1PC65 with FRE0 24492 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Presidential Documents Sec. 3. For 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 Burma’’ means the Government of Burma (sometimes referred to as Myanmar), its agencies, instrumentalities and con- trolled entities, and the Central Bank of Burma. Sec. 4. I hereby determine that the making of donations of the type specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, persons 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, relied upon for additional steps taken in Executive Order 13310, and expanded in Execu- tive Order 13448, and hereby prohibit such donations as provided by section 1 of this order. Sec. 5. 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 Executive Order 13047, relied upon for additional steps taken in Executive Order 13310, and expanded in Execu- tive Order 13448, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 6. The Secretary of the Treasury, after 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 section 4 of the Burmese Freedom and Democracy Act of 2003 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 authority to carry out the provisions of this order. Sec. 7. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to determine, and to take necessary action to give effect to that determination, that circumstances no longer warrant the blocking of the property and interests in property of, or the prohibiting of transactions with, a person listed in the Annex to this order. Sec. 8. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or pursuant to this order. 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, instrumentalities, or entities, its officers or employees, or any other person. VerDate Aug<31>2005 20:26 May 01, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 jlentini on PROD1PC65 with FRE0 24493 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Presidential Documents Sec. 10. This order is effective at 12:01 a.m. eastern daylight time on May 1, 2008. THE WHITE HOUSE, April 30, 2008. Billing code 3195–01–P [FR Doc. 08–1215 Filed 5–1–08; 11:16 am] Billing code 4810–25–C VerDate Aug<31>2005 20:26 May 01, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 GWBOLD.EPS</GPH> ED02MY08.055</GPH> jlentini on PROD1PC65 with FRE0

Blocking Property and Prohibiting Certain Transactions Related to Burma

2008-04-30T00:00:00

fb7112ff650711442d8e158ada7def0511c4662a69e4c4179369e231a054d0f2

Presidential Executive Order

08-1182 (13463)

Presidential Documents 22047 Federal Register Vol. 73, No. 79 Wednesday, April 23, 2008 Title 3— The President Executive Order 13463 of April 18, 2008 Amending Executive Orders 13389 and 13390 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121– 5206), it is hereby ordered as follows: Section 1. Executive Order 13389 of November 1, 2005, as amended, is further amended: (a) in subsection 2(a), by striking ‘‘Economic Policy’’ and inserting in lieu thereof ‘‘Homeland Security and Counterterrorism’’; and (b) in section 5, by striking ‘‘3 years from the date of this order’’ and inserting in lieu thereof ‘‘February 28, 2009’’. Sec. 2. Subsection 5(b) of Executive Order 13390 of November 1, 2005, is amended: (a) by striking the comma after ‘‘applicable law’’ and inserting ‘‘and’’; and (b) striking ‘‘3 years from the date of this order’’ and inserting in lieu thereof ‘‘February 28, 2009’’. THE WHITE HOUSE, April 18, 2008. [FR Doc. 08–1182 Filed 4–22–08; 8:34 am] Billing code 3195–01–P VerDate Aug<31>2005 16:40 Apr 22, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23APE0.SGM 23APE0 GWBOLD.EPS</GPH> rwilkins on PROD1PC63 with PROPOSALS2

Amending Executive Orders 13389 and 13390

2008-04-18T00:00:00

b32183898be40ffe3ad0d15314ae6254af390f5813313242a87eb55b2027e1df

Presidential Executive Order

08-1409 (13467)

Presidential Documents 38103 Federal Register Vol. 73, No. 128 Wednesday, July 2, 2008 Title 3— The President Executive Order 13467 of June 30, 2008 Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligi- bility for Access to Classified National Security 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 an efficient, practical, reciprocal, and aligned system for investigating and determining suitability for Government employment, contractor employee fitness, and eligibility for access to classified information, while taking appropriate ac- count of title III of Public Law 108–458, it is hereby ordered as follows: PART 1—POLICY, APPLICABILITY, AND DEFINITIONS Section 1.1. Policy. Executive branch policies and procedures relating to suitability, contractor employee fitness, eligibility to hold a sensitive position, access to federally controlled facilities and information systems, and eligi- bility for access to classified information shall be aligned using consistent standards to the extent possible, provide for reciprocal recognition, and shall ensure cost-effective, timely,and efficient protection of the national interest, while providing fair treatment to those upon whom the Federal Government relies to conduct our Nation’s business and protect national security. Sec. 1.2. Applicability. (a) This order applies to all covered individuals as defined in section 1.3(g), except that: (i) the provisions regarding eligibility for physical access to federally con- trolled facilities and logical access to federally controlled information systems do not apply to individuals exempted in accordance with guidance pursuant to the Federal Information Security Management Act (title III of Public Law 107–347) and Homeland Security Presidential Directive 12; and (ii) the qualification standards for enlistment, appointment, and induction into the Armed Forces pursuant to title 10, United States Code, are unaf- fected by this order. (b) This order also applies to investigations and determinations of eligibility for access to classified information for employees of agencies working in or for the legislative or judicial branches when those investigations or deter- minations are conducted by the executive branch.Sec. 1.3. Definitions. For the purpose of this order: (a) ‘‘Adjudication’’ means the evaluation of perti- nent data in a background investigation, as well as any other available information that is relevant and reliable, to determine whether a covered individual is: (i) suitable for Government employment; (ii) eligible for logical and physical access; (iii) eligible for access to classified information; (iv) eligible to hold a sensitive position; or (v) fit to perform work for or on behalf of the Government as a contractor employee. (b) ‘‘Agency’’ means any ‘‘Executive agency’’ as defined in section 105 of title 5, United States Code, including the ‘‘military departments,’’ as defined in section 102 of title 5, United States Code, and any other entity VerDate Aug<31>2005 18:32 Jul 01, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 hsrobinson on PROD1PC76 with PROPOSALS2 38104 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Presidential Documents within the executive branch that comes into possession of classified informa- tion or has designated positions as sensitive, except such an entity headed by an officer who is not a covered individual. (c) ‘‘Classified information’’ means information that has been determined pursuant to Executive Order 12958 of April 17, 1995, as amended, or a successor or predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) to require protection against unauthorized disclosure. (d) ‘‘Continuous evaluation’’ means reviewing the background of an indi- vidual who has been determined to be eligible for access to classified informa- tion (including additional or new checks of commercial databases, Govern- ment databases, and other information lawfully available to security officials) at any time during the period of eligibility to determine whether that indi- vidual continues to meet the requirements for eligibility for access to classi- fied information. (e) ‘‘Contractor’’ means an expert or consultant (not appointed under section 3109 of title 5, United States Code) to an agency; an industrial or commercial contractor, licensee, certificate holder, or grantee of any agency, including all subcontractors; a personal services contractor; or any other category of person who performs work for or on behalf of an agency (but not a Federal employee). (f) ‘‘Contractor employee fitness’’ means fitness based on character and con- duct for work for or on behalf of the Government as a contractor employee. (g) ‘‘Covered individual’’ means a person who performs work for or on behalf of the executive branch, or who seeks to perform work for or on behalf of the executive branch, but does not include: (i) the President or (except to the extent otherwise directed by the President) employees of the President under section 105 or 107 of title 3, United States Code; or (ii) the Vice President or (except to the extent otherwise directed by the Vice President) employees of the Vice President under section 106 of title 3 or annual legislative branch appropriations acts. (h) ‘‘End-to-end automation’’ means an executive branch-wide federated sys- tem that uses automation to manage and monitor cases and maintain relevant documentation of the application (but not an employment application), inves- tigation, adjudication, and continuous evaluation processes. (i) ‘‘Federally controlled facilities’’ and ‘‘federally controlled information systems’’ have the meanings prescribed in guidance pursuant to the Federal Information Security Management Act (title III of Public Law 107–347) and Homeland Security Presidential Directive 12. (j) ‘‘Logical and physical access’’ means access other than occasional or intermittent access to federally controlled facilities or information systems. (k) ‘‘Sensitive position’’ means any position so designated under Executive Order 10450 of April 27, 1953, as amended. (l) ‘‘Suitability’’ has the meaning and coverage provided in 5 CFR Part 731. PART 2—ALIGNMENT, RECIPROCITY, AND GOVERNANCE Sec. 2.1. Aligned System. (a) Investigations and adjudications of covered individuals who require a determination of suitability, eligibility for logical and physical access, eligibility to hold a sensitive position, eligibility for access to classified information, and, as appropriate, contractor employee fitness, shall be aligned using consistent standards to the extent possible. Each successively higher level of investigation and adjudication shall build upon, but not duplicate, the ones below it. (b) The aligned system shall employ updated and consistent standards and methods, enable innovations with enterprise information technology capabili- ties and end-to-end automation to the extent practicable, and ensure that relevant information maintained by agencies can be accessed and shared VerDate Aug<31>2005 18:32 Jul 01, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 hsrobinson on PROD1PC76 with PROPOSALS2 38105 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Presidential Documents rapidly across the executive branch, while protecting national security, pro- tecting privacy-related information, ensuring resulting decisions are in the national interest, and providing the Federal Government with an effective workforce. (c) Except as otherwise authorized by law, background investigations and adjudications shall be mutually and reciprocally accepted by all agencies. An agency may not establish additional investigative or adjudicative require- ments (other than requirements for the conduct of a polygraph examination consistent with law, directive, or regulation) that exceed the requirements for suitability, contractor employee fitness, eligibility for logical or physical access, eligibility to hold a sensitive position, or eligibility for access to classified information without the approval of the Suitability Executive Agent or Security Executive Agent, as appropriate, and provided that approval to establish additional requirements shall be limited to circumstances where additional requirements are necessary to address significant needs unique to the agency involved or to protect national security. Sec. 2.2. Establishment and Functions of Performance Accountability Council. (a) There is hereby established a Suitability and Security Clearance Perform- ance Accountability Council (Council). (b) The Deputy Director for Management, Office of Management and Budget, shall serve as Chair of the Council and shall have authority, direction, and control over the Council’s functions. Membership on the Council shall include the Suitability Executive Agent and the Security Executive Agent. The Chair shall select a Vice Chair to act in the Chair’s absence. The Chair shall have authority to designate officials from additional agencies who shall serve as members of the Council. Council membership shall be limited to Federal Government employees and shall include suitability and security professionals. (c) The Council shall be accountable to the President to achieve, consistent with this order, the goals of reform, and is responsible for driving implemen- tation of the reform effort, ensuring accountability by agencies, ensuring the Suitability Executive Agent and the Security Executive Agent align their respective processes, and sustaining reform momentum. (d) The Council shall: (i) ensure alignment of suitability, security, and, as appropriate, contractor employee fitness investigative and adjudicative processes; (ii) hold agencies accountable for the implementation of suitability, secu- rity, and, as appropriate, contractor employee fitness processes and proce- dures; (iii) establish requirements for enterprise information technology; (iv) establish annual goals and progress metrics and prepare annual reports on results; (v) ensure and oversee the development of tools and techniques for enhanc- ing background investigations and the making of eligibility determinations; (vi) arbitrate disparities in procedures between the Suitability Executive Agent and the Security Executive Agent; (vii) ensure sharing of best practices; and (viii) advise the Suitability Executive Agent and the Security Executive Agent on policies affecting the alignment of investigations and adjudica- tions. (e) The Chair may, to ensure the effective implementation of the policy set forth in section 1.1 of this order and to the extent consistent with law, assign, in whole or in part, to the head of any agency (solely or jointly) any function within the Council’s responsibility relating to alignment and improvement of investigations and determinations of suitability, con- tractor employee fitness, eligibility for logical and physical access, eligibility for access to classified information, or eligibility to hold a sensitive position. VerDate Aug<31>2005 18:32 Jul 01, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 hsrobinson on PROD1PC76 with PROPOSALS2 38106 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Presidential Documents Sec. 2.3. Establishment, Designation, and Functions of Executive Agents. (a) There is hereby established a Suitability Executive Agent and a Security Executive Agent. (b) The Director of the Office of Personnel Management shall serve as the Suitability Executive Agent. As the Suitability Executive Agent, the Director of the Office of Personnel Management will continue to be responsible for developing and implementing uniform and consistent policies and proce- dures to ensure the effective, efficient, and timely completion of investiga- tions and adjudications relating to determinations of suitability and eligibility for logical and physical access. (c) The Director of National Intelligence shall serve as the Security Executive Agent. The Security Executive Agent: (i) shall direct the oversight of investigations and determinations of eligi- bility for access to classified information or eligibility to hold a sensitive position made by any agency; (ii) shall be responsible for developing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of investigations and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position; (iii) may issue guidelines and instructions to the heads of agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, and timeliness in processes relating to determinations by agencies of eligibility for access to classified information or eligibility to hold a sensitive position; (iv) shall serve as the final authority to designate an agency or agencies to conduct investigations of persons who are proposed for access to classi- fied information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position; (v) shall serve as the final authority to designate an agency or agencies to determine eligibility for access to classified information in accordance with Executive Order 12968 of August 2, 1995; (vi) shall ensure reciprocal recognition of eligibility for access to classified information among the agencies, including acting as the final authority to arbitrate and resolve disputes among the agencies involving the reci- procity of investigations and determinations of eligibility for access to classified information or eligibility to hold a sensitive position; and (vii) may assign, in whole or in part, to the head of any agency (solely or jointly) any of the functions detailed in (i) through (vi), above, with the agency’s exercise of such assigned functions to be subject to the Security Executive Agent’s oversight and with such terms and conditions (including approval by the Security Executive Agent) as the Security Execu- tive Agent determines appropriate. (d) Nothing in this order shall be construed in a manner that would limit the authorities of the Director of the Office of Personnel Management or the Director of National Intelligence under law. Sec. 2.4. Additional Functions. (a) The duties assigned to the Security Policy Board by Executive Order 12968 of August 2, 1995, to consider, coordinate, and recommend policy directives for executive branch security policies, procedures, and practices are reassigned to the Security Executive Agent. (b) Heads of agencies shall: (i) carry out any function assigned to the agency head by the Chair, and shall assist the Chair, the Council, the Suitability Executive Agent, and the Security Executive Agent in carrying out any function under sections 2.2 and 2.3 of this order; (ii) implement any policy or procedure developed pursuant to this order; (iii) to the extent permitted by law, make available to the Performance Accountability Council, the Suitability Executive Agent, or the Security VerDate Aug<31>2005 18:32 Jul 01, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 hsrobinson on PROD1PC76 with PROPOSALS2 38107 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Presidential Documents Executive Agent such information as may be requested to implement this order; (iv) ensure that all actions taken under this order take account of the counterintelligence interests of the United States, as appropriate; and (v) ensure that actions taken under this order are consistent with the President’s constitutional authority to: (A) conduct the foreign affairs of the United States; (B) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional du- ties; (C) recommend for congressional consideration such measures as the President may judge necessary or expedient; and (D) supervise the unitary executive branch. PART 3—MISCELLANEOUS Sec. 3. General Provisions. (a) Executive Order 13381 of June 27, 2005, as amended, is revoked. Nothing in this order shall: (i) supersede, impede, or otherwise affect: (A) Executive Order 10450 of April 27, 1953, as amended; (B) Executive Order 10577 of November 23, 1954, as amended; (C) Executive Order 12333 of December 4, 1981, as amended; (D) Executive Order 12829 of January 6, 1993, as amended; or (E) Executive Order 12958 of April 17, 1995, as amended; nor (ii) diminish or otherwise affect the denial and revocation procedures provided to individuals covered by Executive Order 10865 of February 20, 1960, as amended. (b) Executive Order 12968 of August 2, 1995 is amended: (i) by inserting: ‘‘Sec. 3.5. Continuous Evaluation. An individual who has been determined to be eligible for or who currently has access to classified information shall be subject to continuous evaluation under standards (including, but not limited to, the frequency of such evaluation) as determined by the Director of National Intelligence.’’; and (ii) by striking ‘‘the Security Policy Board shall make recommendations to the President through the Assistant to the President for National Security Affairs’’ in section 6.3(a) and inserting in lieu thereof ‘‘the Director of National Intelligence shall serve as the final authority’’; (iii) by striking ‘‘Security Policy Board’’ and inserting in lieu thereof ‘‘Security Executive Agent’’ in each instance; (iv) by striking ‘‘the Board’’ in section 1.1(j) and inserting in lieu thereof ‘‘the Security Executive Agent’’; and (v) by inserting ‘‘or appropriate automated procedures’’ in section 3.1(b) after ‘‘by appropriately trained adjudicative personnel’’. (c) Nothing in this order shall supersede, impede, or otherwise affect the remainder of Executive Order 12968 of August 2, 1995, as amended. (d) Executive Order 12171 of November 19, 1979, as amended, is further amended by striking ‘‘The Center for Federal Investigative Services’’ in sec- tion 1–216 and inserting in lieu thereof ‘‘The Federal Investigative Services Division.’’ (e) Nothing in this order shall be construed to impair or otherwise affect the: (i) authority granted by law to a department or agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (f) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Aug<31>2005 18:32 Jul 01, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 hsrobinson on PROD1PC76 with PROPOSALS2 38108 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Presidential Documents (g) Existing delegations of authority made pursuant to Executive Order 13381 of June 27, 2005, as amended, to any agency relating to granting eligibility for access to classified information and conducting investigations shall 13 remain in effect, subject to the exercise of authorities pursuant to this order to revise or revoke such delegation. (h) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order shall not be affected. (i) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers or employees, or any other person. THE WHITE HOUSE, June 30, 2008. [FR Doc. 08–1409 Filed 7–1–08; 11:00 am] Billing code 3195–W8–P VerDate Aug<31>2005 18:32 Jul 01, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 GWBOLD.EPS</GPH> hsrobinson on PROD1PC76 with PROPOSALS2

Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information

2008-06-30T00:00:00

396c535b2d803f3f30234836e82f73715e83cd84be6c64e2c0f6bb348679a026

Presidential Executive Order

08-970 (13462)

Presidential Documents 11805 Federal Register Vol. 73, No. 43 Tuesday, March 4, 2008 Title 3— The President Executive Order 13462 of February 29, 2008 President’s Intelligence Advisory Board and Intelligence Oversight Board By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to ensure that the President and other officers of the United States with responsibility for the security of the Nation and the advancement of its interests have access to accurate, insightful, objective, and timely information concerning the capabilities, intentions, and activities of foreign powers. Sec. 2. Definitions. As used in this order: (a) ‘‘department concerned’’ means an executive department listed in section 101 of title 5, United States Code, that contains an organization listed in or designated pursuant to section 3(4) of the National Security Act of 1947, as amended (50 U.S.C. 401a(4)); (b) ‘‘intelligence activities’’ has the meaning specified in section 3.4 of Executive Order 12333 of December 4, 1981, as amended; and (c) ‘‘intelligence community’’ means the organizations listed in or designated pursuant to section 3(4) of the National Security Act of 1947, as amended. Sec. 3. Establishment of the President’s Intelligence Advisory Board. (a) There is hereby established, within the Executive Office of the President and exclusively to advise and assist the President as set forth in this order, the President’s Intelligence Advisory Board (PIAB). (b) The PIAB shall consist of not more than 16 members appointed by the President from among individuals who are not employed by the Federal Government. (c) The President shall designate a Chair from among the members of the PIAB, who shall convene and preside at meetings of the PIAB, determine its agenda, and direct its work. (d) Members of the PIAB and the Intelligence Oversight Board (IOB) estab- lished in section 5 of this order: (i) shall serve without any compensation for their work on the PIAB or the IOB; and (ii) while engaged in the work of the PIAB or the IOB, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government (5 U.S.C. 5701– 5707). (e) The PIAB shall utilize such full-time professional and administrative staff as authorized by the Chair and approved by the President or the President’s designee. Such staff shall be supervised by an Executive Director of the PIAB, appointed by the President, whom the President may designate to serve also as the Executive Director of the IOB. Sec. 4. Functions of the PIAB. Consistent with the policy set forth in section 1 of this order, the PIAB shall have the authority to, as the PIAB determines appropriate, or shall, when directed by the President: VerDate Aug<31>2005 17:33 Mar 03, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\04MRE0.SGM 04MRE0 mstockstill on PROD1PC66 with PRESDOC 11806 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Presidential Documents (a) assess the quality, quantity, and adequacy of intelligence collection, of analysis and estimates, and of counterintelligence and other intelligence activities, assess the adequacy of management, personnel and organization in the intelligence community, and review the performance of all agencies of the Federal Government that are engaged in the collection, evaluation, or production of intelligence or the execution of intelligence policy and report the results of such assessments or reviews: (i) to the President, as necessary but not less than twice each year; and (ii) to the Director of National Intelligence (DNI) and the heads of departments concerned when the PIAB determines appropriate; and (b) consider and make appropriate recommendations to the President, the DNI, or the head of the department concerned with respect to matters identified to the PIAB by the DNI or the head of a department concerned. Sec. 5. Establishment of Intelligence Oversight Board. (a) There is hereby established a committee of the PIAB to be known as the Intelligence Oversight Board. (b) The IOB shall consist of not more than five members of the PIAB who are designated by the President from among members of the PIAB to serve on the IOB. The IOB shall utilize such full-time professional and administrative staff as authorized by the Chair and approved by the President or the President’s designee. Such staff shall be supervised by an Executive Director of the IOB, appointed by the President, whom the President may designate to serve also as the Executive Director of the PIAB. (c) The President shall designate a Chair from among the members of the IOB, who shall convene and preside at meetings of the IOB, determine its agenda, and direct its work. Sec. 6. Functions of the IOB. Consistent with the policy set forth in section 1 of this order, the IOB shall: (a) issue criteria on the thresholds for reporting matters to the IOB, to the extent consistent with section 1.7(d) of Executive Order 12333 or the corresponding provision of any successor order; (b) inform the President of intelligence activities that the IOB believes: (i)(A) may be unlawful or contrary to Executive Order or presidential direc- tive; and (B) are not being adequately addressed by the Attorney General, the DNI, or the head of the department concerned; or (ii) should be immediately reported to the President. (c) review and assess the effectiveness, efficiency, and sufficiency of the processes by which the DNI and the heads of departments concerned perform their respective functions under this order and report thereon as necessary, together with any recommendations, to the President and, as appropriate, the DNI and the head of the department concerned; (d) receive and review information submitted by the DNI under subsection 7(c) of this order and make recommendations thereon, including for any needed corrective action, with respect to such information, and the intel- ligence activities to which the information relates, as necessary, but not less than twice each year, to the President, the DNI, and the head of the department concerned; and (e) conduct, or request that the DNI or the head of the department concerned, as appropriate, carry out and report to the IOB the results of, investigations of intelligence activities that the IOB determines are necessary to enable the IOB to carry out its functions under this order. Sec. 7. Functions of the Director of National Intelligence. Consistent with the policy set forth in section 1 of this order, the DNI shall: VerDate Aug<31>2005 17:33 Mar 03, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\04MRE0.SGM 04MRE0 mstockstill on PROD1PC66 with PRESDOC 11807 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Presidential Documents (a) with respect to guidelines applicable to organizations within the intel- ligence community that concern reporting of intelligence activities described in subsection 6(b)(i)(A) of this order: (i) review and ensure that such guidelines are consistent with section 1.7(d) of Executive Order 12333, or a corresponding provision of any successor order, and this order; and (ii) issue for incorporation in such guidelines instructions relating to the format and schedule of such reporting as necessary to implement this order; (b) with respect to intelligence activities described in subsection 6(b)(i)(A) of this order: (i) receive reports submitted to the IOB pursuant to section 1.7(d) of Executive Order 12333, or a corresponding provision of any successor order; (ii) forward to the Attorney General information in such reports relating to such intelligence activities to the extent that such activities involve pos- sible violations of Federal criminal laws or implicate the authority of the Attorney General unless the DNI or the head of the department concerned has previously provided such information to the Attorney General; and (iii) monitor the intelligence community to ensure that the head of the department concerned has directed needed corrective actions and that such actions have been taken and report to the IOB and the head of the department concerned, and as appropriate the President, when such actions have not been timely taken; and (c) submit to the IOB as necessary and no less than twice each year: (i) an analysis of the reports received under subsection (b)(i) of this section, including an assessment of the gravity, frequency, trends, and patterns of occurrences of intelligence activities described in subsection 6(b)(i)(A) of this order; (ii) a summary of direction under subsection (b)(iii) of this section and any related recommendations; and (iii) an assessment of the effectiveness of corrective action taken by the DNI or the head of the department concerned with respect to intelligence activities described in subsection 6(b)(i)(A) of this order. Sec. 8. Functions of Heads of Departments Concerned and Additional Func- tions of the Director of National Intelligence. (a) To the extent permitted by law, the DNI and the heads of departments concerned shall provide such information and assistance as the PIAB and the IOB may need to perform functions under this order. (b) The heads of departments concerned shall: (i) ensure that the DNI receives: (A) copies of reports submitted to the IOB pursuant to section 1.7(d) of Executive Order 12333, or a corresponding provision of any successor order; and (B) such information and assistance as the DNI may need to perform functions under this order; and (ii) designate the offices within their respective organizations that shall submit reports to the IOB required by Executive Order and inform the DNI and the IOB of such designations; and (iii) ensure that departments concerned comply with instructions issued by the DNI under subsection 7(a)(ii) of this order. (c) The head of a department concerned who does not implement a rec- ommendation to that head of department from the PIAB under subsection 4(b) of this order or from the IOB under subsections 6(c) or 6(d) of this order shall promptly report through the DNI to the Board that made the recommendation, or to the President, the reasons for not implementing the recommendation. VerDate Aug<31>2005 17:33 Mar 03, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\04MRE0.SGM 04MRE0 mstockstill on PROD1PC66 with PRESDOC 11808 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Presidential Documents (d) The DNI shall ensure that the Director of the Central Intelligence Agency performs the functions with respect to the Central Intelligence Agency under this order that a head of a department concerned performs with respect to organizations within the intelligence community that are part of that department. Sec. 9. References and Transition. (a) References in Executive Orders other than this order, or in any other presidential guidance, to the ‘‘President’s Foreign Intelligence Advisory Board’’ shall be deemed to be references to the President’s Intelligence Advisory Board established by this order. (b) Individuals who are members of the President’s Foreign Intelligence Advisory Board under Executive Order 12863 of September 13, 1993, as amended, immediately prior to the signing of this order shall be members of the President’s Intelligence Advisory Board immediately upon the signing of this order, to serve as such consistent with this order until the date that is 15 months following the date of this order. (c) Individuals who are members of the Intelligence Oversight Board under Executive Order 12863 immediately prior to the signing of this order shall be members of the Intelligence Oversight Board under this order, to serve as such consistent with this order until the date that is 15 months following the date of this order. (d) The individual serving as Executive Director of the President’s Foreign Intelligence Advisory Board immediately prior to the signing of this order shall serve as the Executive Director of the PIAB until such person resigns, dies, or is removed, or upon appointment of a successor under this order and shall serve as the Executive Director of the IOB until an Executive Director of the IOB is appointed or designated under this order. Sec. 10. Revocation. Executive Order 12863 is revoked. Sec. 11. 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 budget, administrative, or legislative proposals. (b) Any person who is a member of the PIAB or IOB, or who is granted access to classified national security information in relation to the activities of the PIAB or the IOB, as a condition of access to such information, shall sign and comply with the agreements to protect such information from unauthorized disclosure. This order shall be implemented in a manner consistent with Executive Order 12958 of April 17, 1995, as amended, and Executive Order 12968 of August 2, 1995, as amended. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Aug<31>2005 17:33 Mar 03, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\04MRE0.SGM 04MRE0 mstockstill on PROD1PC66 with PRESDOC 11809 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Presidential Documents (d) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law 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 29, 2008. [FR Doc. 08–970 Filed 3–3–08; 11:35 am] Billing code 3195–01–P VerDate Aug<31>2005 17:33 Mar 03, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\04MRE0.SGM 04MRE0 GWBOLD.EPS</GPH> mstockstill on PROD1PC66 with PRESDOC

President's Intelligence Advisory Board and Intelligence Oversight Board

2008-02-29T00:00:00

372ff9a44f12131f9e336ed0c838a5f00e1b3fa8fdbbba0a734222f825e9b18f

Presidential Executive Order

08-797 (13461)

Presidential Documents 9437 Federal Register Vol. 73, No. 34 Wednesday, February 20, 2008 Title 3— The President Executive Order 13461 of February 15, 2008 Providing an Order of Succession Within the Department of Health and Human Services 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. Subject to the provisions of section 3 of this order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the Office of the Secretary of Health and Human Services (Secretary), if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, during any period in which the Secretary has died, resigned, or become otherwise unable to perform the functions and duties of the office of Secretary. Sec. 2. Order of Succession. (a) Deputy Secretary of Health and Human Services; (b) General Counsel of the Department of Health and Human Services; (c) Assistant Secretary (Resources and Technology); (d) Assistant Secretary (Planning and Evaluation); (e) Administrator of the Centers for Medicare and Medicaid Services; (f) Commissioner of Food and Drugs; (g) Director of the National Institutes of Health; (h) Assistant Secretary for Family Support; (i) Other Assistant Secretaries of the Department of Health and Human Services appointed by the President, in the order in which they shall have taken the oath of office as such; (j) Director, Centers for Disease Control and Prevention; and (k) Director, Region 4. Sec. 3. Exceptions. (a) No individual who is serving in an office listed in section 2 of this order in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this order. (b) Notwithstanding the provisions of this order, the President retains discre- tion, consistent with the Federal Vacancies Reform Act of 1998, to depart from this order in designating an acting Secretary. VerDate Aug<31>2005 16:51 Feb 19, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\20FEE0.SGM 20FEE0 rwilkins on PROD1PC63 with NOTICES 9438 Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Presidential Documents Sec. 4. Revocation. Executive Order 13250 of December 28, 2001 (Providing An Order of Succession Within the Department of Health and Human Serv- ices), and the President’s memorandum of March 19, 2002 (Designation of Officers of the Department of Health and Human Services), are hereby revoked. THE WHITE HOUSE, February 15, 2008. [FR Doc. 08–797 Filed 2–19–08; 8:50 am] Billing code 3195–01–P VerDate Aug<31>2005 16:51 Feb 19, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\20FEE0.SGM 20FEE0 GWBOLD.EPS</GPH> rwilkins on PROD1PC63 with NOTICES

Providing an Order of Succession Within the Department of Health and Human Services

2008-02-15T00:00:00

4ddbace44b4f3474e9a3f00ad64980b5d53ba58f6b6d470fdf0ad7da256943fe

Presidential Executive Order

08-761 (13460)

Presidential Documents 8991 Federal Register Vol. 73, No. 32 Friday, February 15, 2008 Title 3— The President Executive Order 13460 of February 13, 2008 Blocking Property of Additional Persons in Connection With the National Emergency 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, GEORGE W. BUSH, President of the United States of America, find that the Government of Syria continues to engage in certain conduct that formed the basis for the national emergency declared in Executive Order 13338 of May 11, 2004, including but not limited to undermining efforts with respect to the stabilization of Iraq. I further find that the conduct of certain members of the Government of Syria and other persons contributing to public corruption related to Syria, including by misusing Syrian public assets or by misusing public authority, entrenches and enriches the Govern- ment of Syria and its supporters and thereby enables the Government of Syria to continue to engage in certain conduct that formed the basis for the national emergency declared in Executive Order 13338. In light of these findings, and to take additional steps with respect to the national emergency declared in Executive Order 13338 of May 11, 2004, I hereby order: Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3) and (4)), the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX, Public Law 106–387), or 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, 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: persons determined by the Sec- retary of the Treasury, after consultation with the Secretary of State, to be responsible for, to have engaged in, to have facilitated, or to have secured improper advantage as a result of, public corruption by senior officials within the Government of Syria. (b) The prohibitions in paragraph (a) 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 person designated pursuant to this order, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 2. Section 3(a)(iv) of Executive Order 13338 is hereby amended to read as follows: ‘‘(iv) to be or to have been responsible for or otherwise significantly contributing to actions taken or decisions made by the Government of Syria that have the purpose or effect of undermining efforts to stabilize Iraq or of allowing the use of Syrian territory or facilities to undermine efforts to stabilize Iraq; or’’. Sec. 3. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in this order is prohibited. VerDate Aug<31>2005 17:23 Feb 14, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\15FEE0.SGM 15FEE0 jlentini on PROD1PC65 with FRE0 8992 Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Presidential Documents (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 4. For purposes of this order: (a) the term ‘‘person’’ means any 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, 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. 5. I hereby determine that the making of donations of the type specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, persons 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 relied upon for additional steps taken in Executive Order 13399 of April 25, 2006, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 6. For those persons whose property and interests in property are blocked pursuant to 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 meas- ures to be taken pursuant to this order would render these measures ineffec- tual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13338 and relied upon for additional steps taken in Executive Order 13399, there need be no prior notice of a determination made pursuant to this order. Sec. 7. The Secretary of the Treasury, after 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 executive 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 and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. Sec. 8. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or pursuant to this order. VerDate Aug<31>2005 17:23 Feb 14, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\15FEE0.SGM 15FEE0 jlentini on PROD1PC65 with FRE0 8993 Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / 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, instrumentalities, or entities, its officers or employees, or any other person. THE WHITE HOUSE, February 13, 2008. [FR Doc. 08–761 Filed 2–14–08; 10:37 am] Billing code 3195–01–P VerDate Aug<31>2005 17:23 Feb 14, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\15FEE0.SGM 15FEE0 GWBOLD.EPS</GPH> jlentini on PROD1PC65 with FRE0

Blocking Property of Additional Persons in Connection With the National Emergency With Respect to Syria

2008-02-13T00:00:00

0dbeab43a52718138fc8daa7e4e17c744da80666c10cff5f408e6d6cc8bc4ea2

Presidential Executive Order

08-658 (13459)

Presidential Documents 8003 Federal Register Vol. 73, No. 29 Tuesday, February 12, 2008 Title 3— The President Executive Order 13459 of February 7, 2008 Improving the Coordination and Effectiveness of Youth Programs By the authority vested in me as President by the Constitution and the laws of the United States of America, and in recognition of the successful interagency collaboration resulting from the Helping America’s Youth initia- tive, it is hereby ordered as follows: Section 1. Policy. It is the policy of the Federal Government to promote achievement of positive results for at-risk youth through: (a) enhanced collaboration among government organizations at the Federal, State, and local level, including with faith-based and other community organi- zations, as well as among families, schools, and communities, in order to leverage existing resources and improve outcomes; (b) identification and dissemination of promising strategies and practices that have been proven effective through rigorous evaluation; and (c) online publication of essential information to assist interested citizens and decision-makers, particularly at the community level, to plan, implement, and participate in effective programs for at-risk youth. Sec. 2. Establishment of the Interagency Working Group on Youth Programs. The Secretary of Health and Human Services (Secretary) shall establish within the Department of Health and Human Services for administrative purposes only, an Interagency Working Group on Youth Programs (Working Group), consistent with this order and reflecting the ongoing interagency collaboration under the Helping America’s Youth initiative. Sec. 3. Membership and Operation of the Working Group. (a) The Working Group shall consist exclusively of the following members or their designees, who shall be full-time Federal officers or employees: (i) the Secretary; (ii) the Attorney General; (iii) the Secretaries of Defense, the Interior, Agriculture, Commerce, Labor, Housing and Urban Development, and Education; (iv) the Director of the Office of National Drug Control Policy; (v) the Chief Executive Officer of the Corporation for National and Commu- nity Service; and (vi) other officers or full-time or permanent part-time employees of the United States, as determined by the Secretary, with the concurrence of the head of the department or agency concerned. (b) The Secretary (or the Secretary’s designee) shall serve as Chair, and the Attorney General (or the Attorney General’s designee) shall serve as Vice Chair, for a period of 2 years from the date of this order. Subsequent Chairs and Vice Chairs shall be designated by the Secretary on a biennial basis. (c) In implementing this section, the Chair, and in the Chair’s absence the Vice Chair, shall convene and preside at meetings of the Working Group, determine its agenda, direct its work, and establish and direct subgroups of the Working Group, as appropriate, to deal with particular subject matters, that shall consist exclusively of members of the Working Group or their VerDate Aug<31>2005 07:41 Feb 11, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\12FEE0.SGM 12FEE0 yshivers on PROD1PC62 with MISCELLANEOUS 8004 Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Presidential Documents designees. The Chair, after consultation with the Vice Chair, shall designate an officer or employee of one of the member departments or agencies to serve as the Executive Secretary of the Working Group. The Executive Sec- retary shall head any staff assigned to the Working Group and any subgroups thereof, and such staff shall consist exclusively of full-time or permanent part-time Federal employees. Sec. 4. Functions of the Working Group. Consistent with the policy set forth in section 1 of this order, the Working Group shall: (a) identify and engage key government and private or nonprofit organizations that can play a role in improving the coordination and effectiveness of programs serving and engaging youth, such as faith-based and other commu- nity organizations, businesses, volunteers, and other key constituencies; (b) develop a new Federal website on youth, built upon the Community Guide to Helping America’s Youth, with the first phase of this website to be launched within 10 months of the date of this order, by: (i) identifying and assessing the strengths and weaknesses of existing Federal websites focusing on youth-serving entities in order to improve access to the most useful content; (ii) providing for training to youth-serving entities to enable effective use of the Federal website; (iii) developing additional strategies and tools and resources accessible through the Federal website that will help promote effective community- based efforts to reduce the factors that put youth at risk and the provision of high-quality services to at-risk youth across the country; and (iv) developing strategies to ensure that the Federal website is routinely updated, improved, and publicized; (c) encourage all youth-serving Federal and State agencies, communities, grantees, and organizations to adopt high standards for assessing program results, including through the use of rigorous impact evaluations, as appro- priate, so that the most effective practices can be identified and replicated, and ineffective or duplicative programs can be eliminated or reformed; (d)(i) identify and promote initiatives and activities that merit strong inter- agency collaboration because of their potential to offer cost-effective solutions to achieve better results for at-risk youth, including volunteer service in concert with the USA Freedom Corps and mentoring in concert with the Federal Mentoring Council; and, (ii) encourage rigorous evaluations, as appropriate, of such initiatives and activities to ascertain their effectiveness in improving academic, employ- ment, social, and other individual outcomes, and make these findings publicly available, and (e) annually report to the President, through the Assistant to the President for Domestic Policy, on its work and on the implementation of any rec- ommendations arising from its work, with the first such report to be sub- mitted no later than 6 months after the date of this order. Sec. 5. Administration of the Working Group. (a) The Secretary shall, to the extent permitted by law, provide administrative support and funding for the Working Group. With the consent of the Secretary, other member departments or agencies may provide administrative support to the Working Group, to the extent permitted by law and consistent with their statutory authority. (b) The heads of executive departments and agencies shall provide, as appro- priate, such assistance and information as the Secretary may request to implement this order. (c) The website referred to in section 4(b) of this order shall be funded by contributions from executive departments and agencies to the extent permitted by law and consistent with their statutory authority. VerDate Aug<31>2005 07:41 Feb 11, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\12FEE0.SGM 12FEE0 yshivers on PROD1PC62 with MISCELLANEOUS 8005 Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Presidential Documents Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department, agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, February 7, 2008. [FR Doc. 08–658 Filed 2–11–08; 8:45 am] Billing code 3195–01–P VerDate Aug<31>2005 07:41 Feb 11, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\12FEE0.SGM 12FEE0 GWBOLD.EPS</GPH> yshivers on PROD1PC62 with MISCELLANEOUS

Improving the Coordination and Effectiveness of Youth Programs

2008-02-07T00:00:00

5cf53cad771c906a88b70eb4ce74b8eb2149fd2e715fab47559f292fdb736527