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Presidential Executive Order | 2016-31792 (13755) | Presidential Documents
96329
Federal Register
Vol. 81, No. 251
Friday, December 30, 2016
Title 3—
The President
Executive Order 13755 of December 23, 2016
Providing an Order of Succession Within the Department of
Labor
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies Reform
Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the ‘‘Act’’), it is hereby
ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2 of
this order, and to the limitations set forth in the Act, the following officials
of the Department of Labor, in the order listed, shall act as and perform
the functions and duties of the office of Secretary of Labor (Secretary)
during any period in which both the Secretary and the Deputy Secretary
of Labor have died, resigned, or otherwise become unable to perform the
functions and duties of the office of Secretary:
(a) Solicitor of Labor;
(b) Assistant Secretary for Administration and Management;
(c) Assistant Secretary for Policy;
(d) Assistant Secretary for Congressional and Intergovernmental Affairs;
(e) Assistant Secretary for Employment and Training;
(f) Assistant Secretary for Employee Benefits Security;
(g) Assistant Secretary for Occupational Safety and Health;
(h) Assistant Secretary for Mine Safety and Health;
(i) Assistant Secretary for Public Affairs;
(j) Chief Financial Officer;
(k) Administrator, Wage and Hour Division;
(l) Assistant Secretary for Veterans’ Employment and Training;
(m) Assistant Secretary for Disability Employment Policy;
(n) First assistants, pursuant to the Act, to the officials in the order
listed in (a) and (c)–(h);
(o) Regional Solicitor—Dallas; and
(p) Regional Administrator for the Office of the Assistant Secretary for
Administration and Management—Region VI/Dallas.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1(a)–(p) of this order in an acting capacity shall, by virtue of
so serving, act as Secretary pursuant to this order.
(b) No individual listed in section 1(a)–(p) of this order shall act as
Secretary unless that individual is otherwise eligible to so serve under
the Act.
(c) Notwithstanding the provisions of this order, the President retains
discretion, to the extent permitted by law, to depart from this order in
designating an acting Secretary.
Sec. 3. Revocation. Executive Order 13245 of December 18, 2001 (Providing
An Order of Succession Within the Department of Labor), is hereby revoked.
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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,
December 23, 2016.
[FR Doc. 2016–31792
Filed 12–29–16; 8:45 am]
Billing code 3295–F7–P
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| Providing an Order of Succession Within the Department of Labor | 2016-12-23T00:00:00 | 3b54ee30cb678cd17f53100e30a08516a5aa21a406aa027382d1260fb50de9cc |
Presidential Executive Order | 2016-30272 (13753) | Presidential Documents
90667
Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents
Executive Order 13753 of December 9, 2016
Amending the Order of Succession in the Department of
Homeland Security
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 as follows:
Section 1. Section 88 of Executive Order 13286 of February 28, 2003
(‘‘Amendment of Executive Orders, and Other Actions, in Connection With
the Transfer of Certain Functions to the Secretary of Homeland Security’’),
is amended by striking the text of such section in its entirety and inserting
the following in lieu thereof:
‘‘Sec. 88. Order of Succession.
Subject to the provisions of subsection (b) of this section, the officers named
in subsection (a) of this section, in the order listed, shall act as, and perform
the functions and duties of the office of, the Secretary of Homeland Security
(Secretary), if they are eligible to act as Secretary under the provisions
of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (Vacancies
Act), during any period in which the Secretary has died, resigned, or other-
wise become unable to perform the functions and duties of the office of
Secretary.
(a) Order of Succession.
(i) Deputy Secretary of Homeland Security;
(ii) Under Secretary for Management;
(iii) Administrator of the Federal Emergency Management Agency;
(iv) Under Secretary for National Protection and Programs;
(v) Under Secretary for Science and Technology;
(vi) Under Secretary for Intelligence and Analysis;
(vii) Commissioner of U.S. Customs and Border Protection;
(viii) Administrator of the Transportation Security Administration;
(ix) Director of U.S. Immigration and Customs Enforcement;
(x) Director of U.S. Citizenship and Immigration Services;
(xi) Assistant Secretary for Policy;
(xii) General Counsel;
(xiii) Deputy Under Secretary for Management;
(xiv) Deputy Commissioner of U.S. Customs and Border Protection;
(xv) Deputy Administrator of the Transportation Security Administration;
(xvi) Deputy Director of U.S. Immigration and Customs Enforcement;
(xvii) Deputy Director of U.S. Citizenship and Immigration Services; and
(xviii) Director of the Federal Law Enforcement Training Center.
(b) Exceptions.
(i) No individual who is serving in an office listed in subsection (a)
in an acting capacity, by virtue of so serving, shall act as Secretary pursuant
to this section.
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Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents
(ii) Notwithstanding the provisions of this section, the President retains
discretion, to the extent permitted by the Vacancies Act, to depart from
this order in designating an acting Secretary.’’
Sec. 2. Executive Order 13442 of August 13, 2007 (‘‘Amending the Order
of Succession in the Department of Homeland Security’’), is hereby revoked.
THE WHITE HOUSE,
December 9, 2016.
[FR Doc. 2016–30272
Filed 12–13–16; 11:15 am]
Billing code 3295–F7–P
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| Amending the Order of Succession in the Department of Homeland Security | 2016-12-09T00:00:00 | d4130c4fb7a65d7967f6698355ff352995507d059ccbb04c6fac22ec06db2d00 |
Presidential Executive Order | 2016-31875 (13756) | Presidential Documents
97099
Federal Register
Vol. 81, No. 251
Friday, December 30, 2016
Title 3—
The President
Executive Order 13756 of December 27, 2016
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303, are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102–40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior
executives in the Senior Executive Service, as established pursuant to 5
U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part
hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of
basic pay or salaries for the following offices and positions are set forth
on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 4501)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule
7.
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C.
203(a)) for members of the uniformed services, as adjusted under section
601 of the National Defense Authorization Act for Fiscal Year 2017, [S.
2943, 114th Cong. (2016)], as signed by the President on December 23,
2016, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c))
are set forth on Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304
of title 5, United States Code, and my authority to implement an alternative
level of comparability payments under section 5304a of title 5, United States
Code, locality-based comparability payments shall be paid in accordance
with Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. Pursuant to section 5372 of title 5,
United States Code, the rates of basic pay for administrative law judges
are set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2017. The other
schedules contained herein are effective on the first day of the first applicable
pay period beginning on or after January 1, 2017.
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Presidential Documents
Sec. 8. Prior Order Superseded. Executive Order 13715 of December 18,
2015, is superseded as of the effective dates specified in section 7 of this
order.
THE WHITE HOUSE,
December 27, 2016.
Billing code 3295–F7–P
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SCHEDULE 1- -GENERAL SCHEDULE
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2017)
1
2
3
4
5
6
7
8
9
10
GS-1
$18,526
$19,146
$19,762
$20,375
$20,991
$21,351
$21,960
$22,575
$22,599
$23,171
GS-2
20,829
21,325
22,015
22,599
22,853
23,525
24,197
24,869
25,541
26,213
GS-3
22,727
23,485
24,243
25,001
25,759
26,517
27,275
28,033
28,791
29,549
GS-4
25,514
26,364
27,214
28,064
28,914
29,764
30,614
31,464
32,314
33,164
GS-5.
28,545·
29,497
30,449
31,401
32,353
33,305
34,257
35,209
36,161
37,113
GS-6
31,819
32,880
33,941
35,002
36,063
37,124
38,185
39,246
40,307
41,368
GS-7
35,359
36,538
37,"717
38, 89'6
40,075
41;254
42,433
43,612
44,791
45,970
GS-8
39,,159
40,464
41,769
43,074
44,379
45,684
46,989
48,294
49,599
50,904
GS-9
43,251
44,693
46,135
47,577
49,019
50,461
51,903
53,345
54,787
56,229
GS-10
47,630
49,218
50,806
52,394
53,982
55,570
57,158
58,746
60,334.
61,922
GS-11
52,329
54,073
55,817
57,561
59,305
61,·049
62,793
64,537
66,281
68,025
GS-12
62,722
64,813
66,904
68,995
71,086
73,177
75,268
77,359
79,450
81,541
GS-13
74,584
77,070
79,556
82,042
84,528
87,014
89,500
91,986
94,472
96,,958
GS-14
88,136
'91,074
94,012
96,950
·99,888
102,826
105,764
108,702
111,640
114,578
GS-15
103,672
107,128
110,584
114,040
117,496
120,952
124,408
127,864
131,320
134,776
97102
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SCHEDULE 2--FOREIGN SERVICE SCHEDULE
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2017)
Step
Class
Class
Class
Cla:ss
Class
Class
Class.
Class
Class
1
2
3
4
5
6
7
8
9
1
$103,672
$84,005
$68,069
$55,156
$44,693
$39,954
$35,718
$31,.931
$28,545
2
106,782
86,525
70,111
56,811
46,034
41,153
36,790
32,889
29,401
3
109,986
89,121
72,214
58i515
47,415
42,387
37,893
33,876
30,283
4
113,285
91,795
74,381
60,270 .
48,.837
43,659
39,030
34,892
31,192
5
116,684
94,548
76,612
62,079
50,302
44,.969
40,201
35,939
32,128
6
120,184
97,385
78,911
63,941
51,811
46,318
41,407
37,017
33,091
7
123,790
100,306
81,278
65;859
53,366
47;707
42,649
38,127
34,084
8
127,503
103,316
83,716
67,835
54,967
49,138
43,929
39,271
35,107
9
131,329
106,415
86,228
69,870
56,616
50,613
45,246
40,449
36,160
10
134,776
109,607
88,815
71,966
58,314
52,131
46,604
41,663
37,245
11
134,776
112,896
91,479
74,125
60,064
53,695
48,002
42,913
38,362
12
"134,776
116,283
94,223
76,349
61,866
55,306
49,442
44,200
39,513
13
134,776
1191 7.71
97,050
78,639
63,722
56;965
50,925
45,526
40,698
14
134,776
123;364
99,962
80;998
65,633
58,674
52,453
46,892
41,919
97103
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SCHEDULE 3--VETERANS HEALTH ADMINISTRATION SCHEDULES
DEPARTMENT OF VETERANS AFFAIRS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2017)
Schedule for the Office of the Under Secretary for Health
(38 u.s.c. 7306)*
(Only applies to incumbents who are not physicians or dentists)
Assistant Under Secretaries for Health
Service Directors . . . .. ,
Director, National Center
.for Preventive Health . .
Minimum
$121,588
103., 672
Physician and Dentist Base and Longevity Schedule***
$163' 665**
Maximum
$151,005
151,005
Physician Grade
Dentist Grade .
$101,967
$149,553
101,967
149,553
Clinical Podia.t;rist, Chiropractor, and Optometrist Schedule
Chief Grade
$103,672
Senior Grade.
88,136
Intermed~ate Grade.
74,584
Full Grade.
62,722
Associate Grade
52,329
Physician Assistant and Expanded-Function
Dental Auxiliary Schedule••••
Director Grade.
$103,672
Assistant Director Grade.
88,136
Chief Grade
74,584
Senior Grade.
62,72,2
Intermediate Grade.
52,329
Full .Grade.
43,251
Associate Grade
37;2.19
Junior Grade.
31,819
$13.4' 776
114,578
96,958
81,541
68,025
$134,776
114,578
96,958
81,541
68,025
56,229
48,388
41,368
* This schedule does not apply to the Deputy Under Secretary for Health, the
Associate Deputy Under Secretary for Health, Assistant Under Secretaries for
Health who are physicians or dentists, Medical Directors, the Assistant Under
Secretary for Nursing Programs, or the Director of Nursing Services.
•• Pursuant to 38 U.S.C. 7404(d), the rate of basic pay payable to these
employees is limited to the rate for level V of the Executive Schedule, which
is $151,700.
*** Pursuant to section 3 of PUblic Law 108-445 and 38 U.S.C. 7431, Veterans
Health Administration physicians and dentists may also be paid market pay and
performance pay.
•••• Pursuant to section 30l(a) of Public Law 102-40, these positions are paid
according to the Nurse Schedule in 38 U.S.C. 4107(b), as in effect on August
.14, 1990, with subsequent adjustments.
97104
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SCHEDULE 4--SENIOR EXECUTIVE SERVICE
(Effective on the first day of the first applicable pay period
beginning on or after.January 1, 2017)
Agencies with a Certified SES
Performance Appraisal System .
Agencies without a Certified SES
Performance Appraisal System
Minimum
$124,406
$124,406
SCHEDULE 5--EXECUTIVE SCHEDULE
Maximum
$187,000
$172,100
(Ef.fective on the first day of the first applicable p~y period
·beginning on or after January 1, 2017)
Level I
$207,800
Level II
187,000
Level III.
172,100
Level IV
161,900
Level v
151,700
SCHEDULE 6--VICE PRESIDENT AND MEMBERS OF CONGRESS
{Effective on the first day of the first applicable pay period
beginning on or after January 1, 2017)
Vice President
Senators . . .
. ........
.
Members of the House of Representatives.
Delegates to the House of Representatives.
Resident Commissioner from Puerto Rico
President pro tempore of the Senate ..
Majority leader and minority leader of the Senate.
Majority leader and minority leader of the House
of Representatives . . . . . . . . .
Speaker of the House of Representatives.
SCHEDULE ?--jUDICIAL SALARIES
$240,100
174,000
174,000
174,000
174,000
193,400
193,400
193,400
223,500
(Effective on the first day of'the first applicable pay period
beginning on or after January 1, 2017)
Chief Justice of the United States . .
Assoc"iate Justices of the Supreme Court.
Circuit Judges . . . . . . . . . . .
District Judges ..........
.
Judges of the Court of International Trade
$263,300
251,800
217,600
205,100
205,100
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SCHEDULE S--PAY 01!' THB tlNJ:FOliMED SERVJ:CES
(Effective January 1., 2017)
Part X--MONTHLY BASXC PAY
YBARS OI!'•'SERVJ:CE (COMPlJTED ONDER 37 U.S.C. 205)
Pay Grade
2 or less
OVer 2
over 3
over 4
over 6
over 8
Over 10
over 12
OVer 14
over 16
OVer 18
COMMXSSXONBD OI!'FXCERS
0-10*
0-9
0-8
$10,155.00
$10,487.70
$10,708.50
$10' 770 .·00
$11,045.70
$11,505.90
$11,612:70
$12,049.80
$12,175.20
$12,551.70
$13,096.50
0-7
8,438.10
8,8_29.90
9,011.40
9,155.70
9,416.70
9,674.70
9,972.90
10,270.20
10,568.70
11,505.90
12,296.70
0-6**
6,398.70
·7,029.90
7,491.30
7,491.30
7,519.80
7,842.30
7,884.60
0-5
5,334.30
6,009.30
6,424.1!0
6,503.40
6,763.20
6,918.30
7;259.70
0-4
4,602.60
5,327.70
5,683.50
5,762.40
6,092.40
6,446.40
6,887.40
7,884.60
8,332.50
9, 124_.80
9,589.80
7,510.50
7,834.20
8,329.80
8,565.00
7,230.30
7,468.50
7,605.60
7,684.80
0-3***
4,046.70
4,587.00
4,950.90
5,398.20
5,657.10
5,940.90
6,124.20
6,426.00
6,583.50
6,583.50
6,583.50
0-2***
3,496.50.
3,982.20
4,586.10
4,741.20
4,839.00
4,839.00
4,839.00
4,839.00
4,839.00
4,839.00
4,839.00
0-l***
3,034.80
3,159.00
3,818.70
3,818.70
3,818.70
3,818.70
3,818.70
3,818.70
3, 8:t:a. 10
3,818.70
3,818.70
COMMXSSXONED· OI!'I!'XCERS WJ:TB OVER 4 YBARS ACT:IVE DUTY SERVJ:CE
AS AN ENL~STED MBMBER OR WARRAN"l' OI!'PXcER****
0-3E
-
$5,398.20
$5,657.10
$5,940.90
. $6,124.20
$6,426.00
$6,680.70
$6,827.10
$7,026.00
0-2E
-
4,741.20
4, 839 .. 00
4,992.90
5,253.00
5,454.00
5,603.70
5,603.70
5,603.70
0-1E
3' 818.7.0
4,077.60
4,228.50
4,382.40
4,533.90
4, 741.20
4,741.20
4,741.20
WARRAN"l' OPPXCERS
W-5
-
-
-
W-4
$4,182.00
$4·, 498. so
$4,627.50
$4,754.70
$4,973.40
$5,190.00
$5,409.30
$5;738;70
$6,027.90
$6,303.00
$6,528.30
W-3
3,819.00
3;978.30
4,141.50
4,195.20
4,365.90
4,702.50
5,052.90
5,218.20
5,409.00
5,605.50
5,959.20
W-2
3,379.50
3,699.00
. 3 ,·797. 40
3,864.90
4,084.20
4,424.70
4,593.60
4,759.50
4,962.90
5,121.60
5,265.60
W-1
2,966.40
3,285.60
3,371.40
3,552.90
3,767.40
4,083.60
_4,231.20
4,437.30
4,640.40
4,800.30
4,947.00
Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar year 2017, which is
$15,583.20 per month for officers at pay grades·0-7 through 0-10.
This includes officers serving as Chairman or Vice Chairman of the Joint Chiefs
of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Btaff of the Air Force,··Commandant of the Marine Corps, Commandant of
the Coast Guard, Chief of the National Guard Bureau,- or commander of a unified or specified combatant command (as defined in 10 U.S.C. 16~(c)).
Basic pay is limited to the rate of basic pay for level V of the Executive Schedule. in effect during calendar year 2017, which is $12,641.70
. per month, for officers at pay grades 0-6 and below.
***
Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant
officer.
**** Reservists with at least 1,460 points as an enlisted member, a warrant officer, or a warrant officer and an enlisted member which are
creditable toward reserve retirement also qualify for these rates.
97106
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Pay Grade
0-10.*
0-9
0-8
0-7
0-6**
0-5
0-4
0-3***
0-2***
0-1***
0-3E
0-2E
O-lE
w-5
W-4
W-3
W-2
W-1
Over 20
.$15' 583. 20*
14,352.00
13,598.70
12,296.70
10,054.50
8,798.10
7,684.80
6,583.50
4,839.00
3, 818.70
$7' 026.00
5,603.70
4,741.20
over 22
$15' 583. 20*
14,559.30
131 933 o SQ
12,296.70
10,318.80
91062.70
7,684.80
6,583.50
4,839.00
3, 818.70
$7' 026.00
.5,603. 70
41741.20
$7' 813.20
71 07Q ,1,0
6,340.80
Over 24
$15' 583. 20*
14,857.80
13,933.80
12,296.70
10,587.00
9,062.70
7,684.80
6,583.50
4,839.00
3'
818.70
$71026 • 00
5' 603.70
4,741.20
SCHEDOLE 8--PAY OF TBE tl!IUORMBD SERVl:CES (PAGE 2)
(Effective January 1, 2~17)
Part I--MONTHLY BASiC PAY
YEAIIS OF SIIRVJ:CB (COMPUTED ONDER 37 O.S.C. 205)
Over 26
over 28
OVer 30
OVer 32
COMMJ:SSJ:ONED OFFJ:CERS
$15,583. 20*
$15' 583. 20*
$15' 583. 20*
$15,583. 20*
15,378.60
15,378.60
15,583.20*
15,583.20*
13,933.80
13,933.80
14,282.70
14,282.70
12,359.70
12,359.70
12,606.90
12,606.90
11,106.00
11,106.00
11,328.00
11,328.00
9,062.70
9,062.70
9, 062.70
9,062.70
7,684.80
7,684.80
7,684.80
7,684.80
6,583.50
6,583.50
6,583.50
6,583.50
4,839.00
4,839.00
4,839.00
4,839.00
3, 81.8. 70
3,818.70
3,818.70
3,818.70
COMI<I:SSJ:ONBD OFFJ:CBRS WJ:TB OVER 4 YEAIIS ACTJ:VE DUTY SBRVJ:CE
AS AN ENLIS'l'BD MEMBER OR WARR.AN'l' OJ'PICER****
$7,026.00
$7,026.00
$7,026.00
$7;026.00
5, 603.70
4,741..20
5,603.70
4, 741.20
5,6.03. 70
4,741.20
WARRl\NT OFPJ:CERS
5, 603.70
4,741.20
Over 34
$151583 o 20*
15,583.20*
·141639.70
12,606.90
11,328.00
91062.70
7,684. 80
6,583.50
4,839.00
3,818.70
$7' 026.00
5,603.70
4, 741.20
over 36
$151583 • 20*
15~583.20*
14,639.70
12,606.90
111328.00
91062 • 70
7,684.80
6,583.50
4,839.00
3,818.70
$7' 026.00
5' 603.70
4,741.20
OVer 38
$15' 583. 20*
151583 • 20*
141639.70
12,606.90
111328.00
91062.70
7,684.80
6,583 .so
4,839.00
3,818.70
$7,026.00
5,603.70
4, 741.20
$8,094.00
$8,405.10
$8,405.10
$8,826.00
$8,826.00
$9,266.70
$9,266.70
$9,730.80
7,335.00
7,637.40
7,637.40
7,789.80
7,789!80
7,789.80
7,789.80
7,789.80
6,492.60
6,699.30
6,699.30
6,699.30
6,699.30
6,699.30
6,699.30
6,699.30
5,437.80
5,550.90
5,640.60
5,640.60
5,640.60
5,640.60
5,640.60
5,640.60
5,640.60
5,640.60
5,1.25.80
5,125.80
5,125.so
5,125.80
s,12s.8o
s,12S:eo
s,12s.8o
s,12s.8o
5,125.80
5,125.so
Basic pay is limited to the rate of basic pay for level II of the Executive Schedule. in effect during calendar year 2017, which is
$15,583.20 per month for officers at pay grades 0-7 through 0-10.
This includes officers serving as Chairman or Vice Chairman of the Joint Chiefs
of Staff, Chief of Staff of the Army, Chief of Naval operations, Chief of staff of the· Air Force,_ Commandant of the Marine Corps, Commandant of
the Coast Guard; Chief of the National Guard Bureau, or commander of a unified or specified combatant command {as defined in 10 u.s.c. 161(c)).
Basic pay is limited to the rate of basic pay for level V of the Executive Schedule in effect during calendar year 2017, which is $12,641.70
per month, for officers at pay grades 0-6 and below.
***
Does not apply to coounissioned officers who have been credited with over 4 years of active duty s~rvice as an enlisted member or warrant
officer.
****
Reservists with at least 1,460 points as an enlisted member, a warrant officer, or a warrant officer and an enlisted member which are
creditable toward reserve retirement also qualify for these rates.
OVer 40
$15,583. 20*
15,583.20*
14,639.70
12,606.90
11,328.00
9,062.70
7,684.80
61583 .so
4,839.00
3, 818.70
$7' 026 .oo
5, 603.70
4,74~.20
$9,730.80
7,789.80
61699.30
5,640.60
5,125.80
97107
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SqmDULB 8--PAY OF THE UNIFORMED SBRVJ:CBS (PAGE 3)
(Effective January 1, 2017)
Part X--MONTHLY BASJ:C PAY
·YEARS OF SERVJ:CE (COMPUTED UNDER 37 U.S.C. 205)
Pay Grade
.2 or less
OVer 2
over 3
over·4
OVer 6
OVer 8
over 10
OVer 12
OVer 14
over 16
OVer 18
ENLISTED MEMBERS
E-9*
-
-
-
-
$5,052.60
$5,166.90
$5,311.50
$5,481.00
$5,652.60
E-8
-
-
$4,136.10
4,318.80
4,432.20
4,567.80
4,715.10
4,980.30
E-7
$2,875.20
$3,138.00
$3,258.30
$3,417.30
$3,541. 80
3,755.10
3,875.40
4,088.70
4,266.60
4,387.80
4,516.80
E-6
2,486.70
2,736.60
2,857.20
2,974.80
·3,-097.20
3,372.60
3,480.30
3,688.20
3,751.50
3,797.70
3,851.70
E-5
2,278.20
2,431.50
2,549.10
2,669.10
2,856.60
3,052.50
3,213.60
3,232.80
3,232.80
3,232.80
3,232.80
E-4
2,088.90
2,195.70
2,314.80
2,432.10
2,535.60
2,535.60
2,535.60
2,535.60
2,535.60
2,535.60
2,535.60
E-3
1,885.80
2,004.30
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125·.8o ·
E-2
1,793.40
1;793.40
1,793.40
1,793.40
1,793.40
1,793.40
1,793.40
1,793.40
1,793.40
1,793.40
1,793.40
E-1**
1,
599
.. 90
1,599.90
1,599.90
1,599.90
1,599.90
1,599.90
1;599.90
1,599.90
1,599.90
1,599.90
1,599.90
E-1***
1,479.30
For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the NaVy or Coast Guard, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Carps, Senior Enlisted Advisor to the .Chairman of the Joint Chiefs of Staff, or Senior
Enlisted Advisor to the Chief of the National Guard Bureau, basic pay for this grade is $8,165.10 per month, regardless of. cumulative years of
service under 37 u.s.c. 205.
Applies to personnel who have served 4 months or more on active duty.
Applies to_personnel who have served less than 4 months on active duty.
97108
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SCHEDULE 8~-PAY OF THE UNJ:FOIIMED SERVJ:CES (PAGE 4)
(Effective January 1, 2017)
Part I--MONTHLY BASIC PAY
· YEARS OF SERVJ:CE (COMPUTED 1JHDER 37 U.S.C. 205)
Pay Grade
Over 20
Over 22
Over 24
Over 26
Over 28
Over 30
over 32
Over 34
Over 36
Over 38
ever 40
ENLISTED MEMBERS
E-9*
$5,926.50
$6,158.70
$6,402.60
$6,776.40
$6,776.40
$7,114.80
$7,114.80
$7,470.60
$7,470.60
$7,844.70
$7,844.70
)i!-8
5,1-14.70
5,343.60
5,470.50
5,782.80
5,782.80
5,898.90
5,898.90
5,898.90
5,898.90
5,898.90
5,898;90
E-7
4,566.60
4,734.60
4,824.60
5,167.50
5,167.50
5,167.50
5,167.50
5,157.50
5,167.50
5,167.50
5,167.50
E-6
3, 851.70
3,851.70
3,851.70
3,851.70
3,851.70
3; 851.·70
3,851.70
3,851 .. 70
3, 851.70
3, 851.70
3,851.70
E-5
3,232.80
3,232.80
3,232.80
3,232.80
3,232.80
3,232.80
3,232.80
3,232.80
3,232.80
3,232.80·
3,232.80
E-4
2,535.60
2,535.60
2,535.60
2,535.60
2,535.60
2,535.60
2;535.60
2,535.60
2,535.60
2,535.60
2,535.60
E-3
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
2,125.80
E-2
1,793.40
1,793.40
1,793.40
1,793.40
1,793.40
1,793.40
1,793.40
1,793.4Q
1,793.40
1,793.40
1,793.40
E-1**
1,599.90
1,599.90
1,599.90
1,599.90
1,599.90
1,599.90
1,599.90
1,599.90
1,599.90
1,599.90
1,599.90
E-1***
*
For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, Senior Enlisted Advisor to the Chairman of the·Joint Chiefs of Staff, or Senior
Enlisted Advisor to the Chief of the National Guard Bureau, basic-pay for this grade is $8,165.10 per month, regardless of cumulative years of
service under 37 U.S.C. 205.
**
Applies to personnel who have served 4 months or more on active duty.
***
Applies to personnel who have served less than 4 months on active duty.
97109
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SCHEDU~E 8--PAY OF THE UNIFORMED SERVICES (PAGE 5)
Part II--RATE OF MONTHLY CADET OR MIDSHIPMAN PAY
The rate of monthly cadet or midshipman pay authorized by 37 u.s.c. 203(c) is
$1,062.30.
Note: As a result of the enactment of sections 602-604 of Public Law 105-85,
the National Defense Authorization Act for Fiscal Year 1998, the
Secretary of Defense now has the authority to adjust the rates of basic
allowances for subsistence and housing. Therefore, these allowances are
no longer adjusted by the President in conjunction with the adjustment
of basic pay for members of the uniformed services. Accordingly, the
tables .of allowances included in previous orders are not included here.
97110
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Presidential Documents
[FR Doc. 2016–31875
Filed 12–29–16; 11:15 a.m.]
Billing code 6325–01–C
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SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2017)
Locality Pay Area*
Rate
Alaska .........................................................
27 .13%
Albany-Schenectady, NY .......................................
15. 85%
Albuquerque-Santa Fe-Las Vegas, NM ...........................
15.36%
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL ............
20.70%
Austin-Round Rock, TX ........................................
15.97%
Boston-Worcester-Providence, MA-RI-NH-CT-ME ..................
26.73%
Buffalo-Cheektowaga, NY ......................................
18. 66%
Charlotte-Concord, NC-SC .' ..
·
............
·
...
·
.............
: .....
15. 65%
Chicago-Naperville, IL-IN-WI ...............
.' .................
26.85%
Cincinnati-Wilmington-Maysville., OH·-KY-IN ....................
19.52%
Cleveland-Akron-Canton, OH ................................•..
19. 71% .
Colorado Springs, co ..................
' ...•..................
15.99%
Columbus-Marion-Zanesville, OH ...............................
18.49%
Dallas-Fort Worth, TX-OK ...................
·
..................
22.61%
Davenport.-Moline, IA-IL ......................................
15.56%
Dayton-Springfield-Sidney, OH .....
·
............................
17. 59%
Denver-Aurora, CO ....•.............
, ...........
· ..............
24.65%
Detroit-Warren-Ann Arbor, MI .................................
25.68%
Harrisburg-Lebanon, PA ·
... ' .....
·
..........
·
....................
15.63%
Hartford-West.Hartford, CT-MA ................................
27.57%
Hawaii ................
·
........................................
17.92%
Houston-The Woodlands, TX ....................................
30.97%
Huntsville-Decatur-Albertville, AL ...........................
17.82%
Indianapolis-Carmel-Muncie, IN ...............................
15.85%
Kansas City-overland Park-Kansas City, MO-KS .................
15.59%
Laredo, TX ....................................................
16.68%
Las Vegas-Henderson, NV-AZ ......
·
.................
: ...........
15.93%
Los Angeles-Long Beach, CA ...................................
29;
65%
Miami-Fort Lauderdale-Port St. Lucie, FL .....................
22.13%
Milwaukee-Racine-Waukesha, WI ................................
19.
·61%
Minneapolis-St. Paul, MN-WI ..................................
22.72%
New York-Newark, NY-NJ-CT-PA ................................
·. 31.22%
Palm Bay-Melbourne-Titusville, FL ............................
15.48%
Philadelphia-Reading-Camden, PA-NJ-DE-MD .....................
23.87%
Phoenix-Mesa-Scottsdale, AZ ..................................
18.57%
Pittsburgh-New Castle-Weirton, PA-OH-WV ......................
17.86%
Portland-Vancouver-Salem, OR-WA ...................
·
...........
21.95%
Raleigh-Durham-Chapel Hill, NC ..........................•....
19.02%
Richmond, VA .............................................
~ ... 18.
19%
Sacramento-Roseville, CA-NV ..........................•........
24 .14%
San Diego-Carlsbad, CA ·
.......................................
26.98%
San Jose-San Francisco-Oakland, CA .......................•...
38.17%
Seattle-Tacoma, WA ............................................
24.24%
St. Louis-St. Charles-Farmington, MO-IL ......................
15.83%
Tucson-Nogales, AZ : ...................................•......
15. 66%
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA ...............
27.10%
Rest of u.s ...............................................
·
... 15.06%
L9cality Pay Areas are defined in 5 CFR 531.603.
SCHEDULE 10--ADMINISTRATIVE LAW JUDGES
(Effective on the first day of the first applicable pay period
.beginning on or after January .1, 2017)
AL-3/A ..........
, ............................................
$108,100
AL-3/B ........................................................ 116,300
AL-3/C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124,700
AL-3/D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133,000
AL-3/E ......................................................• 141,500
AL-3/F . . . . . . . . . . . . . . • • . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149,600
AL-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157,900
AL-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 161,900
| Adjustments of Certain Rates of Pay | 2016-12-27T00:00:00 | cda54f7d12bc810a12e8a3928c0afb9c6172b489f312570df1e9b3f1bd20c373 |
Presidential Executive Order | 2016-30101 (13752) | Presidential Documents
90181
Federal Register
Vol. 81, No. 239
Tuesday, December 13, 2016
Title 3—
The President
Executive Order 13752 of December 8, 2016
Relating to the Implementation of the Convention on the
International Recovery of Child Support and Other Forms of
Family Maintenance
The United States of America deposited its instrument of ratification of
the Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance (Convention) on September 7, 2016.
The Convention will enter into force for the United States on January 1,
2017. Article 4 of the Convention imposes upon States Parties an obligation
to designate a ‘‘Central Authority’’ for the purpose of discharging certain
specified functions.
NOW, THEREFORE, by virtue of the authority vested in me as President
by the Constitution and the laws of the United States of America, it is
ordered as follows:
Section 1. Designation of Central Authority. The Department of Health and
Human Services is hereby designated as the Central Authority of the United
States for purposes of the Convention. The Secretary of Health and Human
Services is hereby authorized and empowered, in accordance with such
regulations as the Secretary may prescribe, to perform all lawful acts that
may be necessary and proper in order to execute the functions of the
Central Authority in a timely and efficient manner.
Sec. 2. Designation of State IV–D Child Support Agencies. The Central
Authority may designate the State agencies responsible for implementing
an approved State Plan under title IV–D of the Social Security Act, 42
U.S.C. 651 et seq., as public bodies authorized to perform specific functions
in relation to applications under the Convention.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof, or the status of that department or agency within the
Federal Government; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
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90182
Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Presidential Documents
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
December 8, 2016.
[FR Doc. 2016–30101
Filed 12–12–16; 11:15 am]
Billing code 3295–F7–P
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| Relating to the Implementation of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance | 2016-12-08T00:00:00 | 931fea5759b66c8155d1e182fa6576f85797c8228c373eba4c08f8defc9d56bd |
Presidential Executive Order | 2016-29519 (13751) | Presidential Documents
88609
Federal Register
Vol. 81, No. 236
Thursday, December 8, 2016
Title 3—
The President
Executive Order 13751 of December 5, 2016
Safeguarding the Nation From the Impacts of Invasive Spe-
cies
By the authority vested in me as President by the Constitution and to
ensure the faithful execution of the laws of the United States of America,
including the National Environmental Policy Act of 1969, as amended (42
U.S.C. 4321 et seq.), the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990, (16 U.S.C. 4701 et seq.), the Plant Protection Act
(7 U.S.C. 7701 et seq.), the Lacey Act, as amended (18 U.S.C. 42, 16 U.S.C.
3371–3378 et seq.), the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), the Noxious Weed Control and Eradication Act of
2004 (7 U.S.C. 7781 et seq.), and other pertinent statutes, to prevent the
introduction of invasive species and provide for their control, and to mini-
mize the economic, plant, animal, ecological, and human health impacts
that invasive species cause, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to prevent the introduc-
tion, establishment, and spread of invasive species, as well as to eradicate
and control populations of invasive species that are established. Invasive
species pose threats to prosperity, security, and quality of life. They have
negative impacts on the environment and natural resources, agriculture and
food production systems, water resources, human, animal, and plant health,
infrastructure, the economy, energy, cultural resources, and military readi-
ness. Every year, invasive species cost the United States billions of dollars
in economic losses and other damages.
Of substantial growing concern are invasive species that are or may be
vectors, reservoirs, and causative agents of disease, which threaten human,
animal, and plant health. The introduction, establishment, and spread of
invasive species create the potential for serious public health impacts, espe-
cially when considered in the context of changing climate conditions. Climate
change influences the establishment, spread, and impacts of invasive species.
Executive Order 13112 of February 3, 1999 (Invasive Species), called upon
executive departments and agencies to take steps to prevent the introduction
and spread of invasive species, and to support efforts to eradicate and
control invasive species that are established. Executive Order 13112 also
created a coordinating body—the Invasive Species Council, also referred
to as the National Invasive Species Council—to oversee implementation
of the order, encourage proactive planning and action, develop recommenda-
tions for international cooperation, and take other steps to improve the
Federal response to invasive species. Past efforts at preventing, eradicating,
and controlling invasive species demonstrated that collaboration across Fed-
eral, State, local, tribal, and territorial government; stakeholders; and the
private sector is critical to minimizing the spread of invasive species and
that coordinated action is necessary to protect the assets and security of
the United States.
This order amends Executive Order 13112 and directs actions to continue
coordinated Federal prevention and control efforts related to invasive species.
This order maintains the National Invasive Species Council (Council) and
the Invasive Species Advisory Committee; expands the membership of the
Council; clarifies the operations of the Council; incorporates considerations
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of human and environmental health, climate change, technological innova-
tion, and other emerging priorities into Federal efforts to address invasive
species; and strengthens coordinated, cost-efficient Federal action.
Sec. 2. Definitions. Section 1 of Executive Order 13112 is amended to
read as follows:
‘‘Section 1. Definitions. (a) ‘Control’ means containing, suppressing, or
reducing populations of invasive species.
(b) ‘Eradication’ means the removal or destruction of an entire population
of invasive species.
(c) ‘Federal agency’ means an executive department or agency, but does
not include independent establishments as defined by 5 U.S.C. 104.
(d) ‘Introduction’ means, as a result of human activity, the intentional
or unintentional escape, release, dissemination, or placement of an organism
into an ecosystem to which it is not native.
(e) ‘Invasive species’ means, with regard to a particular ecosystem, a
non-native organism whose introduction causes or is likely to cause economic
or environmental harm, or harm to human, animal, or plant health.
(f) ‘Non-native species’ or ‘alien species’ means, with respect to a particular
ecosystem, an organism, including its seeds, eggs, spores, or other biological
material capable of propagating that species, that occurs outside of its natural
range.
(g) ‘Pathway’ means the mechanisms and processes by which non-native
species are moved, intentionally or unintentionally, into a new ecosystem.
(h) ‘Prevention’ means the action of stopping invasive species from being
introduced or spreading into a new ecosystem.
(i) ‘United States’ means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin
Islands, the Commonwealth of the Northern Mariana Islands, all possessions,
and the territorial sea of the United States as defined by Presidential Procla-
mation 5928 of December 27, 1988.’’
Sec. 3. Federal Agency Duties. Section 2 of Executive Order 13112 is
amended to read as follows:
‘‘Sec. 2. Federal Agency Duties. (a) Each Federal agency for which that
agency’s actions may affect the introduction, establishment, or spread of
invasive species shall, to the extent practicable and permitted by law,
(1) identify such agency actions;
(2) subject to the availability of appropriations, and within administrative,
budgetary, and jurisdictional limits, use relevant agency programs and au-
thorities to:
(i) prevent the introduction, establishment, and spread of invasive species;
(ii) detect and respond rapidly to eradicate or control populations of
invasive species in a manner that is cost-effective and minimizes human,
animal, plant, and environmental health risks;
(iii) monitor invasive species populations accurately and reliably;
(iv) provide for the restoration of native species, ecosystems, and other
assets that have been impacted by invasive species;
(v) conduct research on invasive species and develop and apply tech-
nologies to prevent their introduction, and provide for environmentally
sound methods of eradication and control of invasive species;
(vi) promote public education and action on invasive species, their path-
ways, and ways to address them, with an emphasis on prevention, and
early detection and rapid response;
(vii) assess and strengthen, as appropriate, policy and regulatory frame-
works pertaining to the prevention, eradication, and control of invasive
species and address regulatory gaps, inconsistencies, and conflicts;
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(viii) coordinate with and complement similar efforts of States, territories,
federally recognized American Indian tribes, Alaska Native Corporations,
Native Hawaiians, local governments, nongovernmental organizations, and
the private sector; and
(ix) in consultation with the Department of State and with other agencies
as appropriate, coordinate with foreign governments to prevent the move-
ment and minimize the impacts of invasive species; and
(3) refrain from authorizing, funding, or implementing actions that are likely
to cause or promote the introduction, establishment, or spread of invasive
species in the United States unless, pursuant to guidelines that it has pre-
scribed, the agency has determined and made public its determination that
the benefits of such actions clearly outweigh the potential harm caused
by invasive species; and that all feasible and prudent measures to minimize
risk of harm will be taken in conjunction with the actions.
(c) Federal agencies shall pursue the duties set forth in this section in
coordination, to the extent practicable, with other member agencies of the
Council and staff, consistent with the National Invasive Species Council
Management Plan, and in cooperation with State, local, tribal, and territorial
governments, and stakeholders, as appropriate, and in consultation with
the Department of State when Federal agencies are working with international
organizations and foreign nations.
(d) Federal agencies that are members of the Council, and Federal inter-
agency bodies working on issues relevant to the prevention, eradication,
and control of invasive species, shall provide the Council with annual
information on actions taken that implement these duties and identify barriers
to advancing priority actions.
(e) To the extent practicable, Federal agencies shall also expand the use
of new and existing technologies and practices; develop, share, and utilize
similar metrics and standards, methodologies, and databases and, where
relevant, platforms for monitoring invasive species; and, facilitate the inter-
operability of information systems, open data, data analytics, predictive mod-
eling, and data reporting necessary to inform timely, science-based decision
making.
Sec. 4. Emerging Priorities. Federal agencies that are members of the Council
and Federal interagency bodies working on issues relevant to the prevention,
eradication, and control of invasive species shall take emerging priorities
into consideration, including:
(a) Federal agencies shall consider the potential public health and safety
impacts of invasive species, especially those species that are vectors, res-
ervoirs, and causative agents of disease. The Department of Health and
Human Services, in coordination and consultation with relevant agencies
as appropriate, shall within 1 year of this order, and as requested by the
Council thereafter, provide the Office of Science and Technology Policy
and the Council a report on public health impacts associated with invasive
species. That report shall describe the disease, injury, immunologic, and
safety impacts associated with invasive species, including any direct and
indirect impacts on low-income, minority, and tribal communities.
(b) Federal agencies shall consider the impacts of climate change when
working on issues relevant to the prevention, eradication, and control of
invasive species, including in research and monitoring efforts, and integrate
invasive species into Federal climate change coordinating frameworks and
initiatives.
(c) Federal agencies shall consider opportunities to apply innovative
science and technology when addressing the duties identified in section
2 of Executive Order 13112, as amended, including, but not limited to,
promoting open data and data analytics; harnessing technological advances
in remote sensing technologies, molecular tools, cloud computing, and pre-
dictive analytics; and using tools such as challenge prizes, citizen science,
and crowdsourcing.
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Sec. 5. National Invasive Species Council. Section 3 of Executive Order
13112 is amended to read as follows:
‘‘Sec. 3. National Invasive Species Council. (a) A National Invasive Species
Council (Council) is hereby established. The mission of the Council is to
provide the vision and leadership to coordinate, sustain, and expand Federal
efforts to safeguard the interests of the United States through the prevention,
eradication, and control of invasive species, and through the restoration
of ecosystems and other assets impacted by invasive species.
(b) The Council’s membership shall be composed of the following officials,
who may designate a senior-level representative to perform the functions
of the member:
(i) Secretary of State;
(ii) Secretary of the Treasury;
(iii) Secretary of Defense;
(iv) Secretary of the Interior;
(v) Secretary of Agriculture;
(vi) Secretary of Commerce;
(vii) Secretary of Health and Human Services;
(viii) Secretary of Transportation;
(ix) Secretary of Homeland Security;
(x) Administrator of the National Aeronautics and Space Administration;
(xi) Administrator of the Environmental Protection Agency;
(xii) Administrator of the United States Agency for International Develop-
ment;
(xiii) United States Trade Representative;
(xiv) Director or Chair of the following components of the Executive
Office of the President: the Office of Science and Technology Policy,
the Council on Environmental Quality, and the Office of Management
and Budget; and
(xv) Officials from such other departments, agencies, offices, or entities
as the agencies set forth above, by consensus, deem appropriate.
(c) The Council shall be co-chaired by the Secretary of the Interior (Sec-
retary), the Secretary of Agriculture, and the Secretary of Commerce, who
shall meet quarterly or more frequently if needed, and who may designate
a senior-level representative to perform the functions of the Co-Chair. The
Council shall meet no less than once each year. The Secretary of the Interior
shall, after consultation with the Co-Chairs, appoint an Executive Director
of the Council to oversee a staff that supports the duties of the Council.
Within 1 year of the date of this order, the Co-Chairs of the Council shall,
with consensus of its members, complete a charter, which shall include
any administrative policies and processes necessary to ensure the Council
can satisfy the functions and responsibilities described in this order.
(d) The Secretary of the Interior shall maintain the current Invasive Species
Advisory Committee established under the Federal Advisory Committee Act,
5 U.S.C. App., to provide information and advice for consideration by the
Council. The Secretary shall, after consultation with other members of the
Council, appoint members of the advisory committee who represent diverse
stakeholders and who have expertise to advise the Council.
(e) Administration of the Council. The Department of the Interior shall
provide funding and administrative support for the Council and the advisory
committee consistent with existing authorities. To the extent permitted by
law, including the Economy Act, and within existing appropriations, partici-
pating agencies may detail staff to the Department of the Interior to support
the Council’s efforts.’’
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Sec. 6. Duties of the National Invasive Species Council. Section 4 of Execu-
tive Order 13112 is amended to read as follows:
‘‘Sec. 4. Duties of the National Invasive Species Council. The Council
shall provide national leadership regarding invasive species and shall:
(a) with regard to the implementation of this order, work to ensure that
the Federal agency and interagency activities concerning invasive species
are coordinated, complementary, cost-efficient, and effective;
(b) undertake a National Invasive Species Assessment in coordination
with the U.S. Global Change Research Program’s periodic national assess-
ment, that evaluates the impact of invasive species on major U.S. assets,
including food security, water resources, infrastructure, the environment,
human, animal, and plant health, natural resources, cultural identity and
resources, and military readiness, from ecological, social, and economic
perspectives;
(c) advance national incident response, data collection, and rapid reporting
capacities that build on existing frameworks and programs and strengthen
early detection of and rapid response to invasive species, including those
that are vectors, reservoirs, or causative agents of disease;
(d) publish an assessment by 2020 that identifies the most pressing sci-
entific, technical, and programmatic coordination challenges to the Federal
Government’s capacity to prevent the introduction of invasive species, and
that incorporate recommendations and priority actions to overcome these
challenges into the National Invasive Species Council Management Plan,
as appropriate;
(e) support and encourage the development of new technologies and prac-
tices, and promote the use of existing technologies and practices, to prevent,
eradicate, and control invasive species, including those that are vectors,
reservoirs, and causative agents of disease;
(f) convene annually to discuss and coordinate interagency priorities and
report annually on activities and budget requirements for programs that
contribute directly to the implementation of this order; and
(g) publish a National Invasive Species Council Management Plan as set
forth in section 5 of this order.’’
Sec. 7. National Invasive Species Council Management Plan. Section 5 of
Executive Order 13112 is amended to read as follows:
‘‘Sec. 5. National Invasive Species Council Management Plan. (a) By De-
cember 31, 2019, the Council shall publish a National Invasive Species
Council Management Plan (Management Plan), which shall, among other
priorities identified by the Council, include actions to further the implemen-
tation of the duties of the National Invasive Species Council.
(b) The Management Plan shall recommend strategies to:
(1) provide institutional leadership and priority setting;
(2) achieve effective interagency coordination and cost-efficiency;
(3) raise awareness and motivate action, including through the promotion
of appropriate transparency, community-level consultation, and stakeholder
outreach concerning the benefits and risks to human, animal, or plant
health when controlling or eradicating an invasive species;
(4) remove institutional and policy barriers;
(5) assess and strengthen capacities; and
(6) foster scientific, technical, and programmatic innovation.
(c) The Council shall evaluate the effectiveness of the Management Plan
implementation and update the Plan every 3 years. The Council shall provide
an annual report of its achievements to the public.
(d) Council members may complement the Management Plan with invasive
species policies and plans specific to their respective agency’s roles, respon-
sibilities, and authorities.’’
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Sec. 8. Actions of the Department of State and Department of Defense.
Section 6(d) of Executive Order 13112 is amended to read as follows:
‘‘(d) The duties of section 3(a)(2) and section 3(a)(3) of this order shall
not apply to any action of the Department of State if the Secretary of
State finds that exemption from such requirements is necessary for foreign
policy, readiness, or national security reasons. The duties of section 3(a)(2)
and section 3(a)(3) of this order shall not apply to any action of the Depart-
ment of Defense if the Secretary of Defense finds that exemption from
such requirements is necessary for foreign policy, readiness, or national
security reasons.’’
Sec. 9. Obligations of the Department of Health and Human Services.
A new section 6(e) of Executive Order 13112 is added to read as follows:
‘‘(e) The requirements of this order do not affect the obligations of the
Department of Health and Human Services under the Public Health Service
Act or the Federal Food, Drug, and Cosmetic Act.’’
Sec. 10. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(1) the authority granted by law to an executive department or agency,
or the head thereof; or
(2) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
December 5, 2016.
[FR Doc. 2016–29519
Filed 12–7–16; 8:45 am]
Billing code 3295–F7–P
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| Safeguarding the Nation From the Impacts of Invasive Species | 2016-12-05T00:00:00 | 2c4e3acea5b85f17c02762bc1b88845f21d3781ea0e7ab12ef1ecb1c6bfe139f |
Presidential Executive Order | 2017-09083 (13794) | Presidential Documents
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Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Presidential Documents
Executive Order 13794 of April 28, 2017
Establishment of the American Technology Council
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to promote the
secure, efficient, and economical use of information technology to achieve
its missions. Americans deserve better digital services from their Government.
To effectuate this policy, the Federal Government must transform and mod-
ernize its information technology and how it uses and delivers digital serv-
ices.
Sec. 2. Purpose. To promote the policy set forth in section 1 of this order,
this order establishes the American Technology Council (ATC).
Sec. 3. ATC Establishment and Membership. The ATC is hereby established,
with the following members:
(a) The President, who shall serve as Chairman;
(b) The Vice President;
(c) The Secretary of Defense;
(d) The Secretary of Commerce;
(e) The Secretary of Homeland Security;
(f) The Director of National Intelligence;
(g) The Director of the Office of Management and Budget (OMB);
(h) The Director of the Office of Science and Technology Policy;
(i) The U.S. Chief Technology Officer;
(j) The Administrator of General Services;
(k) The Senior Advisor to the President;
(l) The Assistant to the President for Intragovernmental and Technology
Initiatives;
(m) The Assistant to the President for Strategic Initiatives;
(n) The Assistant to the President for National Security Affairs;
(o) The Assistant to the President for Homeland Security and Counterter-
rorism;
(p) The Administrator of the U.S. Digital Service;
(q) The Administrator of the Office of Electronic Government (Federal
Chief Information Officer);
(r) The Commissioner of the Technology Transformation Service; and
(s) The Director of the American Technology Council (Director).
Sec. 4. Additional Invitees. The Director may invite the heads of agencies
with key service delivery programs to attend meetings of the ATC on a
rotating basis and may also invite the heads of those service delivery pro-
grams to attend. The President, or upon his direction, the Director, may
also invite other officials of executive departments, agencies, and offices
to attend meetings of the ATC from time to time.
Sec. 5. ATC Meetings. The President, or upon his direction, the Director,
may convene meetings of the ATC. The President shall preside over the
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meetings. In the President’s absence the Vice President shall preside, and
in the Vice President’s absence the Director shall preside.
Sec. 6. ATC Functions. (a) The principal functions of the ATC shall be
to:
(i) coordinate the vision, strategy, and direction for the Federal Govern-
ment’s use of information technology and the delivery of services through
information technology;
(ii) coordinate advice to the President related to policy decisions and
processes regarding the Federal Government’s use of information tech-
nology and the delivery of services through information technology; and
(iii) work to ensure that these decisions and processes are consistent
with the policy set forth in section 1 of this order and that the policy
is being effectively implemented.
(b) The functions of the ATC, as specified in subsection (a) of this section,
shall not extend to any national security system, as defined in section
3552(b)(6) of title 44, United States Code.
(c) Nothing in this section shall be construed to impair or otherwise
affect the authority of any agency or of OMB, including the authority of
OMB to monitor implementation of Administration policies and programs
and to develop and implement management policies for all agencies.
Sec. 7. ATC Administration. (a) The ATC may function through ad hoc
committees, task forces, or interagency groups, each to be chaired by the
Director or such official as the Director may, from time to time, designate.
Such groups shall include a senior interagency forum for considering policy
issues related to information technology, and a deputies committee to review
and monitor the work of the ATC interagency forum and to ensure that
issues brought before the ATC have been properly analyzed and prepared
for decision.
(b) The ATC shall have a Director, who shall be an employee of the
Executive Office of the President designated by the President.
(c) All agencies are encouraged to cooperate with the ATC and to provide
such assistance, information, and advice to the ATC as the ATC may request,
to the extent permitted by law.
(d) Consistent with the protection of sources and methods, the Director
of National Intelligence is encouraged to provide access to classified informa-
tion on cybersecurity threats, vulnerabilities, and mitigation procedures to
the ATC in order to facilitate the ATC’s activities.
Sec. 8. Termination. This order, and the ATC established hereunder, shall
terminate on January 20, 2021.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof;
(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals; or
(iii) the provisions of the Presidential Memorandum of March 19, 2015,
entitled ‘‘Establishing the Director of White House Information Technology
and the Executive Committee for Presidential Information Technology.’’
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
April 28, 2017.
[FR Doc. 2017–09083
Filed 5–2–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2016-29165 (13749) | Presidential Documents
87391
Federal Register
Vol. 81, No. 232
Friday, December 2, 2016
Title 3—
The President
Executive Order 13749 of November 29, 2016
Providing for the Appointment in the Competitive Service of
Certain Employees of the Foreign Service
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 3301 and 3302
of title 5, United States Code, and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Policy. The Federal Government benefits from a workforce that
can be recruited from the broadest and deepest pools of qualified candidates
for our highly competitive, merit-based positions. The recruitment and reten-
tion of workforce participants who serve in the Foreign Service of the
Department of State under a Limited Non-Career Appointment under section
309 of the Foreign Service Act of 1980, Public Law 96–465 (22 U.S.C.
3949), as amended, are critical to our ability to meet consular staffing levels
(now in substantial deficit) and thereby enhance our capacity to meet high
national security standards and efficiently process visas in accordance with
our policy of ‘‘open doors, safe borders.’’ Program participants undergo
a rigorous merit-based evaluation process, which includes a written test
and an oral assessment and to which a veteran preference applies, and
develop advanced- to superior-level skills in languages and in cultural com-
petence in particular regions, skills that are essential for mission-critical
positions throughout the entire Federal workforce.
Executive Order 13597 of January 19, 2012, sought to ensure that 80 percent
of nonimmigrant visa applicants be interviewed within three weeks of receiv-
ing an application. The Department of State’s ability to maintain this 80
percent benchmark will come under increasing pressure in the future given
current and projected staffing shortfalls through 2023. These staffing gaps
could adversely affect the Department of State’s ability to sustain border
security and immigration control at peak efficiency and effectiveness, which
will have effects on tourism, job creation, and U.S. economic growth. Use
of the Limited Non-Career Appointment hiring authority will provide flexi-
bility to address, for the foreseeable future, both this increased demand
and recurring institutional and national needs across the Federal Government.
Accordingly, pursuant to my authority under 5 U.S.C. 3302(1), and in order
to achieve a workforce that represents all segments of society as provided
in 5 U.S.C. 2301(b)(1), I find that conditions of good administration make
necessary an exception to the competitive hiring rules for certain positions
in the Federal civil service.
Sec. 2. The head of any agency in the executive branch may appoint in
the competitive service an individual who served for at least 48 months
of continuous service in the Foreign Service of the Department of State
under a Limited Non-Career Appointment under section 309 of the Foreign
Service Act of 1980, and who passes such examination as the Office of
Personnel Management (OPM) may prescribe.
Sec. 3. In order to be eligible for noncompetitive appointment to positions
under section 2 of this order, such an individual must:
(a) have received a satisfactory or better performance rating (or equivalent)
for service under the qualifying Limited Non-Career Appointment; and
(b) exercise the eligibility for noncompetitive appointment within a period
of 1 year after completion of the qualifying Limited Non-Career Appointment.
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Such period may be extended to not more than 3 years in the case of
persons who, following such service, are engaged in military service, in
the pursuit of studies at an institution of higher learning, or in other activities
that, in the view of the appointing authority, warrant an extension of such
period. Such period may also be extended to permit the adjudication of
a background investigation.
Sec. 4. A person appointed under section 2 of this order shall become
a career conditional employee.
Sec. 5. Any law, Executive Order, or regulation that would disqualify an
applicant for appointment in the competitive service shall also disqualify
a person for appointment under section 2 of this order. Examples of disquali-
fying criteria include restrictions on employing persons who are not U.S.
citizens or nationals, who have violated the anti-nepotism provisions of
the Civil Service Reform Act, 5 U.S.C. 2302(b)(7), 3110, who have knowingly
and willfully failed to register for Selective Service when required to do
so, 5 U.S.C. 3328(a)(2), who do not meet occupational qualifying standards
prescribed by OPM, or who do not meet suitability factors prescribed by
OPM.
Sec. 6. The Office of Personnel Management is authorized to issue such
additional regulations as may be necessary to implement this order. Any
individual who meets the terms of this order, however, is eligible for non-
competitive eligibility with or without additional regulations.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof, or the status of that department or agency within the
Federal Government; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
November 29, 2016.
[FR Doc. 2016–29165
Filed 12–1–16; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2016-28203 (13748) | Presidential Documents
83619
Federal Register
Vol. 81, No. 224
Monday, November 21, 2016
Title 3—
The President
Executive Order 13748 of November 16, 2016
Establishing a Community Solutions Council
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Place is a strong determinant of opportunity and well-
being. Research shows that the neighborhood in which a child grows up
impacts his or her odds of going to college, enjoying good health, and
obtaining a lifetime of economic opportunities. Even after 73 consecutive
months of total job growth since 2009, communities of persistent poverty
remain and for far too many, the odds are stacked against opportunity
and achieving the American dream. In addition, between now and 2050,
growing our economy, expected population growth, climate change, and
demographic shifts will require major new investments in physical, social,
and technological infrastructure.
Specific challenges in communities—including crime, access to care, opportu-
nities to pursue quality education, lack of housing options, unemployment,
and deteriorating infrastructure—can be met by leveraging Federal assistance
and resources. While the Federal Government provides rural, suburban,
urban, and tribal communities with significant investments in aid annually,
coordinating these investments, as appropriate, across agencies based on
locally led visions can more effectively reach communities of greatest need
to maximize impact. In recent years, the Federal Government has deepened
its engagement with communities, recognizing the critical role of these part-
nerships in enabling Americans to live healthier and more prosperous lives.
Since 2015, the Community Solutions Task Force, comprising executive
departments, offices, and agencies (agencies) across the Federal Government,
has served as the primary interagency coordinator of agency work to engage
with communities to deliver improved outcomes. This order builds on recent
work to facilitate inter-agency and community-level collaboration to meet
the unique needs of communities in a way that reflects these communities’
local assets, economies, geography, size, history, strengths, talent networks,
and visions for the future.
Sec. 2. Principles. Our effort to modernize the Federal Government’s work
with communities is rooted in the following principles:
(a) A community-driven, locally led vision and long-term plan for clear
outcomes should guide individual projects.
(b) The Federal Government should coordinate its efforts at the Federal,
regional, State, local, tribal, and community level, and with cross-sector
partners, to offer a more seamless process for communities to access needed
support and ensure equitable investments.
(c) The Federal Government should help communities identify, develop,
and share local solutions, rely on data to determine what does and does
not work, and harness technology and modern collaboration and engagement
methods to help share these solutions and help communities meet their
local goals.
Sec. 3. Community Solutions Council.
(a) Establishment. There is hereby established a Council for Community
Solutions (Council), led by two Co-Chairs. One Co-Chair will be an Assistant
to the President or the Director of the Office of Management and Budget,
as designated by the President. The second Co-Chair will be rotated every
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4 years and designated by the President from among the heads of the
Departments of Justice, Agriculture, Commerce, Labor, Health and Human
Services, Housing and Urban Development, Transportation, and Education,
and the Environmental Protection Agency (Agency Co-Chair).
(b) Membership. The Council shall consist of the following members:
(i) the Secretary of State;
(ii) the Secretary of the Treasury;
(iii) the Secretary of Defense;
(iv) the Attorney General;
(v) the Secretary of the Interior;
(vi) the Secretary of Agriculture;
(vii) the Secretary of Commerce;
(viii) the Secretary of Labor;
(ix) the Secretary of Health and Human Services;
(x) the Secretary of Housing and Urban Development;
(xi) the Secretary of Transportation;
(xii) the Secretary of Energy;
(xiii) the Secretary of Education;
(xiv) the Secretary of Veterans Affairs;
(xv) the Secretary of Homeland Security;
(xvi) the Administrator of the Environmental Protection Agency;
(xvii) the Administrator of General Services;
(xviii) the Administrator of the Small Business Administration;
(xix) the Chief Executive Officer of the Corporation for National and
Community Service;
(xx) the Chairperson of the National Endowment for the Arts;
(xxi) the Director of the Institute for Museum and Library Services;
(xxii) the Federal Co-Chair of the Delta Regional Authority;
(xxiii) the Federal Co-Chair of the Appalachian Regional Commission;
(xxiv) the Director of the Office of Personnel Management;
(xxv) the Director of the Office of Management and Budget;
(xxvi) the Chair of the Council of Economic Advisers;
(xxvii) the Assistant to the President for Intergovernmental Affairs and
Public Engagement;
(xxviii) the Assistant to the President and Cabinet Secretary;
(xxix) the Assistant to the President for Economic Policy and Director
of the National Economic Council;
(xxx) the Chair of the Council on Environmental Quality;
(xxxi) the Director of the Office of Science and Technology Policy;
(xxxii) the Assistant to the President and Chief Technology Officer;
(xxxiii) the Administrator of the United States Digital Service; and
(xxxiv) other officials, as the Co-Chairs may designate or invite to partici-
pate.
(c) Administration.
(i) The President will designate one of the Co-Chairs to appoint or des-
ignate, as appropriate, an Executive Director, who shall coordinate the
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Council’s activities. The department, agency, or component within the
Executive Office of the President in which the Executive Director is ap-
pointed or designated, as appropriate, (funding entity) shall provide fund-
ing and administrative support for the Council to the extent permitted
by law and within existing appropriations as may be necessary for the
performance of its functions.
(ii) To the extent permitted by law, including the Economy Act, and
within existing appropriations, participating agencies may detail staff to
the funding entity to support the Council’s coordination and implementa-
tion efforts.
(iii) The Co-Chairs shall convene regular 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 mem-
bers or their designees, as appropriate.
(iv) A member of the Council may designate a senior-level official who
is part of the member’s department, agency, or office to perform the
Council functions of the member.
Sec. 4. Mission and Priorities of the Council. (a) The Council shall foster
collaboration across agencies, policy councils, and offices to coordinate ac-
tions, identify working solutions to share broadly, and develop and imple-
ment policy recommendations that put the community-driven, locally led
vision at the center of policymaking. The Council shall:
(i) Work across agencies to coordinate investments in initiatives and prac-
tices that align the work of the Federal Government to have the greatest
impact on the lives of individuals and communities.
(ii) Use evidence-based practices in policymaking, including identifying
existing solutions, scaling up practices that are working, and designing
solutions with regular input of the individuals and communities to be
served.
(iii) Invest in recruiting, training, and retaining talent to further the effective
delivery of services to individuals and communities and empower them
with best-practice community engagement options, open government trans-
parency methods, equitable policy approaches, technical assistance and
capacity building tools, and data-driven practice.
(b) Consistent with the principles set forth in this order and in accordance
with applicable law, including the Federal Advisory Committee Act, the
Council should conduct outreach to representatives of nonprofit organiza-
tions, civil rights organizations, businesses, labor and professional organiza-
tions, start-up and entrepreneurial communities, State, local, and tribal gov-
ernment agencies, school districts, youth, elected officials, seniors, faith
and other community-based organizations, philanthropies, technologists,
other institutions of local importance, and other interested or affected persons
with relevant expertise in the expansion and improvement of efforts to
build local capacity, ensure equity, and address economic, social, environ-
mental, and other issues in communities or regions.
Sec. 5. Executive Orders 13560 and 13602, and Building Upon Other Efforts.
This order supersedes Executive Order 13560 of December 14, 2010 (White
House Council for Community Solutions), and Executive Order 13602 of
March 15, 2012 (Establishing a White House Council on Strong Cities, Strong
Communities), which are hereby revoked.
This Council builds on existing efforts involving Federal working groups,
task forces, memoranda of agreement, and initiatives, including the Commu-
nity Solutions Task Force, the Federal Working Groups dedicated to sup-
porting the needs and priorities of local leadership in Detroit, Baltimore,
and Pine Ridge; the Interagency Working Group on Environmental Justice;
the Partnership for Sustainable Communities; Local Foods, Local Places;
Performance Partnership Pilots for Disconnected Youth; Empowerment
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Zones; StrikeForce; Partnerships for Opportunity and Workforce and Eco-
nomic Revitalization; the Neighborhood Revitalization Initiative; Climate Ac-
tion Champions; Better Communities Alliance; Investing in Manufacturing
Communities Partnership; Promise Zones; and the 2016 Memorandum of
Agreement on Interagency Technical Assistance. The Council shall also co-
ordinate with existing Chief Officer Councils across the government with
oversight responsibility for human capital, performance improvement, and
financial assistance.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof, or the status of that department or agency within the
Federal Government; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
November 16, 2016.
[FR Doc. 2016–28203
Filed 11–18–16; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2016-29169 (13750) | Presidential Documents
87393
Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Presidential Documents
Executive Order 13750 of November 29, 2016
Providing for the Appointment of Alumni of the Fulbright
U.S. Student Program, the Benjamin A. Gilman International
Scholarship Program, and the Critical Language Scholarship
Program to the Competitive Service
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 3301 and 3302
of title 5, United States Code, and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Policy. The Federal Government benefits from a workforce that
can be recruited from the broadest and deepest pools of qualified candidates
for our highly competitive, merit-based positions. The issuance of an order
granting Non-Competitive Eligibility (NCE) to certain alumni of the Fulbright
U.S. Student Program, the Benjamin A. Gilman International Scholarship
Program, and the Critical Language Scholarship (CLS) Program, all of which
are academic exchange programs carried out under the authorities of the
Mutual Educational and Cultural Exchange Act of 1961, Public Law 87–
256, as amended, also known as the Fulbright-Hays Act, and the International
Academic Opportunity Act of 2000, title III of Public Law 106–309, would
be in the best interest of the Federal Government. Participants in these
programs develop advanced- to superior-level skills in languages and cultural
competence in regions that are strategically, diplomatically, and economically
important to the United States. It is in the interest of the Federal Government
to retain the services of these highly skilled individuals, particularly given
that the Federal Government aided them in the acquisition of their skills.
Participants in the Fulbright, Gilman, and CLS programs are drawn from
highly competitive, merit-based national selection processes to which a vet-
erans’ preference applies to ensure that the most qualified individuals are
selected.
Accordingly, pursuant to my authority under 5 U.S.C. 3302(1), and in order
to achieve a workforce that is drawn from all segments of society as provided
in 5 U.S.C. 2301(b)(1), I find that conditions of good administration make
necessary an exception to the competitive hiring rules for certain positions
in the Federal civil service.
Sec. 2. Establishment. The head of any agency in the executive branch
may appoint in the competitive service any person who is certified by
the Secretary of State or designee as having participated successfully in
the Fulbright, Gilman, or CLS international exchange programs, and who
passes such examination as the Office of Personnel Management (OPM)
may prescribe.
Sec. 3. The Secretary of State or designee shall issue certificates, upon
request, to persons whom the Department of State determines have completed
the requirements of a program described in section 1 of this order.
Sec. 4. Any appointment under this order shall be effected within a period
of 1 year after completion of the appointee’s participation in the programs
described in section 1. Such period may be extended to not more than
3 years for persons who, following participation in the programs described
in section 1, are engaged in military service, in the pursuit of studies
at an institution of higher learning, or in other activities which, in the
view of the appointing authority, warrant an extension of such period.
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Such period may also be extended to permit the adjudication of a background
investigation.
Sec. 5. A person appointed under section 2 of this order becomes a career
conditional employee.
Sec. 6. Any law, Executive Order, or regulation that would disqualify an
applicant for appointment in the competitive service shall also disqualify
an applicant for appointment under this order. Examples of disqualifying
criteria include restrictions on employing persons who are not U.S. citizens
or nationals, who have violated the anti-nepotism provisions of the Civil
Service Reform Act, 5 U.S.C. 2302(b)(7), 3110, who have knowingly and
willfully failed to register for Selective Service when required to do so,
5 U.S.C. 3328(a)(2), who do not meet occupational qualifying standards
prescribed by OPM, or who do not meet suitability factors prescribed by
OPM.
Sec. 7. The Office of Personnel Management is authorized to issue such
additional regulations as may be necessary to implement this order. Any
individual who meets the terms of this order, however, is eligible for non-
competitive hiring with or without additional regulations.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof, or the status of that department or agency within the
Federal Government; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
November 29, 2016.
[FR Doc. 2016–29169
Filed 12–1–16; 11:15 am]
Billing code 3295–F7–P
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| Providing for the Appointment of Alumni of the Fulbright U.S. Student Program, the Benjamin A. Gilman International Scholarship Program, and the Critical Language Scholarship Program to the Competitive Service | 2016-11-29T00:00:00 | f70cde6f1384eb34b434cae5451b13aec340283e92acc5a82ed288cb1aa2afdb |
Presidential Executive Order | 2016-27171 (13747) | Presidential Documents
78701
Federal Register
Vol. 81, No. 217
Wednesday, November 9, 2016
Title 3—
The President
Executive Order 13747 of November 4, 2016
Advancing the Global Health Security Agenda To Achieve a
World Safe and Secure From Infectious Disease Threats
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. As articulated in the National Strategy for Countering
Biological Threats and implemented in Presidential Policy Directive 2 (PPD–
2), promoting global health security is a core tenet of our national strategy
for countering biological threats. No single nation can be prepared if other
nations remain unprepared to counter biological threats; therefore, it is the
policy of the United States to advance the Global Health Security Agenda
(GHSA), which is a multi-faceted, multi-country initiative intended to accel-
erate partner countries’ measurable capabilities to achieve specific targets
to prevent, detect, and respond to infectious disease threats (GHSA targets),
whether naturally occurring, deliberate, or accidental. The roles, responsibil-
ities, and activities described in this order will support the goals of the
International Health Regulations (IHR) and will be conducted, as appropriate,
in coordination with the World Health Organization (WHO), Food and Agri-
culture Organization of the United Nations (FAO), World Organisation for
Animal Health (OIE), Global Partnership Against the Spread of Weapons
and Materials of Mass Destruction, the International Criminal Police Organi-
zation (INTERPOL), and other relevant organizations and stakeholders. To
advance the achievement of the GHSA targets and to support the implementa-
tion of the IHR within partner countries, each executive department, agency,
and office (agency) shall, as appropriate, partner, consult, and coordinate
with other governments, international financial institutions, international
organizations, regional organizations, economic communities, and nongovern-
mental stakeholders, including the private sector.
Sec. 2. GHSA Interagency Review Council.
(a) GHSA Coordination and Policy Development. In furtherance of the
policy described in section 1 of this order, I hereby direct the National
Security Council staff, in accordance with the procedures and requirements
in Presidential Policy Directive 1 (or any successor directive), to convene
a GHSA Interagency Review Council (Council) to perform the responsibilities
described in this order. The Assistant to the President for National Security
Affairs, in coordination with the Assistant to the President for Homeland
Security and Counterterrorism, shall designate a member of the National
Security Council staff to serve as Chair for the Council. The Council shall
meet not less than four times per year to advance its mission and fulfill
its responsibilities.
(b) GHSA Interagency Review Council Responsibilities.
(i) The Council shall be responsible for the following activities:
(A) Provide, by consensus, policy-level guidance to participating agencies
on GHSA goals, objectives, and implementation.
(B) Facilitate interagency, multi-sectoral engagement to carry out GHSA
implementation.
(C) Provide a forum for raising and working to resolve interagency
disagreements concerning the GHSA.
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(D) Review the progress toward and work to resolve challenges in achiev-
ing U.S. commitments under the GHSA, including commitments to assist
other countries in achieving the GHSA targets. The Council shall consider,
among other issues, the status of U.S. financial commitments to the GHSA
in the context of commitments by other donors, and the contributions
of partner countries to achieve the GHSA targets; progress toward the
milestones outlined in GHSA national plans for those countries where
the United States Government has committed to assist in implementing
the GHSA and in annual work-plans outlining agency priorities for imple-
menting the GHSA; and external evaluations of United States and partner
country capabilities to address infectious disease threats, including the
ability to achieve the targets outlined within the WHO Joint External
Evaluation (JEE) tool, as well as gaps identified by such external evalua-
tions.
(E) Provide, by consensus, within 30 days of the date of this order,
initial policy-level guidance on GHSA implementation.
(F) Develop a report on an annual basis regarding the progress achieved
and challenges concerning the United States Government’s ability to ad-
vance the GHSA across priority countries. The report shall include rec-
ommendations to resolve, mitigate, or otherwise address the challenges
identified therein. The report shall be transmitted to the President and,
to the extent possible, made publicly available.
(G) Conduct an overall review of the GHSA for submission to the Presi-
dent by September 2019. The review should include an evaluation of
the progress achieved during the 5 years of this initiative, as well as
any challenges faced. The report should also provide recommendations
on the future direction of the initiative.
(ii) The Council shall not perform any activities or functions that interfere
with the foreign affairs responsibilities of the Secretary of State, including
the responsibility to oversee the implementation of programs and policies
that advance the GHSA within foreign countries.
(c) Participation. The Council shall consist of representatives, serving at
the Assistant Secretary level or higher, from the following agencies:
(i) the Department of State;
(ii) the Department of Defense;
(iii) the Department of Justice;
(iv) the Department of Agriculture;
(v) the Department of Health and Human Services;
(vi) the Department of Homeland Security;
(vii) the Office of Management and Budget;
(viii) the United States Agency for International Development;
(ix) the Environmental Protection Agency;
(x) the Centers for Disease Control and Prevention;
(xi) the Federal Bureau of Investigation;
(xii) the Office of Science and Technology Policy; and
(xiii) such other agencies as the agencies set forth above, by consensus,
deem appropriate.
Sec. 3. Agency Roles and Responsibilities. In furtherance of the policy de-
scribed in section 1 of this order, I hereby direct agencies to perform the
following:
(a) The heads of agencies described in section 2(c) of this order shall:
(i) make the GHSA and its implementation a high priority within their
respective agencies, and include GHSA-related activities within their re-
spective agencies’ strategic planning and budget processes;
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(ii) designate a senior-level official to be responsible for the implementation
of this order;
(iii) designate, in accordance with section 2(c) of this order, an appropriate
representative at the Assistant Secretary level or higher to participate
on the Council;
(iv) keep the Council apprised of GHSA-related activities undertaken within
their respective agencies;
(v) maintain responsibility for agency-related programmatic functions in
coordination with host governments, country teams, and GHSA in-country
teams, and in conjunction with other relevant agencies;
(vi) coordinate with other agencies that are identified in this order to
satisfy programmatic goals, and further facilitate coordination of country
teams, implementers, and donors in host countries; and
(vii) coordinate across GHSA national plans and with GHSA partners
to which the United States is providing assistance.
(b) The Secretary of State shall:
(i) engage Chiefs of Mission, country teams, and regional and functional
bureaus within the Department of State to promote the GHSA with inter-
national partners and to facilitate country-level implementation of U.S.
programmatic activities;
(ii) monitor and evaluate progress toward achieving GHSA targets, deter-
mine where more work is needed, and work with agencies and international
partners to identify the partners best placed to improve performance and
to achieve the GHSA targets for countries the United States has made
a commitment to assist;
(iii) facilitate implementation and coordination of Department of State
programs to further the GHSA, as well as provide technical expertise
to measure and evaluate progress in countries the United States has made
a commitment to assist;
(iv) coordinate planning, implementation, and evaluation of GHSA activi-
ties with the U.S. Global Malaria Coordinator at the United States Agency
for International Development and the U.S. Global AIDS Coordinator at
the Department of State in countries the United States has made a commit-
ment to assist;
(v) lead diplomatic outreach, including at senior levels, in conjunction
with other relevant agencies, to build international support for the GHSA
with its members, other countries, and regional and multilateral bodies,
including the Group of 7 (G7), the Group of 20 (G20), the African Union,
the WHO, the OIE, the FAO, INTERPOL, the Global Partnership Against
the Spread of Weapons and Materials of Mass Destruction, the European
Union, the Asia-Pacific Economic Cooperation, the Association of Southeast
Asian Nations, the Economic Community of West African States, the Orga-
nization of Islamic Cooperation, development banks, and other relevant
partners;
(vi) work, in conjunction with other relevant agencies, with other donors
and nongovernmental implementers in partner countries in order to lever-
age commitments to advance the GHSA with partners; and
(vii) coordinate, in conjunction with other relevant agencies, the United
States Government relationship with foreign and domestic GHSA non-
governmental stakeholders, including the private sector, nongovernmental
organizations, and foundations, and develop, with consensus from the
Council, an annual GHSA nongovernmental outreach strategy.
(c) The Secretary of Defense shall:
(i) facilitate implementation and coordination of Department of Defense
programs to further the GHSA, as well as provide technical expertise
to measure and evaluate progress in countries the United States has made
a commitment to assist;
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(ii) work, in conjunction with interagency partners and the in-country
GHSA team, with other donors and nongovernmental implementers in
partner countries in which Department of Defense programs are active
in order to coordinate and leverage commitments to advance the GHSA
with partners; and
(iii) coordinate and communicate, in conjunction with other relevant agen-
cies, with defense ministries with regard to the GHSA, including at the
GHSA Ministerial and Steering Group.
(d) The Attorney General, generally acting through the Director of the
Federal Bureau of Investigation (FBI), shall:
(i) serve, in conjunction with other relevant agencies, as the United States
Government lead for GHSA targets relating to linking public health and
law enforcement, and coordinate with INTERPOL on the GHSA and its
successful implementation;
(ii) facilitate implementation and coordination of FBI programs to further
the GHSA, as well as provide technical expertise to measure and evaluate
progress in countries the United States has made a commitment to assist;
and
(iii) work, in conjunction with interagency partners and the in-country
GHSA team, with other donors and nongovernmental implementers in
partner countries in which FBI programs are active in order to coordinate
and leverage commitments to advance the GHSA with partners.
(e) The Secretary of Agriculture shall:
(i) represent, in conjunction with other relevant agencies, the United States
in coordination and communication with the FAO and OIE with regard
to the GHSA;
(ii) facilitate implementation and coordination of Department of Agriculture
programs to further the GHSA, as well as provide technical expertise
to measure and evaluate progress in countries the United States has made
a commitment to assist; and
(iii) work, in conjunction with interagency partners and the in-country
GHSA team, with other donors, contributing international organizations,
and nongovernmental implementers in partner countries in which Depart-
ment of Agriculture programs are active in order to coordinate and leverage
commitments to advance the GHSA with partners.
(f) The Secretary of Health and Human Services shall:
(i) represent, in conjunction with other relevant agencies, the United States
at GHSA Ministerial and Steering Group meetings and in working with
G7 and G20 Health Ministers on the GHSA, and coordinate United States
Government support for those activities;
(ii) provide overall leadership and coordination for the GHSA Action
Packages (Action Packages), which consist of country commitments to
advance and share best practices toward specific GHSA targets, including
serving as the primary point of contact for the Action Packages, providing
support to Action Package leaders, and tracking overall progress on the
Action Packages;
(iii) coordinate United States Government support for and participation
in external evaluations, including the WHO JEE tool and the Alliance
for Country Assessments for Global Health Security and IHR Implementa-
tion;
(iv) represent, in conjunction with other relevant agencies, the United
States in coordination and communication with the WHO regarding the
GHSA;
(v) facilitate, no less than every 4 years, the request for an external assess-
ment, such as the process outlined within the WHO JEE tool, of United
States Government domestic efforts to implement the IHR and the GHSA
and work to publish the assessment to the general public; and
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(vi) consolidate and publish to the general public an external assessment
of United States domestic capability to address infectious disease threats
and implement the IHR, including the ability to achieve the targets outlined
within the WHO JEE tool and including the gaps identified by such
external assessment.
(g) The Secretary of Homeland Security shall:
(i) assess the impacts of global health threats on homeland security oper-
ations; and
(ii) lead, in conjunction with the Secretary of Health and Human Services,
the Secretary of State, and the Secretary of Agriculture, United States
Government GHSA activities related to global health threats at U.S. borders
and ports of entry.
(h) The Administrator for the United States Agency for International Devel-
opment shall:
(i) facilitate implementation and coordination of United States Agency
for International Development programs to further the GHSA, as well
as provide technical expertise to measure and evaluate progress in countries
the United States has made a commitment to assist;
(ii) provide, in conjunction with other agencies, strategic technical guidance
for achieving GHSA targets; and
(iii) work, in conjunction with interagency partners and the in-country
GHSA teams, with other donors and nongovernmental GHSA implementers
in partner countries in which United States Agency for International Devel-
opment programs are active in order to coordinate and leverage commit-
ments to advance the GHSA with partners.
(i) The Director of the U.S. Centers for Disease Control and Prevention,
in coordination with the Secretary of Health and Human Services, shall:
(i) facilitate implementation and coordination of U.S. Centers for Disease
Control and Prevention programs to further the GHSA, as well as provide
technical expertise to measure and evaluate progress in countries the
United States has made a commitment to assist;
(ii) provide, in conjunction with other agencies, strategic technical guidance
for achieving GHSA targets;
(iii) provide, in coordination with the Department of Health and Human
Services, strategic technical support for and participate in external assess-
ments, including the WHO JEE tool, and the Alliance for Country Assess-
ments for Global Health Security and IHR implementation; and
(iv) work, in conjunction with interagency partners and the in-country
GHSA team, with other donors and nongovernmental implementers in
partner countries in which the U.S. Centers for Disease Control and Preven-
tion programs are active in order to coordinate and leverage commitments
to advance the GHSA with partners.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair, or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof;
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals; or
(iii) the coordination or implementation of emergency response operations
during a health emergency.
(b) This order shall be implemented consistent with applicable law, and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
November 4, 2016.
[FR Doc. 2016–27171
Filed 11–8–16; 8:45 am]
Billing code 3295–F7–P
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| Advancing the Global Health Security Agenda To Achieve a World Safe and Secure From Infectious Disease Threats | 2016-11-04T00:00:00 | 89aab4b60458d86cbf5faeaeba333bb2ede93254f28d5442810abc24bede8d31 |
Presidential Executive Order | 2016-27156 (13746) | Presidential Documents
78697
Federal Register
Vol. 81, No. 216
Tuesday, November 8, 2016
Title 3—
The President
Executive Order 13746 of November 3, 2016
Advancing the Goals of the Power Africa Initiative to Ex-
pand Access to Electricity in Sub-Saharan Africa Through
the Establishment of the President’s Power Africa Working
Group
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 partner, consult,
and coordinate with African governments, bilateral and multilateral partners,
the private sector, and civil society to expand access to electricity and
increase electricity generation in Sub-Saharan Africa, in both urban and
rural areas. Through the Power Africa initiative (Power Africa), we aim
to double access to power in Sub-Saharan Africa by adding 30,000 megawatts
(MW) of capacity and 60 million new household and business connections
by 2030, and in so doing, leapfrog to cleaner forms of energy and foster
inclusive economic growth and opportunity across Sub-Saharan Africa.
On June 30, 2013, my Administration launched Power Africa, a new initiative
to double access to power in Sub-Saharan Africa, where more than two-
thirds of the population is without electricity, and more than 85 percent
of those living in rural areas lack access to electricity. In its initial phase,
Power Africa aimed to add more than 10,000 MW of cleaner, more efficient
electricity generation capacity and to increase electricity access by at least
20 million new households and commercial entities with on-grid, mini-
grid, and off-grid solutions. Power Africa builds on Africa’s enormous power
potential, including extensive clean geothermal, hydro, wind and solar energy
resources, as well as vast oil and gas reserves. Power Africa works with
countries to develop resources responsibly, build out power generation, trans-
mission, and distribution, and expand the reach of mini-grid and off-grid
solutions. Power Africa brings to bear a wide range of tools from across
the Federal Government and more than 130 public and private sector partners
to support investment in Africa’s energy sector. Power Africa provides coordi-
nated support to help African partners expand their power networks and
access to electricity, including through policy and regulatory best practices,
institutional capacity building, pre-feasibility support, grants, long-term fi-
nancing, insurance, guarantees, credit enhancements, and technical assist-
ance.
On August 5, 2014, during the U.S.-Africa Leaders Summit, my Administra-
tion affirmed that Power Africa is intended to reach across Sub-Saharan
Africa, and tripled Power Africa’s goals. Power Africa is now working toward
adding 30,000 MW of new, cleaner electricity generation capacity and increas-
ing electricity access by at least 60 million new connections. On January
28, 2016, my Administration, in coordination with Power Africa partners,
launched the Power Africa Roadmap, which lays out a concrete plan for
Power Africa to meet its ambitious goals by 2030.
The Electrify Africa Act of 2015, enacted on February 8, 2016 (Public Law
114–121) (the ‘‘Act’’), calls for the development of a strategy to add at
least 20,000 MW of electrical power and promote first-time access to power
and power services for at least 50 million people in Sub-Saharan Africa
by 2020 in both urban and rural areas—an effort that directly supports
and complements Power Africa’s goals. This order furthers the purposes
of the Act and the work that Power Africa has been undertaking.
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Sec. 2. Establishment of the Coordinator for Power Africa. The United States
Agency for International Development (USAID) shall serve as the lead agency
to facilitate the implementation of Power Africa and associated activities
across the United States Government. The Administrator of USAID shall
establish the position of Coordinator for Power Africa within USAID.
Sec. 3. Power Africa Working Group. (a) There is hereby established the
Power Africa Working Group (Working Group), co-chaired by the Coordinator
for Power Africa within USAID and a member of the National Security
Council (NSC) staff to be designated by the Assistant to the President for
National Security Affairs. The Working Group shall serve as the multi-
agency coordinating and advisory body for the Federal Government’s efforts
to identify, evaluate, prioritize, and deliver assistance to energy projects
across Sub-Saharan Africa in order to advance the energy access and elec-
tricity generation goals of Power Africa and promote policy cohesion across
the Federal Government. Through the Working Group, participating depart-
ments and agencies shall provide advice and promote coherence of United
States Government positions on and assistance for priority energy projects
and policy reforms in support of Power Africa.
(b) The Working Group shall consist of representatives of the following
executive branch departments and agencies (Participating Agencies):
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Agriculture;
(iv) the Department of Commerce;
(v) the Department of Energy;
(vi) the Export-Import Bank of the United States;
(vii) the United States Agency for International Development;
(viii) the Overseas Private Investment Corporation;
(ix) the United States Trade and Development Agency;
(x) the Millennium Challenge Corporation;
(xi) the United States Army Corps of Engineers;
(xii) the Office of Management and Budget; and
(xiii) such other agencies as the Co-Chairs may designate or invite to
participate, including the United States African Development Foundation.
(c) The Working Group may consult with non-United States Government
entities that participate in Power Africa as bilateral, multilateral, private
sector partners and nongovernmental organizations to provide input and
advice to the United States Government, as appropriate, regarding the imple-
mentation of Power Africa.
(d) The Working Group may establish sub-groups consisting exclusively
of Working Group members or their designees, as appropriate, such as one
for each of the three pillars of the Power Africa Roadmap: (1) megawatts,
(2) connections, and (3) unlocking energy sector potential.
(e) The Working Group shall be supported by the Office of the Coordinator
for Power Africa within USAID.
Sec. 4. Mission and Functions of the Working Group. The Working Group,
as may be necessary and appropriate to carry out this order, shall:
(a) Ensure efficient and effective coordination of energy access activities
in Sub-Saharan Africa among Participating Agencies.
(b) Identify, prioritize, and evaluate potential Power Africa projects, regu-
latory and policy reforms, and programmatic focus areas, including maxi-
mizing deployment of and access to renewable energy.
(c) Identify country and project specific obstacles to the development
of the electricity sector, including financial and technical assistance needs
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and capacity building needs, and identify opportunities for Participating
Agencies to deploy their respective tools and best practices to advance
needed reforms and accelerate the completion of Power Africa projects.
(d) Enhance coordination among Participating Agencies to maximize the
efficiency and effectiveness of United States Government development assist-
ance and other development finance tools as related to Power Africa prior-
ities.
(e) Facilitate information sharing and coordination of partnerships between
Participating Agencies and African governments, the private sector, develop-
ment partners, and bilateral and multilateral partners to help advance Power
Africa’s goals.
(f) Identify appropriate courses of action to liaise with host governments
to advance regulatory and policy reforms, as well as energy transactions,
related to Power Africa.
(g) Identify best practices for Participating Agencies to coordinate their
engagement with development partners, including bilateral donors, develop-
ment finance institutions, and multilateral development banks on energy
access issues, to ensure that Power Africa’s tools are deployed in a way
that is complementary to and leverages the impact of United States Govern-
ment resources.
(h) Meet with private sector partners, as appropriate, to review Power
Africa projects and activities, and to solicit input regarding technical, policy,
financial or political, obstacles that partners are encountering in the energy
sector across Sub-Saharan Africa.
(i) Meet with bilateral and multilateral development partners, as appro-
priate, to coordinate country-specific and regional energy access policy agen-
das, coordinate deployment of financial resources and technical expertise
to identify and accelerate Power Africa projects and activities, and review
project pipelines.
(j) Monitor and periodically evaluate Power Africa projects and activities
to measure the effectiveness of United States Government assistance and
other development finance tools in achieving Power Africa’s electricity gen-
eration and access goals, and to share lessons learned. These evaluations
may recommend reforms to facilitate support for future projects and activities,
and to increase the Working Group’s effectiveness.
Sec. 5. Partnering with African Private Sector Companies. I hereby direct
Participating Agencies to facilitate as appropriate, to the maximum extent
possible under the law, the participation of local and regional companies
in power, renewable energy, and climate change projects in low-income
countries in Africa, including through the use of financing and risk insurance,
where appropriate.
Sec. 6. Reporting. The Administrator of USAID, in coordination with the
Participating Agencies, shall lead in the development of a report, to be
transmitted to the Congress pursuant to section 7 of the Act and the Presi-
dential Memorandum of August 3, 2016, ‘‘Delegation of Authority Pursuant
to Section 4 and Section 7 of the Electrify Africa Act of 2015,’’ on progress
made toward achieving the comprehensive, integrated, multiyear strategy
that was transmitted to the Congress on August 6, 2016, pursuant to section
4 of the Act, to encourage the efforts of countries in Sub-Saharan Africa
to implement national power strategies and develop an appropriate mix
of power solutions to provide access to sufficient, reliable, affordable, and
sustainable power in order to reduce poverty and drive economic growth
and job creation.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof, or the status of that department or agency within the
Federal Government; or
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(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
November 3, 2016.
[FR Doc. 2016–27156
Filed 11–7–16; 11:15 am]
Billing code 3295–F7–P
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| Advancing the Goals of the Power Africa Initiative to Expand Access to Electricity in Sub- Saharan Africa Through the Establishment of the President's Power Africa Working Group | 2016-11-03T00:00:00 | cb6e5daffada459b2eb423ac3fc4df93274b6445e6fc332a88d2525904d48a12 |
Presidential Executive Order | 2016-25288 (13743) | Presidential Documents
71571
Title 3—
The President
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Presidential Documents
Executive Order 13743 of October 13, 2016
Charitable Fundraising
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to provide for a more
comprehensive workplace giving program, it is hereby ordered as follows:
Section 1. Executive Order 12353 of March 23, 1982, as amended, is further
amended as follows:
(a) By revising the introductory paragraph by deleting the term ‘‘voluntary
agencies’’ and inserting in its place the term ‘‘voluntary health and welfare
organizations’’; and by deleting the term ‘‘recipient agencies’’ and inserting
in its place ‘‘recipient organizations’’.
(b) By revising section 1 of that order to read as follows:
‘‘Section 1.
(a) The Director of the Office of Personnel Management shall make
arrangements for voluntary health and welfare organizations to solicit
contributions from Federal employees and members of the uniformed serv-
ices at their places of employment or duty. Federal employees and members
of the uniformed services can also be solicited to make pledges of volunteer
time. These arrangements shall take the form of an annual Combined
Federal Campaign in which eligible voluntary health and welfare organiza-
tions are authorized to take part.
(b) The Director shall consider permitting annuitants to make contribu-
tions to the Combined Federal Campaign through allotments or assignments
of amounts from their Federal annuities. The Director may prescribe rules
and regulations to govern the solicitation of such contributions and make
arrangements to inform annuitants of their ability to make contributions
in this manner.’’
(c) By revising section 2(a) by deleting the term ‘‘voluntary agencies’’
and inserting in its place the term ‘‘voluntary health and welfare organiza-
tions’’.
(d) By revising the first clause of section 2(b)(1) to delete ‘‘and of local
communities’’.
(e) By revising section 2(b)(2) by deleting the first instance of the word
‘‘agencies’’ and inserting in its place the word ‘‘organizations’’.
(f) By revising section 2(b)(3) by deleting the term ‘‘Agencies’’ and inserting
in its place the term ‘‘Organizations’’; and by deleting the term ‘‘charitable
health and welfare agencies’’ and inserting in its place the term ‘‘charitable
health and welfare organizations’’.
(g) By revising section 2(b)(5) to read as follows:
‘‘(5) Local voluntary, charitable, health and welfare organizations that
are not affiliated with a national organization or federation but that sat-
isfy the eligibility criteria set forth in this order and by the Director shall
be permitted to participate in the Combined Federal Campaign.’’
(h) By revising section 3 by deleting the term ‘‘voluntary agencies’’ and
inserting in its place the term ‘‘voluntary health and welfare organizations’’.
(i) By revising section 5 to read as follows:
‘‘Sec. 5. Subject to such rules and regulations as the Director may prescribe,
the Director may authorize:
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(a) outreach coordinators to conduct campaign promotion in a local
Combined Federal Campaign; and
(b) central campaign administrators to administer application and pledg-
ing systems and to collect and disburse pledged funds.
Such authorizations shall, if made, ensure at a minimum that outreach
coordinators and central campaign administrators operate subject to the
direction and control of the Director and such local Federal coordinating
entities as may be established; and manage the Combined Federal Campaign
fairly and equitably. The Director may consult with and consider advice
from interested parties and organizations, and shall publish reports on
the management and results of the Combined Federal Campaign.’’
(j) By revising section 6 to read as follows:
‘‘Sec. 6. The methods for the solicitation of funds shall clearly specify
the eligible organizations and provide a direct means to designate funds
to such organizations. Where allocation of undesignated funds by the
central campaign administrator is authorized by the Director, prominent
notice of the authorization for such allocation shall be provided.’’
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(d) All rules, regulations, and directives continued or issued under Execu-
tive Order 12353, as amended, shall continue in effect until revoked or
modified under the provisions of this order.
THE WHITE HOUSE,
October 13, 2016.
[FR Doc. 2016–25288
Filed 10–17–16; 8:45 am]
Billing code 3295–F7–P
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| Charitable Fundraising | 2016-10-13T00:00:00 | 3d5ebab34aa9689e92191731e12b1ddffa5316e7108f5760af062cfcbf5dc719 |
Presidential Executive Order | 2016-26753 (13745) | Presidential Documents
76493
Federal Register
Vol. 81, No. 213
Thursday, November 3, 2016
Title 3—
The President
Executive Order 13745 of October 31, 2016
Delegation of Function to the Director of the Office of Per-
sonnel Management
By virtue of the authority vested in me as President by the Constitution
and the laws of the United States, including section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. (a) The Director of the Office of Personnel Management (OPM)
is hereby authorized to exercise the function vested in the President by
section 6391 of title 5, United States Code, of directing OPM to establish
an emergency leave transfer program. The Director of OPM shall exercise
this authority in consultation with the Director of the Office of Management
and Budget.
(b) The Director of OPM shall notify the President of the establishment
of any emergency leave transfer program pursuant to the authority in sub-
section (a).
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 departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
October 31, 2016.
[FR Doc. 2016–26753
Filed 11–2–16; 8:45 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2016-24847 (13742) | Presidential Documents
70593
Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Presidential Documents
Executive Order 13742 of October 7, 2016
Termination of Emergency With Respect to the Actions and
Policies of the Government of Burma
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies
Act (50 U.S.C. 1601 et seq.) (NEA), section 570 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997 (Public
Law 104–208), the Burmese Freedom and Democracy Act of 2003 (Public
Law 108–61), the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic
Efforts) Act of 2008 (Public Law 110–286) (the ‘‘JADE Act’’), section 212(f)
of the Immigration and Nationality Act of 1952, as amended (8 U.S.C.
1182(f)) (INA), and section 301 of title 3, United States Code.
I, BARACK OBAMA, President of the United States of America, find that
the situation that gave rise to the declaration of a national emergency in
Executive Order 13047 of May 20, 1997, with respect to the actions and
policies of the Government of Burma, in particular a deepening pattern
of severe repression by the State Law and Order Restoration Council, the
then-governing regime in Burma, as modified in scope by Executive Order
13448 of October 18, 2007, and Executive Order 13619 of July 11, 2012,
has been significantly altered by Burma’s substantial advances to promote
democracy, including historic elections in November 2015 that resulted in
the former opposition party, the National League for Democracy, winning
a majority of seats in the national parliament and the formation of a democrat-
ically elected, civilian-led government; the release of many political pris-
oners; and greater enjoyment of human rights and fundamental freedoms,
including freedom of expression and freedom of association and peaceful
assembly. Accordingly, I hereby terminate the national emergency declared
in Executive Order 13047, and revoke that order, Executive Order 13310
of July 28, 2003, Executive Order 13448, Executive Order 13464 of April
30, 2008, Executive Order 13619, and Executive Order 13651 of August
6, 2013, and further order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)), termi-
nation of the national emergency declared in Executive Order 13047, as
modified in scope by Executive Order 13448, and Executive Order 13619,
shall not affect any action taken or proceeding pending not finally concluded
or determined as of the effective date of this order, any action or proceeding
based on any act committed prior to the effective date of this order, or
any rights or duties that matured or penalties that were incurred prior
to the effective date of this order.
Sec. 2. Pursuant to section 5(i) of the JADE Act, I hereby determine and
certify that it is in the national interest of the United States to waive,
and hereby waive, the sanctions described in section 5(b) of the JADE
Act.
Sec. 3. In light of the revocation of Executive Order 13310, Executive Order
13448, and Executive Order 13464, the suspension of entry as immigrants
and nonimmigrants, pursuant to Presidential Proclamation 8693 of July 24,
2011, and section 212(f) of the INA, of individuals meeting the criteria
in said orders will no longer be in effect as of the effective date of this
order. In light of the revocation of Executive Order 13619, the suspension
of entry as immigrants and nonimmigrants of individuals meeting the criteria
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in that order will no longer be in effect as of the effective date of this
order and such individuals will no longer be treated as persons covered
by Presidential Proclamation 8693.
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.
Sec. 5. This order is effective at 1:00 p.m. eastern daylight time on October
7, 2016.
THE WHITE HOUSE,
October 7, 2016.
[FR Doc. 2016–24847
Filed 10–11–16; 11:15 am]
Billing code 3295–F7–P
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| Termination of Emergency With Respect to the Actions and Policies of the Government of Burma | 2016-10-07T00:00:00 | 4a926621f648f71d34ffba622fccfae02c207547450083d8223f31111fa0b7a9 |
Presidential Executive Order | 2016-24066 (13741) | Presidential Documents
68289
Federal Register
Vol. 81, No. 192
Tuesday, October 4, 2016
Title 3—
The President
Executive Order 13741 of September 29, 2016
Amending Executive Order 13467 To Establish the Roles and
Responsibilities of the National Background Investigations
Bureau and Related Matters
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 13467 of June 30, 2008, is amended as follows:
(a) The preamble is replaced with the following: ‘‘By the authority vested
in me as President by the Constitution and the laws of the United States
of America, including 5 U.S.C. 3301 and 7103(b), and in order to strengthen
and ensure a secure, efficient, timely, reciprocal, and aligned system for
investigating and determining suitability or fitness for Government employ-
ment, contractor employee fitness, eligibility for access to classified informa-
tion or to hold a sensitive position, and authorization to be issued a Federal
credential, while taking appropriate account of title III of Public Law 108–
458, it is hereby ordered as follows:’’
(b) Section 1.1 is amended to read as follows:
‘‘Section 1.1. Policy: Executive branch policies and procedures relating to
suitability, contractor or Federal employee fitness, eligibility to hold a sen-
sitive position, authorization to be issued a Federal credential for access
to federally controlled facilities and information systems, and eligibility
for access to classified information shall be aligned using consistent standards
to the extent possible, shall provide for reciprocal recognition, and shall
ensure cost-effective, timely, and efficient protection of the national interest,
while providing fair treatment to those upon whom the Federal Government
relies to conduct the Nation’s business and protect national security. Further,
the Government’s systems and processes for conducting these background
investigations and managing sensitive investigative information must keep
pace with technological advancements, regularly integrating current best
practices, to better anticipate, detect, and counter malicious activities and
threats posed by external or internal actors who may seek to do harm
to the Government’s personnel, property, or information. To help fulfill
these responsibilities, there shall be a primary executive branch investigative
service provider whose mission is to provide effective, efficient, and secure
background investigations for the Federal Government.’’
(c) Sections 1.3(k) and (l) are redesignated as sections 1.3(l) and (m).
(d) A new section 1.3(k) is added to read as follows: ‘‘(k) ‘‘National
Background Investigations Bureau’’ (NBIB) means the National Background
Investigations Bureau, established within the Office of Personnel Management
with responsibility for conducting effective, efficient, and secure personnel
background investigations pursuant to law, rule, regulation, or Executive
Order.’’
(e) Section 2.2(b) is amended to read as follows:
‘‘(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, the Security Executive Agent, and
the Under Secretary of Defense for Intelligence of the Department of Defense.
These four officials collectively shall constitute ‘‘the Suitability and Security
Clearance Performance Accountability Council Principals.’’ The Director of
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the National Background Investigations Bureau shall also serve as a member
of the Council. The Chair shall select a Vice Chair to act in the Chair’s
absence. The Chair shall have authority to designate officials from additional
agencies who shall serve as members of the Council. Council membership
shall be limited to Federal Government employees in leadership positions.’’
(f) Section 2.4 is redesignated as section 2.5, and a new section 2.4
is added to read as follows:
‘‘Sec. 2.4. Roles and Responsibilities of the National Background Investiga-
tions Bureau and the Department of Defense.
(a) The National Background Investigations Bureau shall:
‘‘(1) serve as the primary executive branch service provider for back-
ground investigations for eligibility for access to classified information;
eligibility to hold a sensitive position; suitability or, for employees in
positions not subject to suitability, fitness for Government employment;
fitness to perform work for or on behalf of the Government as a contractor
employee; and authorization to be issued a Federal credential for logical
and physical access to federally controlled facilities and information sys-
tems;
‘‘(2) provide effective, efficient, and secure personnel background inves-
tigations for the Federal Government;
‘‘(3) provide the Council information, to the extent permitted by law,
on matters of performance, timeliness, capacity, information technology
modernization, continuous performance improvement, and other relevant
aspects of NBIB operations;
‘‘(4) be headquartered in or near Washington, District of Columbia;
‘‘(5) have dedicated resources, including but not limited to a senior
privacy official;
‘‘(6) institutionalize interagency collaboration and take advantage of ex-
pertise across the executive branch;
‘‘(7) continuously improve investigative operations, emphasizing infor-
mation accuracy and protection, and regularly integrate best practices,
including those identified by subject matter experts from industry, aca-
demia, or other relevant sources;
‘‘(8) conduct personnel background investigations in accordance with
uniform and consistent policies, procedures, standards, and requirements
established by the Security Executive Agent and the Suitability Executive
Agent; and
‘‘(9) conduct other personnel background investigations as authorized
by law, rule, regulation, or Executive Order.
‘‘(b) The Secretary of Defense shall design, develop, deploy, operate, secure,
defend, and continuously update and modernize, as necessary, background
investigation information technology systems that support all Federal back-
ground investigation processes conducted by the National Background Inves-
tigations Bureau. Design and operation of the information technology systems
for the National Background Investigations Bureau shall comply with applica-
ble information technology standards and, to the extent practicable, ensure
security and interoperability with other Federal background investigation
information technology systems. The Secretary of Defense shall operate the
database in the information technology systems containing appropriate data
relevant to the granting, denial, or revocation of a security clearance or
access pertaining to military, civilian, or Government contractor personnel,
see 50 U.S.C. 3341(e), consistent with and following an explicit delegation
from the Director of the Office of Personnel Management pursuant to 5
U.S.C. 1104.
‘‘(c) Delegations and designations of investigative authority in place on
the date of establishment of the National Background Investigations Bureau
shall remain in effect until amended or revoked. The National Background
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Investigations Bureau, through the Director of the Office of Personnel Manage-
ment, shall be subject to the oversight of the Security Executive Agent
in the conduct of investigations for eligibility for access to classified informa-
tion or to hold a sensitive national security position; and to the oversight
of the Suitability Executive Agent in the conduct of investigations of suit-
ability or fitness for Government employment and logical and physical access,
as provided in section 2.3 of this order. The Council shall hold the National
Background Investigations Bureau accountable for the fulfillment of the re-
sponsibilities set forth in section 2.4(a) of this order.’’
Sec. 2. Updating Governance, Authorities, Roles, and Responsibilities. (a)
Within 90 days of the date of this order, and building on the strength
of the current Suitability and Security Clearance Performance Accountability
Council and Executive Agent governance structure, the Council shall review
and update executive-level authorities across the vetting enterprise to clarify
and de-conflict existing authorities, to assign new responsibilities where
gaps may exist, and to address necessary governance changes.
(b) Specifically, the Council shall submit to the President a recommenda-
tion to:
(i) update, clarify, or replace Executive Orders (such as Executive Order
10450 of April 27, 1953, as amended, or Executive Order 12968 of August
2, 1995, as amended) as necessary to accommodate adding new entities
into the current governance structure, and to reflect changes to policies,
governance, or operational structure; and
(ii) consolidate multiple authorities (such as Executive Order 10450 of
April 27, 1953, as amended, or Executive Order 13467 of June 30, 2008)
and reaffirm or clarify existing roles and responsibilities in new or existing
Executive Orders.
(c) The Council’s submission shall include, but will not be limited to,
the appropriate means to:
(i) create a Credentialing Executive Agent with responsibility for policy
and oversight of credentialing matters that parallels the respective authori-
ties and responsibilities of the Security and Suitability Executive Agents,
which will clarify, align, and consolidate credentialing authority under
a single Executive Agent;
(ii) make explicit the Suitability Executive Agent’s oversight role;
(iii) de-conflict Security Executive Agent and Suitability Executive Agent
authorities;
(iv) establish a definition of ‘‘vetting’’ as the overarching construct for
investigations and the decisions based on them, inclusive of security,
suitability or fitness, and credentialing; and
(v) establish clear lanes of responsibility for new overarching enterprise-
wide needs for example, acquisition, funding models, data security require-
ments, and contracting, and the respective roles of the Security, Suitability,
and Credentialing Line of Business; and the Enterprise Investment Board.
Sec. 3. Amendment to Executive Order 12171. Executive Order 12171 of
November 19, 1979, as amended, is further amended by striking ‘‘The Federal
Investigative Services Division’’ in section 1–216 and inserting in lieu thereof:
‘‘Agencies or subdivisions of the Office of Personnel Management:
(a) The Federal Investigative Services.
(b) The National Background Investigations Bureau.
(c) Units with a primary Suitability Executive Agent mission, including
adjudicating suitability investigations and conducting related policy, advisory
services, operations support, and agency oversight.
(d) Units with a primary mission of engineering, information technology,
and cybersecurity support for personnel background investigations and adju-
dications.’’
Sec. 4. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
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(b) If any provision of this order or the application of such provision
is held to be invalid, the remainder of this order shall not be affected.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
September 29, 2016.
[FR Doc. 2016–24066
Filed 10–3–16; 8:45 am]
Billing code 3295–F7–P
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| Amending Executive Order 13467 To Establish the Roles and Responsibilities of the National Background Investigations Bureau and Related Matters | 2016-09-29T00:00:00 | e4507ccb06508bb23dcc91656898add52fa89ec013a4e4a79bd1506a34b71105 |
Presidential Executive Order | 2016-22454 (13739) | Presidential Documents
63673
Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Presidential Documents
Executive Order 13739 September 14, 2016
Termination of Emergency With Respect to the Situation in
or in Relation to Co
ˆte d’Ivoire
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies
Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participa-
tion Act, as amended (22 U.S.C. 287c), and section 301 of title 3, United
States Code,
I, BARACK OBAMA, President of the United States of America, find that
the situation that gave rise to the declaration of a national emergency in
Executive Order 13396 of February 7, 2006, with respect to the situation
in or in relation to Co
ˆte d’Ivoire, including the massacre of large numbers
of civilians, widespread human rights abuses, significant political violence
and unrest, and attacks against international peacekeeping forces leading
to fatalities, has been significantly altered by the progress achieved in the
stabilization of Co
ˆte d’Ivoire, including the successful conduct of the October
2015 presidential election, progress on the management of arms and related
materiel, and the combating of illicit trafficking of natural resources. Accord-
ingly, and in view of the removal of multilateral sanctions by the United
Nations Security Council in Resolution 2283, I hereby terminate the national
emergency declared in Executive Order 13396, revoke that order, and further
order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)), termi-
nation of the national emergency declared in Executive Order 13396 shall
not affect any action taken or proceeding pending not finally concluded
or determined as of the date that this order is effective, any action or
proceeding based on any act committed prior to such date, or any rights
or duties that matured or penalties that were incurred prior to such date.
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 departments, agencies, or entities, its
officers, employees, or agents, or any other person.
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Sec. 3. This order is effective at 8:00 a.m. eastern daylight time on September
14, 2016.
THE WHITE HOUSE,
September 14, 2016.
[FR Doc. 2016–22454
Filed 9–15–16; 8:45 am]
Billing code 3295–F6–P
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| Termination of Emergency With Respect to the Situation in or in Relation to Côte d'Ivoire | 2016-09-14T00:00:00 | f61c9410995ca4a5cb1906758db143614929e9232889bc166542f1c756781d9c |
Presidential Executive Order | 2016-30277 (13754) | Presidential Documents
90669
Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Presidential Documents
Executive Order 13754 of December 9, 2016
Northern Bering Sea Climate Resilience
By the authority vested in me as the President by the Constitution and
the laws of the United States of America, including the Outer Continental
Shelf Lands Act, 43 U.S.C. 1331 et seq., it is hereby ordered as follows:
Section 1. Purpose. As recognized in Executive Order 13689 of January
21, 2015, (Enhancing Coordination of National Efforts in the Arctic), Arctic
environmental stewardship is in the national interest. In furtherance of
this principle, and as articulated in the March 10, 2016, U.S.-Canada Joint
Statement on Climate, Energy, and Arctic Leadership, the United States
has resolved to confront the challenges of a changing Arctic by working
to conserve Arctic biodiversity; support and engage Alaska Native tribes;
incorporate traditional knowledge into decisionmaking; and build a sustain-
able Arctic economy that relies on the highest safety and environmental
standards, including adherence to national climate goals. The United States
is committed to achieving these goals in partnership with indigenous commu-
nities and through science-based decisionmaking. This order carries forth
that vision in the northern Bering Sea region.
The Bering Sea and Bering Strait are home to numerous subsistence commu-
nities, rich indigenous cultures, and unique marine ecosystems, each of
which plays an important role in maintaining regional resilience. The chang-
ing climate and rising average temperatures are reducing the occurrence
of sea ice; changing the conditions for fishing, hunting, and subsistence
whaling; and opening new navigable routes to increased ship traffic. The
preservation of a healthy and resilient Bering ecosystem, including its migra-
tory pathways, habitat, and breeding grounds, is essential for the survival
of marine mammals, fish, seabirds, other wildlife, and the subsistence com-
munities that depend on them. These communities possess a unique under-
standing of the Arctic ecosystem, and their traditional knowledge should
serve as an important resource to inform Federal decisionmaking.
Sec. 2. Policy. It shall be the policy of the United States to enhance the
resilience of the northern Bering Sea region by conserving the region’s
ecosystem, including those natural resources that provide important cultural
and subsistence value and services to the people of the region. For the
purpose of carrying out the specific directives provided herein, this order
delineates an area hereafter referred to as the ‘‘Northern Bering Sea Climate
Resilience Area,’’ in which the exercise of relevant authorities shall be
coordinated among all executive departments and agencies (agencies). All
agencies charged with regulating, overseeing, or conducting activities in
the Northern Bering Sea Climate Resilience Area shall do so with attention
to the rights, needs, and knowledge of Alaska Native tribes; the delicate
and unique ecosystem; the protection of marine mammals, fish, seabirds,
and other wildlife; and with appropriate coordination with the State of
Alaska.
The boundary of the Northern Bering Sea Climate Resilience Area includes
waters within the U.S. Exclusive Economic Zone bounded to the north
by the seaward boundary of the Bering Straits Native Corporation established
pursuant to the Alaska Native Claims Settlement Act; to the south by the
southern boundaries of the Northern Bering Sea Research Area, the St.
Matthew Habitat Conservation Area, and the Nunivak-Kuskokwim Habitat
Conservation Area; and to the west by the maritime boundary delimited
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by the Agreement Between the United States of America and the Union
of Soviet Socialist Republics on the Maritime Boundary, signed at Wash-
ington, June 1, 1990.
Sec. 3. Withdrawal. Under the authority granted to me in section 12(a)
of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby with-
draw from disposition by leasing for a time period without specific expiration
the following areas of the Outer Continental Shelf: (1) the area currently
designated by the Bureau of Ocean Energy Management as the Norton Basin
Planning Area; and (2) the Outer Continental Shelf lease blocks within
the Bureau of Ocean Energy Management’s St. Matthew-Hall Planning Area
lying within 25 nautical miles of St. Lawrence Island. The boundaries of
the withdrawn areas are more specifically delineated in the attached map
and, with respect to the St. Matthew-Hall Planning Area, the accompanying
table of withdrawn Outer Continental Shelf lease blocks. Both the map
and table form a part of this order, with the table governing the withdrawal
and withdrawal boundaries within the St. Matthew-Hall Planning Area. This
withdrawal prevents consideration of these areas for future oil or gas leasing
for purposes of exploration, development, or production. This withdrawal
furthers the principles of responsible public stewardship entrusted to this
office and takes due consideration of the importance of the withdrawn
area to Alaska Native tribes, wildlife, and wildlife habitat, and the need
for regional resiliency in the face of climate change. Nothing in this with-
drawal affects rights under existing leases in the withdrawn areas.
Sec. 4. Task Force on the Northern Bering Sea Climate Resilience Area.
(a) There is established a Task Force on the Northern Bering Sea Climate
Resilience Area (Bering Task Force), under the Arctic Executive Steering
Committee (AESC) established in Executive Order 13689, to be co-chaired
by an office of the Department of the Interior, the National Oceanic and
Atmospheric Administration, and the U.S. Coast Guard.
(b) The membership of the Bering Task Force (member agencies) shall
include, in addition to the Co-Chairs, designated senior-level representatives
from:
(i) the Department of State;
(ii) the Department of Defense;
(iii) the Department of Transportation;
(iv) the Environmental Protection Agency;
(v) the U.S. Army Corps of Engineers;
(vi) the U.S. Arctic Research Commission;
(vii) the National Science Foundation; and
(viii) such agencies and offices as the Co-Chairs may designate.
(c) Consistent with the authorities and responsibilities of its member agen-
cies, the Bering Task Force, with the purpose of advancing the United
States policy in the Northern Bering Sea Climate Resilience Area as set
forth in section 2 of this order, shall:
(i) Establish and provide regular opportunities to consult with the Bering
Intergovernmental Tribal Advisory Council as described in section 5 of
this order;
(ii) Coordinate activities of member agencies, including regulatory, policy,
and research activities, affecting the Northern Bering Sea Climate Resilience
Area and its value for subsistence and cultural purposes;
(iii) Consider the need for additional actions or strategies to advance
the policies established in section 2 of this order and provide recommenda-
tions as appropriate to the President through the AESC;
(iv) Consider and make recommendations with respect to the impacts
of shipping on the Northern Bering Sea Climate Resilience Area including
those described in sections 7 and 8 of this order; and
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(v) In developing and implementing recommendations, coordinate or con-
sult as appropriate with existing AESC working groups, the State of Alaska,
regional and local governments, Alaska Native tribal governments, Alaska
Native corporations and organizations, the private sector, other relevant
organizations, and academia.
Sec. 5. The Bering Intergovernmental Tribal Advisory Council. (a) The Bering
Task Force, within 6 months of the date of this order, and after considering
recommendations from Alaska Native tribal governments, shall, in accordance
with existing law, establish a Bering Intergovernmental Tribal Advisory Coun-
cil, for the purpose of providing input to the Bering Task Force and facili-
tating effective consultation with Alaska Native tribal governments.
(b) The Bering Intergovernmental Tribal Advisory Council shall be charged
with providing input and recommendations on activities, regulations, guid-
ance, or policy that may affect actions or conditions in the Northern Bering
Sea Climate Resilience Area, with attention given to climate resilience; the
rights, needs, and knowledge of Alaska Native tribes; the delicate and unique
ecosystem; and the protection of marine mammals and other wildlife.
(c) The Bering Intergovernmental Tribal Advisory Council should include
between 9 and 11 elected officials or their designees representing Alaska
Native tribal governments with a breadth of interests in the Northern Bering
Sea Climate Resilience Area, and may include such additional Federal offi-
cials and State and local government elected officials as the Bering Task
Force deems appropriate. The Bering Intergovernmental Tribal Advisory
Council will adopt such procedures as it deems necessary to govern its
activities.
Sec. 6. Traditional Knowledge in Decisionmaking. It shall be the policy
of the United States to recognize and value the participation of Alaska
Native tribal governments in decisions affecting the Northern Bering Sea
Climate Resilience Area and for all agencies to consider traditional knowledge
in decisions affecting the Northern Bering Sea Climate Resilience Area.
Specifically, all agencies shall consider applicable information from the
Bering Intergovernmental Tribal Advisory Council in the exercise of existing
agency authorities. Such input may be received through existing agency
procedures and consultation processes.
Sec. 7. Pollution from Vessels. The Bering Task Force, within 9 months
of the date of this order and after coordination as needed with existing
working groups within the AESC, shall provide the AESC with recommenda-
tions on:
(a) Actions to ensure or support implementation of the International Code
for Ships Operating in Polar Waters, as adopted by the International Maritime
Organization, especially with respect to limitations on discharges from vessels
in the Northern Bering Sea Climate Resilience Area; and
(b) Any additional measures necessary to achieve the policies established
in section 2 of this order, such as the potential identification of zero-
discharge zones, assessments of the pollution risks posed by increased vessel
traffic, or noise reduction measures associated with sensitive ecological and
cultural areas within the Northern Bering Sea Climate Resilience Area.
Sec. 8. Shipping Routing Measures. (a) In recognition of the United States
commitment to reduce the impact of shipping within the Bering Sea and
the Bering Strait and the many environmental factors in the Northern Bering
Sea Climate Resilience Area that inform the best routes for navigation,
safety, and the marine environment, the U.S. Coast Guard should conclude
its ongoing port access route study for the Chukchi Sea, Bering Strait,
and Bering Sea (Bering Sea PARS) pursuant to the Ports and Waterways
Safety Act, 33 U.S.C. 1221 et seq.
(b) In designation of routes and any areas to be avoided, and consistent
with existing authorities, consideration should be given to the Northern
Bering Sea Climate Resilience Area, including the effects of shipping and
vessel pollution on the marine environment, fishery resources, the seabed
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and subsoil of the Outer Continental Shelf, marine mammal migratory path-
ways and other biologically important areas, and subsistence whaling, hunt-
ing, and fishing.
(c) In recognition of the value of participation of Alaska Native tribal
governments in decisions affecting the Northern Bering Sea Climate Resil-
ience Area, the U.S. Coast Guard should consider traditional knowledge,
including with respect to marine mammal, waterfowl, and seabird migratory
pathways and feeding and breeding grounds, in the development of the
Bering Sea PARS, establishment of routing measures and any areas to be
avoided, and subsequent rulemaking and management decisions.
(d) No later than December 30, 2016, the U.S. Coast Guard shall publish
preliminary findings for the Bering Sea PARS in the Federal Register, includ-
ing information related to its status, potential routing measures, and its
projected schedule. The U.S. Coast Guard should also consider using this
opportunity to provide notice of any new information or proposed measures
resulting from its ongoing consultation process.
(e) Upon completion of the Bering Sea PARS, the U.S. Coast Guard shall
promptly issue a notice of proposed rulemaking for any designation con-
templated on the basis of the study. The U.S. Coast Guard shall coordinate
as appropriate with the Department of State and other coastal nations and
submit any proposed routing measures to the International Maritime Organi-
zation by 2018 for the purpose of their adoption and implementation.
Sec. 9. Oil Spill Preparedness. The U.S. Coast Guard, in coordination with
all relevant agencies and the State of Alaska, shall update the Area Contin-
gency plans, the Subarea Response Plans, and the Geographic Response
Strategies relevant to the Northern Bering Sea Climate Resilience Area. These
plans and strategies shall be consistent with the National Contingency Plan,
and shall include appropriate measures to improve local response capacity
and preparedness such as spill response training opportunities for local
communities, including Hazardous Waste Operations and Emergency Re-
sponse training for Village Public Safety Officers and other first responders.
Sec. 10. Continuity of Existing Habitat Protection. The area included in
the Northern Bering Sea Climate Resilience Area is currently closed to
commercial non-pelagic trawl gear under rules implementing the Fishery
Management Plans of the Bering Sea and Aleutian Islands Management
Area and the Arctic Management Area. Consistent with existing law, the
National Oceanic and Atmospheric Administration, in coordination with
the North Pacific Fishery Management Council, shall take such actions as
are necessary to support the policy set forth in section 2 of this order,
including actions to maintain the existing prohibitions on the use of commer-
cial non-pelagic trawl gear.
Sec. 11. 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) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistently with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
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(d) The policies set forth in this order are consistent with existing U.S.
obligations under international law and nothing in this order shall be con-
strued to derogate from obligations under applicable international law.
THE WHITE HOUSE,
December 9, 2016.
Billing code 3295–F7–P
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[FR Doc. 2016–30277
Filed 12–13–16; 11:15 a.m.]
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Presidential Executive Order | 2016-20713 (13738) | Presidential Documents
58807
Federal Register
Vol. 81, No. 166
Friday, August 26, 2016
Title 3—
The President
Executive Order 13738 of August 23, 2016
Amendment to Executive Order 13673
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. 121, and in
order to promote economy and efficiency in procurement by contracting
with responsible sources who comply with labor laws, it is hereby ordered
as follows:
Section 1. Amendment to Executive Order 13673. Executive Order 13673
of July 31, 2014 (Fair Pay and Safe Workplaces), is amended as follows:
(1) in subsection 2(a)(iv)(A), by inserting, after the word ‘‘disclose,’’ the
following: ‘‘to the entity designated by a final rule amending the Federal
Acquisition Regulation under subsection 4(a)’’;
(2) in subsection 2(a)(iv)(B), by striking ‘‘the information submitted by
the subcontractor pursuant to subparagraph (A) of this paragraph’’ and replac-
ing in lieu thereof the following: ‘‘the advice provided by the entity des-
ignated by a final rule amending the Federal Acquisition Regulation under
subsection 4(a), or the information submitted to that entity’’;
(3) in subsection 2(a)(v), by striking ‘‘to the contractor’’ and inserting
in lieu thereof the following: ‘‘to an entity designated by a final rule amending
the Federal Acquisition Regulation under subsection 4(a)’’; and
(4) in subsection 4(c)(i), by striking ‘‘and (ii)’’.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to a department, agency, or the head
thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
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Sec. 3. Effective Date. This order shall become effective immediately and
shall apply to all solicitations for contracts as set forth in any final rule
issued by the Federal Acquisition Regulatory Council under this order and
Executive Order 13673 of July 31, 2014.
THE WHITE HOUSE,
August 23, 2016.
[FR Doc. 2016–20713
Filed 8–25–16; 8:45 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2016-19723 (13735) | Presidential Documents
54709
Federal Register
Vol. 81, No. 159
Wednesday, August 17, 2016
Title 3—
The President
Executive Order 13735 of August 12, 2016
Providing an Order of Succession Within the Department of
the Treasury
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies Reform
Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the ‘‘Act’’), it is hereby
ordered that:
Section 1. Subject to the provisions of section 3 of this Executive Order,
the officers named in section 2, in the order listed, shall act as and perform
the functions and duties of the office of Secretary of the Treasury (Secretary)
during any period when both the Secretary and the Deputy Secretary of
the Treasury have died, resigned, or are otherwise unable to perform the
functions and duties of the office of Secretary.
Sec. 2. Order of Succession. (a) Under Secretaries of the Treasury, in the
order in which they shall have taken the oath of office as such officers;
(b) General Counsel of the Department of the Treasury;
(c) Deputy Under Secretaries of the Treasury and those Assistant Secretaries
of the Treasury appointed by the President by and with the consent of
the Senate, in the order in which they shall have taken the oath of office
as such officers; and
(d) the following officers of the Department of the Treasury, in the order
listed:
(i) Chief of Staff;
(ii) Assistant Secretary for Management;
(iii) Fiscal Assistant Secretary;
(iv) Commissioner of Internal Revenue, Internal Revenue Service;
(v) Commissioner, Bureau of the Fiscal Service;
(vi) Deputy Commissioner, Fiscal Accounting and Shared Services, Bureau
of the Fiscal Service; and
(vii) Commissioner, Wage and Investment Division, Internal Revenue Serv-
ice.
Sec. 3. Exceptions. (a) No individual who is serving in an office listed
in section 2(a)–(d) in an acting capacity shall, by virtue of so serving,
act as Secretary pursuant to this Executive Order.
(b) Notwithstanding the provisions of this Executive Order, the President
retains discretion, to the extent permitted by the Act, to depart from this
Executive Order in designating an acting Secretary.
(c) No individual listed in section 2(a)–(d) shall act as Secretary unless
that individual is otherwise eligible to serve under the Act.
Sec. 4. Revocation. Executive Order 13246 of December 18, 2001, and the
Presidential Memorandum of March 19, 2002 (‘‘Designation of Officers of
the Department of the Treasury’’), are hereby revoked.
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Sec. 5. 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,
August 12, 2016.
[FR Doc. 2016–19723
Filed 8–16–16; 8:45 am]
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| Providing an Order of Succession Within the Department of the Treasury | 2016-08-12T00:00:00 | 117d7892211c2b67ff3043a984bef2e06838de427b5b24f0fee93fecf697dbb9 |
Presidential Executive Order | 2016-19724 (13736) | Presidential Documents
54711
Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Presidential Documents
Executive Order 13736 of August 12, 2016
Providing an Order of Succession Within the Department of
Veterans Affairs
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies Reform
Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the ‘‘Act’’), it is hereby
ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2 of
this order and to the limitations set forth in the Act, the following officials
of the Department of Veterans Affairs, in the order listed, shall act as
Secretary of Veterans Affairs (Secretary) and perform the functions and
duties of the office of the Secretary during any period in which both the
Secretary and the Deputy Secretary of Veterans Affairs have died, resigned,
or otherwise become unable to perform the functions and duties of the
office of Secretary:
(a) Under Secretary for Health;
(b) Under Secretary for Benefits;
(c) Under Secretary for Memorial Affairs;
(d) Chief of Staff;
(e) General Counsel and Assistant Secretaries, with precedence among
them in the order, by date, of their appointments and, if on the same
date, in the order in which they have taken the oath of office;
(f) Chairman, Board of Veterans’ Appeals;
(g) Network Director, Veterans Integrated Service Network 8;
(h) Network Director, Veterans Integrated Service Network 7;
(i) Director, Southern Area, Veterans Benefits Administration; and
(j) Network Director, Veterans Integrated Service Network 19.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1(a)–(j) of this order in an acting capacity shall, by virtue of
so serving, act as Secretary pursuant to this order.
(b) No individual who is serving in an office listed in section 1(a)–
(j) of this order shall act as Secretary unless that individual is otherwise
eligible to so serve under the Act.
(c) Notwithstanding the provisions of this order, the President retains
discretion, to the extent permitted by law, to depart from this order in
designating an acting Secretary.
Sec. 3. Revocations. (a) Executive Order 13247 of December 18, 2001, is
hereby revoked;
(b) Section 4(g) of Executive Order 13261 of March 19, 2002, is hereby
revoked;
(c) Presidential Memorandum of March 19, 2002 (Designation of Officers
of the Department of Veterans Affairs), is hereby revoked; and
(d) Presidential Memorandum of February 12, 2003 (Designation of Officers
of the Department of Veterans Affairs to Act as Secretary of Veterans Affairs),
is hereby revoked.
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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,
August 12, 2016.
[FR Doc. 2016–19724
Filed 8–16–16; 8:45 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2016-25290 (13744) | Presidential Documents
71573
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Presidential Documents
Executive Order 13744 of October 13, 2016
Coordinating Efforts To Prepare the Nation for Space Weath-
er Events
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to prepare the Nation for space
weather events, it is hereby ordered as follows:
Section 1. Policy. Space weather events, in the form of solar flares, solar
energetic particles, and geomagnetic disturbances, occur regularly, some with
measurable effects on critical infrastructure systems and technologies, such
as the Global Positioning System (GPS), satellite operations and communica-
tion, aviation, and the electrical power grid. Extreme space weather events—
those that could significantly degrade critical infrastructure—could disable
large portions of the electrical power grid, resulting in cascading failures
that would affect key services such as water supply, healthcare, and transpor-
tation. Space weather has the potential to simultaneously affect and disrupt
health and safety across entire continents. Successfully preparing for space
weather events is an all-of-nation endeavor that requires partnerships across
governments, emergency managers, academia, the media, the insurance indus-
try, non-profits, and the private sector.
It is the policy of the United States to prepare for space weather events
to minimize the extent of economic loss and human hardship. The Federal
Government must have (1) the capability to predict and detect a space
weather event, (2) the plans and programs necessary to alert the public
and private sectors to enable mitigating actions for an impending space
weather event, (3) the protection and mitigation plans, protocols, and stand-
ards required to reduce risks to critical infrastructure prior to and during
a credible threat, and (4) the ability to respond to and recover from the
effects of space weather. Executive departments and agencies (agencies) must
coordinate their efforts to prepare for the effects of space weather events.
Sec. 2. Objectives. This order defines agency roles and responsibilities and
directs agencies to take specific actions to prepare the Nation for the haz-
ardous effects of space weather. These activities are to be implemented
in conjunction with those identified in the 2015 National Space Weather
Action Plan (Action Plan) and any subsequent updates. Implementing this
order and the Action Plan will require the Federal Government to work
across agencies and to develop, as appropriate, enhanced and innovative
partnerships with State, tribal, and local governments; academia; non-profits;
the private sector; and international partners. These efforts will enhance
national preparedness and speed the creation of a space-weather-ready Na-
tion.
Sec. 3. Coordination. (a) The Director of the Office of Science and Technology
Policy (OSTP), in consultation with the Assistant to the President for Home-
land Security and Counterterrorism and the Director of the Office of Manage-
ment and Budget (OMB), shall coordinate the development and implementa-
tion of Federal Government activities to prepare the Nation for space weather
events, including the activities established in section 5 of this order and
the recommendations of the National Science and Technology Council
(NSTC), established by Executive Order 12881 of November 23, 1993 (Estab-
lishment of the National Science and Technology Council).
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(b) To ensure accountability for and coordination of research, development,
and implementation of activities identified in this order and in the Action
Plan, the NSTC shall establish a Space Weather Operations, Research, and
Mitigation Subcommittee (Subcommittee). The Subcommittee member agen-
cies shall conduct activities to advance the implementation of this order,
to achieve the goals identified in the 2015 National Space Weather Strategy
and any subsequent updates, and to coordinate and monitor the implementa-
tion of the activities specified in the Action Plan and provide subsequent
updates.
Sec. 4. Roles and Responsibilities. To the extent permitted by law, the
agencies below shall adopt the following roles and responsibilities, which
are key to ensuring enhanced space weather forecasting, situational aware-
ness, space weather preparedness, and continuous Federal Government oper-
ations during and after space weather events.
(a) The Secretary of Defense shall ensure the timely provision of operational
space weather observations, analyses, forecasts, and other products to support
the mission of the Department of Defense and coalition partners, including
the provision of alerts and warnings for space weather phenomena that
may affect weapons systems, military operations, or the defense of the United
States.
(b) The Secretary of the Interior shall support the research, development,
deployment, and operation of capabilities that enhance the understanding
of variations of the Earth’s magnetic field associated with solar-terrestrial
interactions.
(c) The Secretary of Commerce shall:
(i) provide timely and accurate operational space weather forecasts, watch-
es, warnings, alerts, and real-time space weather monitoring for the govern-
ment, civilian, and commercial sectors, exclusive of the responsibilities
of the Secretary of Defense; and
(ii) ensure the continuous improvement of operational space weather serv-
ices, utilizing partnerships, as appropriate, with the research community,
including academia and the private sector, and relevant agencies to de-
velop, validate, test, and transition space weather observation platforms
and models from research to operations and from operations to research.
(d) The Secretary of Energy shall facilitate the protection and restoration
of the reliability of the electrical power grid during a presidentially declared
grid security emergency associated with a geomagnetic disturbance pursuant
to 16 U.S.C. 824o–1.
(e) The Secretary of Homeland Security shall:
(i) ensure the timely redistribution of space weather alerts and warnings
that support national preparedness, continuity of government, and con-
tinuity of operations; and
(ii) coordinate response and recovery from the effects of space weather
events on critical infrastructure and the broader community.
(f) The Administrator of the National Aeronautics and Space Administra-
tion (NASA) shall:
(i) implement and support a national research program to understand
the Sun and its interactions with Earth and the solar system to advance
space weather modeling and prediction capabilities applicable to space
weather forecasting;
(ii) develop and operate space-weather-related research missions, instru-
ment capabilities, and models; and
(iii) support the transition of space weather models and technology from
research to operations and from operations to research.
(g) The Director of the National Science Foundation (NSF) shall support
fundamental research linked to societal needs for space weather information
through investments and partnerships, as appropriate.
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(h) The Secretary of State, in consultation with the heads of relevant
agencies, shall carry out diplomatic and public diplomacy efforts to strength-
en global capacity to respond to space weather events.
(i) The Secretaries of Defense, the Interior, Commerce, Transportation,
Energy, and Homeland Security, along with the Administrator of NASA
and the Director of NSF, shall work together, consistent with their ongoing
activities, to develop models, observation systems, technologies, and ap-
proaches that inform and enhance national preparedness for the effects
of space weather events, including how space weather events may affect
critical infrastructure and change the threat landscape with respect to other
hazards.
(j) The heads of all agencies that support National Essential Functions,
defined by Presidential Policy Directive 40 (PPD–40) of July 15, 2016 (Na-
tional Continuity Policy), shall ensure that space weather events are ade-
quately addressed in their all-hazards preparedness planning, including miti-
gation, response, and recovery, as directed by PPD–8 of March 30, 2011
(National Preparedness).
(k) NSTC member agencies shall coordinate through the NSTC to establish
roles and responsibilities beyond those identified in section 4 of this order
to enhance space weather preparedness, consistent with each agency’s legal
authority.
Sec. 5. Implementation. (a) Within 120 days of the date of this order,
the Secretary of Energy, in consultation with the Secretary of Homeland
Security, shall develop a plan to test and evaluate available devices that
mitigate the effects of geomagnetic disturbances on the electrical power
grid through the development of a pilot program that deploys such devices,
in situ, in the electrical power grid. After the development of the plan,
the Secretary shall implement the plan in collaboration with industry. In
taking action pursuant to this subsection, the Secretaries of Energy and
Homeland Security shall consult with the Chairman of the Federal Energy
Regulatory Commission.
(b) Within 120 days of the date of this order, the heads of the sector-
specific agencies that oversee the lifeline critical infrastructure functions
as defined by the National Infrastructure Protection Plan of 2013—including
communications, energy, transportation, and water and wastewater systems—
as well as the Nuclear Reactors, Materials, and Waste Sector, shall assess
their executive and statutory authority, and limits of that authority, to direct,
suspend, or control critical infrastructure operations, functions, and services
before, during, and after a space weather event. The heads of each sector-
specific agency shall provide a summary of these assessments to the Sub-
committee.
(c) Within 90 days of receipt of the assessments ordered in section 5(b)
of this order, the Subcommittee shall provide a report on the findings
of these assessments with recommendations to the Director of OSTP, the
Assistant to the President for Homeland Security and Counterterrorism, and
the Director of OMB. The assessments may be used to inform the development
and implementation of policy establishing authorities and responsibilities
for agencies in response to a space weather event.
(d) Within 60 days of the date of this order, the Secretaries of Defense
and Commerce, the Administrator of NASA, and the Director of NSF, in
collaboration with other agencies as appropriate, shall identify mechanisms
for advancing space weather observations, models, and predictions, and
for sustaining and transitioning appropriate capabilities from research to
operations and operations to research, collaborating with industry and aca-
demia to the extent possible.
(e) Within 120 days of the date of this order, the Secretaries of Defense
and Commerce shall make historical data from the GPS constellation and
other U.S. Government satellites publicly available, in accordance with Exec-
utive Order 13642 of May 9, 2013 (Making Open and Machine Readable
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the New Default for Government Information), to enhance model validation
and improvements in space weather forecasting and situational awareness.
(f) Within 120 days of the date of this order, the Secretary of Homeland
Security, through the Administrator of the Federal Emergency Management
Agency and in coordination with relevant agencies, shall lead the develop-
ment of a coordinated Federal operating concept and associated checklist
to coordinate Federal assets and activities to respond to notification of,
and protect against, impending space weather events. Within 180 days of
the publication of the operating concept and checklist, agencies shall develop
operational plans documenting their procedures and responsibilities to pre-
pare for, protect against, and mitigate the effects of impending space weather
events, in support of the Federal operating concept and compatible with
the National Preparedness System described in PPD–8.
Sec. 6. Stakeholder Engagement. The agencies identified in this order shall
seek public-private and international collaborations to enhance observation
networks, conduct research, develop prediction models and mitigation ap-
proaches, enhance community resilience and preparedness, and supply the
services necessary to protect life and property and promote economic pros-
perity, as consistent with law.
Sec. 7. Definitions. As used in this order:
(a) ‘‘Prepare’’ and ‘‘preparedness’’ have the same meaning they have in
PPD–8. They refer to the actions taken to plan, organize, equip, train, and
exercise to build and sustain the capabilities necessary to prevent, protect
against, mitigate the effects of, respond to, and recover from those threats
that pose the greatest risk to the security of the Nation. This includes
the prediction and notification of space weather events.
(b) ‘‘Space weather’’ means variations in the space environment between
the Sun and Earth (and throughout the solar system) that can affect tech-
nologies in space and on Earth. The primary types of space weather events
are solar flares, solar energetic particles, and geomagnetic disturbances.
(c) ‘‘Solar flare’’ means a brief eruption of intense energy on or near
the Sun’s surface that is typically associated with sunspots.
(d) ‘‘Solar energetic particles’’ means ions and electrons ejected from the
Sun that are typically associated with solar eruptions.
(e) ‘‘Geomagnetic disturbance’’ means a temporary disturbance of Earth’s
magnetic field resulting from solar activity.
(f) ‘‘Critical infrastructure’’ has the meaning provided in section 1016(e)
of the USA Patriot Act of 2001 (42 U.S.C. 5195c(e)), namely systems and
assets, whether physical or virtual, so vital to the United States that the
incapacity or destruction of such systems and assets would have a debilitating
impact on security, national economic security, national public health or
safety, or any combination of those matters.
(g) ‘‘Sector-Specific Agency’’ means the agencies designated under PPD–
21 of February 12, 2013 (Critical Infrastructure Security and Resilience),
or any successor directive, to be responsible for providing institutional knowl-
edge and specialized expertise as well as leading, facilitating, or supporting
the security and resilience programs and associated activities of its designated
critical infrastructure sector in the all-hazards environment.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
October 13, 2016.
[FR Doc. 2016–25290
Filed 10–17–16; 8:45 am]
Billing code 3295–F7–P
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| Coordinating Efforts To Prepare the Nation for Space Weather Events | 2016-10-13T00:00:00 | 1379fa4209ff031c56b5bee285fd4e653657adbd13888f3ec8b6620fab050458 |
Presidential Executive Order | 2016-19725 (13737) | Presidential Documents
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Executive Order 13737 of August 12, 2016
Providing an Order of Succession Within the Environmental
Protection Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies Reform
Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the ‘‘Act’’), it is hereby
ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2 of
this order, and to the limitations set forth in the Act, the following officials
of the Environmental Protection Agency, in the order listed, shall act as
and perform the functions and duties of the office of the Administrator
of the Environmental Protection Agency (Administrator) during any period
in which the Administrator and the Deputy Administrator of the Environ-
mental Protection Agency have died, resigned, or become otherwise unable
to perform the functions and duties of the office of Administrator:
(a) General Counsel;
(b) Assistant Administrator for the Office of Solid Waste;
(c) Assistant Administrator for Toxic Substances (also known as the Assist-
ant Administrator for the Office of Chemical Safety and Pollution Prevention);
(d) Assistant Administrator for the Office of Air and Radiation;
(e) Assistant Administrator for the Office of Water;
(f) Assistant Administrator for the Office of Enforcement and Compliance
Assurance;
(g) Chief Financial Officer;
(h) Assistant Administrator for the Office of Research and Development;
(i) Assistant Administrator for the Office of International and Tribal Affairs;
(j) Assistant Administrator for the Office of Administration and Resources
Management;
(k) Assistant Administrator for the Office of Environmental Information;
(l) Regional Administrator, Region 7;
(m) Principal Deputy General Counsel;
(n) Principal Deputy Assistant Administrator for the Office of Enforcement
and Compliance Assurance;
(o) Deputy Regional Administrator, Region 2; and
(p) Deputy Regional Administrator, Region 5.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1(a)–(p) of this order in an acting capacity shall, by virtue of
so serving, act as Administrator pursuant to this order.
(b) No individual listed in section 1(a)–(p) of this order shall act as
Administrator unless that individual is otherwise eligible to so serve under
the Federal Vacancies Reform Act of 1998, as amended.
(c) Notwithstanding the provisions of this order, the President retains
discretion, to the extent permitted by law, to depart from this order in
designating an acting Administrator.
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Sec. 3. Revocation. Executive Order 13614 of May 21, 2012 (Providing an
Order of Succession Within the Environmental Protection Agency), is hereby
revoked.
Sec. 4. Judicial Review. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments, agencies,
or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
August 12, 2016.
[FR Doc. 2016–19725
Filed 8–16–16; 8:45 am]
Billing code 3295–F6–P
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| Providing an Order of Succession Within the Environmental Protection Agency | 2016-08-12T00:00:00 | 04ada71142b0365219799a492de71ecd0118770ed87859d030d88d216eca3bb8 |
Presidential Executive Order | 2016-18872 (13734) | Presidential Documents
52321
Federal Register
Vol. 81, No. 152
Monday, August 8, 2016
Title 3—
The President
Executive Order 13734 of August 3, 2016
Amending Executive Order 13675 To Expand Membership on
the President’s Advisory Council on Doing Business in Africa
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to promote broad-
based economic growth and job creation in the United States and Africa
by encouraging U.S. companies to trade with and invest in Africa, it is
hereby ordered as follows:
Section 1. Policy. Recognizing the tremendous potential of expanding the
U.S.-Africa commercial relationship, the United States in 2014 launched
the Trade Africa Initiative, a partnership between the United States and
Sub-Saharan Africa, and created a U.S. Strategy Toward Sub-Saharan Africa
outlining a comprehensive U.S. policy for the region, among other activities.
Ensuring that such initiatives and activities reflect the priorities of, and
benefit from the support of, the private sector is critical to their success.
For that reason, in Executive Order 13675 of August 5, 2014, I directed
the Secretary of Commerce to establish the President’s Advisory Council
on Doing Business in Africa (Council). Since its establishment in November
2014, the Council has been actively engaged in advising on strengthening
commercial engagement between the United States and Africa and has pro-
vided numerous recommendations on a broad range of issues. In light of
the numerous U.S. Government initiatives and activities to promote expan-
sion of the commercial relationship, the breadth of U.S. private sector engage-
ment in Sub-Saharan Africa, and the range of issues on which future advice
may be requested, broader representation of the diversity of private sector
viewpoints, experiences, and knowledge on the Council is warranted. Thus
I am increasing the membership of the Council.
Sec. 2. Amendment to Executive Order 13675. Executive Order 13675 of
August 5, 2014, is amended in section 3(a) by striking ‘‘shall consist of
not more than 15 private sector corporate members’’ and inserting in lieu
thereof ‘‘shall consist of not more than 26 private sector corporate members’’.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
August 3, 2016.
[FR Doc. 2016–18872
Filed 8–5–16; 8:45 am]
Billing code 3295–F6–P
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| Amending Executive Order 13675 To Expand Membership on the President's Advisory Council on Doing Business in Africa | 2016-08-03T00:00:00 | 2b3942f42ffa0ef718e89063e2ff937d71bfbc4fbde2cc4a93ff8c75f2b2383f |
Presidential Executive Order | 2016-17945 (13733) | Presidential Documents
49515
Federal Register
Vol. 81, No. 144
Wednesday, July 27, 2016
Title 3—
The President
Executive Order 13733 of July 22, 2016
Delegation of Certain Authorities and Assignment of Certain
Functions Under the Trade Facilitation and Trade Enforce-
ment Act of 2015
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Trade Facilitation and
Trade Enforcement Act of 2015 (the ‘‘Act’’) (Public Law 114–125) and section
301 of title 3, United States Code, I hereby order as follows:
Section 1. Authorities and Functions under the Act. (a) The functions of
the President under section 2313A(b) of the Export Enhancement Act of
1988, as added by section 504 of the Act, are assigned to the Secretary
of Commerce. In carrying out its functions, the State and Federal Export
Promotion Coordination Working Group established by the Secretary of Com-
merce under this section shall also coordinate with local and municipal
governments representing regionally diverse areas.
(b) The functions of the President under section 909(d) of the Act are
assigned to the Secretary of State, in consultation with other relevant Federal
agencies.
(c) The functions of the President under section 915(d) of the Act are
assigned to the Administrator of the United States Agency for International
Development, in consultation with the Secretary of State and the United
States Trade Representative (U.S. Trade Representative).
(d) The functions of the President under section 915(e) of the Act are
assigned to the U.S. Trade Representative, in consultation with the Secretary
of State.
Sec. 2. Engagement on Currency Exchange Rate and Economic Policies.
(a) Prior to undertaking an enhanced analysis of a country pursuant to
section 701(a)(2)(A)(ii) of the Act, the Secretary of the Treasury shall seek
the views of the U.S. Trade Representative on changes in trade restrictions
in that country.
(b) In exercising the functions under section 701(b)(2)(A) of the Act, the
Secretary of the Treasury shall consult with the Secretary of State in making
any determination that commencing enhanced bilateral engagement with
a country would cause serious harm to the national security of the United
States.
(c) If the Secretary of the Treasury determines, pursuant to section 701(c)(1)
of the Act, that a country has failed to adopt appropriate policies to correct
the undervaluation and surpluses described in section 701(b)(1)(A) of the
Act with respect to that country, the Assistant to the President for Economic
Policy, in consultation with the Secretary of the Treasury, the U.S. Trade
Representative, the Secretary of State, and the Secretary of Commerce, shall
make a recommendation to the President regarding which of the actions
set forth in sections 701(c)(1)(A) through (D) of the Act the President should
take, or whether the President should waive, pursuant to section 701(c)(2)
of the Act, the requirement to take remedial action.
Sec. 3. General Provisions. (a) In exercising authority delegated by or per-
forming functions assigned in this order, the Secretaries of State, the Treasury,
and Commerce and the U.S. Trade Representative and their delegees:
(i) shall ensure that all actions taken by them are consistent with the
President’s constitutional authority to (A) conduct the foreign affairs of
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the United States, including the commencement, conduct, and termination
of negotiations with foreign countries and international organizations; (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 duties; (C) recommend
for congressional consideration such measures as the President may judge
necessary or expedient; and (D) supervise the executive branch; and
(ii) may redelegate authority delegated by this order and may further
assign functions assigned by this order to officers of any other department
or agency within the executive branch to the extent permitted by law,
including section 301 of title 3, United States Code, and such redelegation
or further assignment shall be published in the Federal Register.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
July 22, 2016.
[FR Doc. 2016–17945
Filed 7–26–16; 11:15 am]
Billing code 3295–F6–P
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| Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Facilitation and Trade Enforcement Act of 2015 | 2016-07-22T00:00:00 | a4d6e6ff8bbfbccbfc6c3ce38fbf9c6140eb20152bcd748247c3b8a1b402f09d |
Presidential Executive Order | 2016-15542 (13731) | Presidential Documents
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Executive Order 13731 of June 24, 2016
Global Entrepreneurship
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 American spirit of entrepreneurship is one of our
most admired values around the world, and the United States has produced
many of the world’s most respected businesses and inspiring business cre-
ators. At a time when many societies confront extremism, unemployment,
and slow economic growth, entrepreneurship holds out the promise of oppor-
tunity, prosperity, and security.
It is in the national interest for the Federal Government to support innovation,
global entrepreneurship, and the American private sector. Linking entre-
preneurs with capital, new networks, and markets and providing skills and
training will allow them to grow their businesses and positively impact
their communities. It is also necessary that we help enable our global partners
to invest in the tools and infrastructure that make this possible, including
high-speed broadband; business incubators and accelerators; regional eco-
nomic development programs and extension services; international people-
to-people exchange programs; and the technical, export, and business assist-
ance and mentoring that entrepreneurs need worldwide in order to drive
economic growth and job creation.
This order sets forth the administration and goals of several programs de-
signed to connect American and foreign entrepreneurs with the Federal
Government and promote entrepreneurship across the United States and
around the world by sharing the knowledge, experience, and connectivity
necessary to help develop the next generation of entrepreneurs.
Sec. 2. Administration of the Presidential Ambassadors for Global Entrepre-
neurship Program. (a) The Secretary of Commerce (Secretary) shall administer
the Presidential Ambassadors for Global Entrepreneurship Program (PAGE
Program) to enable individuals who exemplify the spirit of American entre-
preneurship and who have proven track records to use their networks,
platforms, and voices to support aspiring entrepreneurs and advance public
policies that encourage entrepreneurship in the United States and around
the globe. Individuals selected for participation in the PAGE Program shall
be known as PAGE Members.
(b) The PAGE Program shall be administered by a Director, appointed
by the Secretary under authorities of the Department of Commerce (Com-
merce). Commerce shall provide necessary staff, resources, and administrative
support for the PAGE Program to the extent permitted by law and within
existing appropriations.
Sec. 3. PAGE Advisory Board. (a) The Secretary shall establish an Advisory
Board to advise the Secretary by recommending such priorities, standards,
and partnerships as may be beneficial to fulfill the goals of the PAGE
Program and to identify potential opportunities for PAGE Members to support
the PAGE Program.
(b) The Secretary shall serve as Chair of the Advisory Board. In addition
to the Chair, the membership of the Advisory Board shall include the Sec-
retary of State, the Administrator of the United States Agency for International
Development (USAID), the Administrator of the Small Business Administra-
tion (SBA), and the Administrator of the National Aeronautics and Space
Administration (NASA), or their designees, and such other representatives
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of executive departments and agencies (agencies) as may be designated by
the Secretary. Consistent with law, the Advisory Board may consult with
industry, academia, and other non-federal entities to ensure that the PAGE
Program is continually identifying opportunities to apply innovative practices
in effective ways to promote entrepreneurship.
Sec. 4. Selection of PAGE Members. (a) The Secretary, in accordance with
applicable law, shall prescribe appropriate procedures for the selection of
PAGE Members. PAGE Members will total no more than 25 at any given
time.
(b) PAGE Members may participate in the PAGE Program for periods
of 2 years, and may be selected to participate for additional periods at
the discretion of the Secretary.
Sec. 5. Responsibilities of Agencies. The Department of State (State), USAID,
and SBA are encouraged to work with the Secretary and the Advisory
Board to maximize the PAGE Program’s benefits to innovation, global entre-
preneurship, and the American private sector through the identification
of opportunities for entrepreneurs to access capital, education, mentorships,
and other services that will help to grow their businesses.
Sec. 6. Global Entrepreneurship Summit. (a) The Secretary of State shall
coordinate the Federal Government’s participation in the Global Entrepre-
neurship Summit (GES), which will focus on connecting entrepreneurs
around the world and empowering them to expand their enterprises and
build lasting relationships with the United States; increasing global economic
prosperity; building secure communities; promoting responsible business
conduct, including business practices to encourage greater representation
of all people, including women, youth, and minorities; and using innovation
to solve pressing global challenges.
(b) State shall coordinate with Commerce, USAID, and SBA to identify
and carry out programs and activities that will further the goals of the
GES to the extent permitted by law and within existing appropriations.
Sec. 7. Accelerating Entrepreneurship and Economic Opportunity by Expand-
ing Internet Access Globally. State, in coordination with other agencies,
multilateral institutions, foreign countries, and stakeholders, shall work to
actively promote global Internet connectivity. Specifically, the Global Connect
Initiative shall focus on encouraging foreign countries to prioritize Internet
connectivity in development plans, promoting the formation of region-spe-
cific multi-sector working groups to ensure technical and regulatory best
practices, and encouraging the development of digital literacy programs in
developing nations.
Sec. 8. Global Connect International Connectivity Steering Group. (a) In
order to ensure a coordinated and consistent approach in agency implementa-
tion of the goals set forth in section 7 of this order, there is hereby established
a Global Connect International Connectivity Steering Group (Steering Group),
chaired by State.
(b) The Steering Group shall be composed of a representative from each
of the following agencies:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Commerce;
(v) the Department of Transportation;
(vi) the United States Trade Representative;
(vii) the Small Business Administration;
(viii) the United States Trade and Development Agency;
(ix) the Millennium Challenge Corporation;
(x) the Overseas Private Investment Corporation;
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(xi) the Export-Import Bank of the United States; and
(xii) the United States Agency for International Development.
(c) The Chair shall invite a representative from the Federal Communications
Commission, and may invite a representative from any other department,
agency, component, or office the Chair deems appropriate, to participate
as a member of the Steering Group.
(d) The Chair shall consult with the following entities in setting the
agenda of the Steering Group and ensuring coordination with other Adminis-
tration policies:
(i) the National Economic Council;
(ii) the National Security Council Staff; and
(iii) the Office of Science and Technology Policy.
(e) Not later than 6 months after the date of this order, the Steering
Group shall report to the Secretary of State. In this report, the Steering
Group shall:
(i) describe the current state of agency procedures, requirements, programs,
and policies related to the goals of the Global Connect Initiative; and
(ii) provide updates on the strategy and the evaluation criteria for Federal
contributions to the Global Connect Initiative.
(f) The Secretary of State may request a periodic update of this report
every 12 months thereafter, through 2020, on progress that has been made
in achieving the goals of the Global Connect Initiative.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head
thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
June 24, 2016.
[FR Doc. 2016–15542
Filed 6–28–16; 8:45 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2016-12307 (13729) | Presidential Documents
32611
Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Presidential Documents
Executive Order 13729 of May 18, 2016
A Comprehensive Approach to Atrocity Prevention and Re-
sponse
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. As articulated in Presidential Study Directive-10 (PSD–
10), preventing mass atrocities and genocide is a core national security
interest and a core moral responsibility of the United States. Noting that
governmental engagement on mass atrocities and genocide too often arrives
too late, when opportunities for prevention or low-cost, low-risk action
have been missed, PSD–10 directed the establishment of an interagency
Atrocities Prevention Board (Board), with the primary purpose of coordi-
nating a whole-of-government approach to prevent mass atrocities and geno-
cide. PSD–10 also directed an interagency study to develop and recommend
the membership, mandate, structure, operational protocols, authorities, and
support necessary for the Board to coordinate and develop atrocity prevention
and response policy. This order continues in place the Board established
in 2012 as I directed in PSD–10, sets out the support to be afforded by
executive departments, agencies, and offices, and updates and memorializes
the terms on which the Board will continue to operate in the service of
its important mission.
Sec. 2. Definition. For purposes of this order, the term ‘‘mass atrocities’’
or ‘‘atrocities,’’ neither of which is defined under international law, refers
to large scale and deliberate attacks on civilians, and includes acts falling
within the definition ‘‘genocide’’ as defined in international law and under
U.S. domestic statute.
Sec. 3. Responsibilities. The Board shall seek to ensure that mass atrocities
and the risk thereof are effectively considered and appropriately addressed
by the U.S. Government, and shall coordinate the development and execution
of policies and tools to enhance our capacity to prevent and respond to
mass atrocities.
(a) In order to ensure that emerging mass atrocity risks and mass atrocity
situations are considered and addressed, the Board shall monitor develop-
ments around the world that heighten the risk of mass atrocities, and analyze
and closely review specific mass atrocity threats or situations of heightened
concern.
(b) The Board shall also identify any gaps related to the prevention of
and response to mass atrocities in the current policies and ongoing inter-
agency processes concerning particular regions or countries and shall make
recommendations to strengthen policies, programs, resources, and tools re-
lated to mass atrocity prevention and response to relevant executive depart-
ments and agencies (agencies), including through the Board’s function as
an interagency policy committee, as detailed in section 4 of this order.
In these efforts, the Board shall focus in particular on ways for the U.S.
Government to develop, strengthen, and enhance its capabilities to:
(i) monitor, receive early warning of, and coordinate responses to potential
mass atrocities;
(ii) deter and isolate perpetrators of mass atrocities through all available
and appropriate authorities;
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(iii) promote accountability of and deny impunity for perpetrators of mass
atrocities, including by denying safe haven for perpetrators found in the
United States;
(iv) engage allies and partners, including the United Nations and other
multilateral and regional institutions, to build capacity and mobilize action
for preventing and responding to mass atrocities;
(v) deploy civilian personnel with expertise in conflict prevention, civilian
protection, mediation, and other relevant skills, including on a rapid re-
sponse basis, to assist in mass atrocity prevention and response efforts;
(vi) increase capacity for our diplomats, armed services, development pro-
fessionals, and other actors to engage in mass atrocity prevention and
response activities;
(vii) develop and implement tailored foreign assistance programs as well
as doctrine for our armed services to address and mitigate the risks of
mass atrocities;
(viii) ensure intelligence collection, analysis, and sharing of information,
as appropriate, relating to mass atrocity threats and situations; and
(ix) address any other issue regarding mass atrocity prevention and re-
sponse that the Board determines is appropriate.
Sec. 4. Structure and Protocols of the Atrocities Prevention Board. The
Board shall continue to operate and will have the following structure and
protocols:
(a) The Board shall function as an interagency policy committee, or body
of equivalent standing, chaired by a member of the National Security Council
staff at the Senior Director level or higher who shall be designated by
the President (Chair).
(b) The Chair shall convene the Board on a monthly basis to perform
the responsibilities set forth in section 3 of this order. The Board shall
also meet as needed on an ad hoc and time-sensitive basis to consider
and address emerging mass atrocity threats or situations.
(c) The Deputies Committee of the National Security Council (Deputies)
shall meet at least twice per year, and the Principals Committee of the
National Security Council (Principals) shall meet at least once per year,
to review and direct the work of the Board.
(d) The Board shall be composed of individuals at the Assistant Secretary-
level or higher who shall be designated by the leadership of their respective
departments or agencies. Within 60 days of a vacancy on the Board, the
relevant department or agency or office head shall designate a replacement
representative and notify the National Security Advisor. In addition to the
Chair, the Board shall consist of the designated representatives from the
following:
(i) the Office of the Vice President;
(ii) the Department of State;
(iii) the Department of the Treasury;
(iv) the Department of Defense;
(v) the Department of Justice;
(vi) the Department of Homeland Security;
(vii) the U.S. Mission to the United Nations;
(viii) the Office of the Director of National Intelligence;
(ix) the Central Intelligence Agency;
(x) the U.S. Agency for International Development;
(xi) the Joint Chiefs of Staff; and
(xii) such other agencies or offices as may request to participate in coordina-
tion with the Chair.
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(e) The Chair shall report, through the National Security Advisor, to the
President by April 30 each year on the work of the U.S. Government in
mass atrocity prevention and response, including the work of the Board.
(f) The Chair shall prepare written updates for the public, on an annual
basis, on the work of the U.S. Government in mass atrocity prevention
and response, including the work of the Board.
(g) Consistent with the objectives set out in this order and in accordance
with applicable law, the Board shall conduct outreach, including regular
consultations, with representatives of nongovernmental organizations with
expertise in mass atrocity prevention and response and other appropriate
parties. Such outreach shall be for the purpose of assisting the Board with
its work on considering and addressing emerging mass atrocity threats or
situations and on developing new or improved policies and tools, as well
as for the purpose of providing transparency on the work of the Board.
(h) In order to conduct the work set forth in this order effectively, the
Board may:
(i) request information or analysis from the Intelligence Community (IC),
Chiefs of Mission, agencies, and offices;
(ii) develop policy recommendations and programmatic recommendations
for agencies, offices, and existing interagency processes;
(iii) in conjunction with existing interagency processes, formulate policy
recommendations and programmatic recommendations;
(iv) coordinate with the Office of Management and Budget (OMB) to
develop guidance on mass atrocity prevention resource priorities for agen-
cies and offices; and
(v) bring urgent or significant matters to the attention of the Deputies
and, as appropriate, request that the Deputies convene to address a situation
of concern, consistent with Presidential Policy Directive-1 or its successor.
Sec. 5. Enhancing Capabilities and Tools. Agencies shall take the following
actions in support of the United States Government’s policy of working
to prevent and respond to mass atrocities:
(a) Agencies, in coordination with the Board, shall ensure that mass atrocity
prevention and response staffing, training, funding, and activities are ad-
dressed in their strategic planning and budget processes, including Depart-
ment Quadrennial Reviews, Mission Resource Requests, State Department
Integrated Country Strategies, U.S. Agency for International Development
(USAID) Joint Strategic Plans, State Department Bureau Strategic Resource
Plans, and related strategic planning and budget processes and documents.
The Chair shall make recommendations to the National Security Advisor
on the inclusion of material in the President’s National Security Strategy
that addresses mass atrocity prevention and response.
(b) The Department of State and USAID shall work with OMB to support
the maintenance of civilian assistance accounts and authorities that enable
swift civilian responses to mass atrocity threats and situations.
(c) The Department of State and USAID shall offer mass atrocity prevention
and response training courses to all officers deployed or planning deployment
to countries deemed by the IC to be at high or substantial risk for mass
atrocities.
(d) The Department of State and USAID shall continue to build and
use civilian capacity (i.e., the ability to deploy personnel with expertise
in conflict prevention, civilian protection, mediation, and other relevant
skills) effectively for mass atrocity prevention and response, and shall de-
velop mechanisms for enhanced partnerships with non-U.S. Government
actors that could provide surge capacity, such as the United Nations and
other multilateral and regional organizations, foreign governments, and non-
governmental organizations.
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(e) The IC shall continue to monitor developments worldwide and, as
changing conditions warrant, prepare an IC-coordinated assessment updating
IC judgments in its National Intelligence Estimate on the global risk of
mass atrocities and genocide at regular intervals to inform the work of
the Board.
(f) Recognizing mass atrocity prevention as a core national security interest
of the United States, the IC shall allocate resources so as to permit a
collection surge for countries where the Board determines, and the Deputies
concur, that there are ongoing or acute risks of mass atrocities that merit
increased attention, in accordance with the National Intelligence Priority
Framework and available resources.
(g) The IC shall work with partner governments to encourage the collection
and analysis of mass atrocity-related intelligence and the sharing of this
intelligence with the U.S. Government and its partners in mass atrocity
prevention and response.
(h) The Department of Homeland Security (DHS) and the Department
of Justice, in coordination with the Department of State, shall continue
to develop proposals for legislative, regulatory, or administrative amendments
or changes that would permit the more effective use and enforcement of
immigration and other laws to deny impunity to perpetrators of mass atroc-
ities and that would enhance our ability to prosecute such perpetrators
subject to the jurisdiction of the United States and remove those who are
not citizens.
(i) The Department of Defense (DOD) shall continue to develop joint
doctrine and training that support mass atrocity prevention and response
operations and shall address mass atrocity prevention and response as part
of its general planning guidance to combatant commands and services.
(j) The Department of State, the Department of the Treasury, DHS, the
U.S. Mission to the United Nations (USUN), and other agencies as appro-
priate, shall coordinate with bilateral and multilateral partners on the deploy-
ment of mass atrocity prevention and response tools, including isolating
and deterring perpetrators of mass atrocities through all available authorities
(including administrative actions, visa authorities, and capacity-building sup-
port), as appropriate.
(k) The Department of State, in coordination with USUN, DOD, and other
agencies as appropriate, shall work bilaterally, multilaterally, and with re-
gionally based organizations to enhance effectiveness in the fields of early
warning, analysis, prevention, response, and accountability, and shall work
with international partners to build or encourage building the capacity of
our allies and partners to prevent and respond to mass atrocities.
Sec. 6. General Provisions. (a) Members of the Board shall serve without
any additional compensation for their work on the Board.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof, or the status of that department or agency within the
Federal Government; or
(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals.
(c) This order shall be implemented consistent with applicable law, and
subject to the availability of appropriations.
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(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
May 18, 2016.
[FR Doc. 2016–12307
Filed 5–20–16; 11:15 am]
Billing code 3295–F6–P
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| A Comprehensive Approach to Atrocity Prevention and Response | 2016-05-18T00:00:00 | 36be0077d81242c23396f4fa6bb0fc782febae11c23c5e5e8d849c3c9de4583b |
Presidential Executive Order | 2017-02281 (13769) | Presidential Documents
8977
Federal Register
Vol. 82, No. 20
Wednesday, February 1, 2017
Title 3—
The President
Executive Order 13769 of January 27, 2017
Protecting the Nation From Foreign Terrorist Entry Into the
United States
By the authority vested in me as President by the Constitution and laws
of the United States of America, including the Immigration and Nationality
Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States
Code, and to protect the American people from terrorist attacks by foreign
nationals admitted to the United States, it is hereby ordered as follows:
Section 1. Purpose. The visa-issuance process plays a crucial role in detecting
individuals with terrorist ties and stopping them from entering the United
States. Perhaps in no instance was that more apparent than the terrorist
attacks of September 11, 2001, when State Department policy prevented
consular officers from properly scrutinizing the visa applications of several
of the 19 foreign nationals who went on to murder nearly 3,000 Americans.
And while the visa-issuance process was reviewed and amended after the
September 11 attacks to better detect would-be terrorists from receiving
visas, these measures did not stop attacks by foreign nationals who were
admitted to the United States.
Numerous foreign-born individuals have been convicted or implicated in
terrorism-related crimes since September 11, 2001, including foreign nation-
als who entered the United States after receiving visitor, student, or employ-
ment visas, or who entered through the United States refugee resettlement
program. Deteriorating conditions in certain countries due to war, strife,
disaster, and civil unrest increase the likelihood that terrorists will use
any means possible to enter the United States. The United States must
be vigilant during the visa-issuance process to ensure that those approved
for admission do not intend to harm Americans and that they have no
ties to terrorism.
In order to protect Americans, the United States must ensure that those
admitted to this country do not bear hostile attitudes toward it and its
founding principles. The United States cannot, and should not, admit those
who do not support the Constitution, or those who would place violent
ideologies over American law. In addition, the United States should not
admit those who engage in acts of bigotry or hatred (including ‘‘honor’’
killings, other forms of violence against women, or the persecution of those
who practice religions different from their own) or those who would oppress
Americans of any race, gender, or sexual orientation.
Sec. 2. Policy. It is the policy of the United States to protect its citizens
from foreign nationals who intend to commit terrorist attacks in the United
States; and to prevent the admission of foreign nationals who intend to
exploit United States immigration laws for malevolent purposes.
Sec. 3. Suspension of Issuance of Visas and Other Immigration Benefits
to Nationals of Countries of Particular Concern. (a) The Secretary of Home-
land Security, in consultation with the Secretary of State and the Director
of National Intelligence, shall immediately conduct a review to determine
the information needed from any country to adjudicate any visa, admission,
or other benefit under the INA (adjudications) in order to determine that
the individual seeking the benefit is who the individual claims to be and
is not a security or public-safety threat.
(b) The Secretary of Homeland Security, in consultation with the Secretary
of State and the Director of National Intelligence, shall submit to the President
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a report on the results of the review described in subsection (a) of this
section, including the Secretary of Homeland Security’s determination of
the information needed for adjudications and a list of countries that do
not provide adequate information, within 30 days of the date of this order.
The Secretary of Homeland Security shall provide a copy of the report
to the Secretary of State and the Director of National Intelligence.
(c) To temporarily reduce investigative burdens on relevant agencies during
the review period described in subsection (a) of this section, to ensure
the proper review and maximum utilization of available resources for the
screening of foreign nationals, and to ensure that adequate standards are
established to prevent infiltration by foreign terrorists or criminals, pursuant
to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the
immigrant and nonimmigrant entry into the United States of aliens from
countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12),
would be detrimental to the interests of the United States, and I hereby
suspend entry into the United States, as immigrants and nonimmigrants,
of such persons for 90 days from the date of this order (excluding those
foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organi-
zation visas, C–2 visas for travel to the United Nations, and G–1, G–2,
G–3, and G–4 visas).
(d) Immediately upon receipt of the report described in subsection (b)
of this section regarding the information needed for adjudications, the Sec-
retary of State shall request all foreign governments that do not supply
such information to start providing such information regarding their nationals
within 60 days of notification.
(e) After the 60-day period described in subsection (d) of this section
expires, the Secretary of Homeland Security, in consultation with the Sec-
retary of State, shall submit to the President a list of countries recommended
for inclusion on a Presidential proclamation that would prohibit the entry
of foreign nationals (excluding those foreign nationals traveling on diplomatic
visas, North Atlantic Treaty Organization visas, C–2 visas for travel to the
United Nations, and G–1, G–2, G–3, and G–4 visas) from countries that
do not provide the information requested pursuant to subsection (d) of
this section until compliance occurs.
(f) At any point after submitting the list described in subsection (e) of
this section, the Secretary of State or the Secretary of Homeland Security
may submit to the President the names of any additional countries rec-
ommended for similar treatment.
(g) Notwithstanding a suspension pursuant to subsection (c) of this section
or pursuant to a Presidential proclamation described in subsection (e) of
this section, the Secretaries of State and Homeland Security may, on a
case-by-case basis, and when in the national interest, issue visas or other
immigration benefits to nationals of countries for which visas and benefits
are otherwise blocked.
(h) The Secretaries of State and Homeland Security shall submit to the
President a joint report on the progress in implementing this order within
30 days of the date of this order, a second report within 60 days of the
date of this order, a third report within 90 days of the date of this order,
and a fourth report within 120 days of the date of this order.
Sec. 4. Implementing Uniform Screening Standards for All Immigration Pro-
grams. (a) The Secretary of State, the Secretary of Homeland Security, the
Director of National Intelligence, and the Director of the Federal Bureau
of Investigation shall implement a program, as part of the adjudication
process for immigration benefits, to identify individuals seeking to enter
the United States on a fraudulent basis with the intent to cause harm,
or who are at risk of causing harm subsequent to their admission. This
program will include the development of a uniform screening standard
and procedure, such as in-person interviews; a database of identity docu-
ments proffered by applicants to ensure that duplicate documents are not
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used by multiple applicants; amended application forms that include ques-
tions aimed at identifying fraudulent answers and malicious intent; a mecha-
nism to ensure that the applicant is who the applicant claims to be; a
process to evaluate the applicant’s likelihood of becoming a positively con-
tributing member of society and the applicant’s ability to make contributions
to the national interest; and a mechanism to assess whether or not the
applicant has the intent to commit criminal or terrorist acts after entering
the United States.
(b) The Secretary of Homeland Security, in conjunction with the Secretary
of State, the Director of National Intelligence, and the Director of the Federal
Bureau of Investigation, shall submit to the President an initial report on
the progress of this directive within 60 days of the date of this order,
a second report within 100 days of the date of this order, and a third
report within 200 days of the date of this order.
Sec. 5. Realignment of the U.S. Refugee Admissions Program for Fiscal
Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admis-
sions Program (USRAP) for 120 days. During the 120-day period, the Secretary
of State, in conjunction with the Secretary of Homeland Security and in
consultation with the Director of National Intelligence, shall review the
USRAP application and adjudication process to determine what additional
procedures should be taken to ensure that those approved for refugee admis-
sion do not pose a threat to the security and welfare of the United States,
and shall implement such additional procedures. Refugee applicants who
are already in the USRAP process may be admitted upon the initiation
and completion of these revised procedures. Upon the date that is 120
days after the date of this order, the Secretary of State shall resume USRAP
admissions only for nationals of countries for which the Secretary of State,
the Secretary of Homeland Security, and the Director of National Intelligence
have jointly determined that such additional procedures are adequate to
ensure the security and welfare of the United States.
(b) Upon the resumption of USRAP admissions, the Secretary of State,
in consultation with the Secretary of Homeland Security, is further directed
to make changes, to the extent permitted by law, to prioritize refugee claims
made by individuals on the basis of religious-based persecution, provided
that the religion of the individual is a minority religion in the individual’s
country of nationality. Where necessary and appropriate, the Secretaries
of State and Homeland Security shall recommend legislation to the President
that would assist with such prioritization.
(c) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim
that the entry of nationals of Syria as refugees is detrimental to the interests
of the United States and thus suspend any such entry until such time
as I have determined that sufficient changes have been made to the USRAP
to ensure that admission of Syrian refugees is consistent with the national
interest.
(d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby
proclaim that the entry of more than 50,000 refugees in fiscal year 2017
would be detrimental to the interests of the United States, and thus suspend
any such entry until such time as I determine that additional admissions
would be in the national interest.
(e) Notwithstanding the temporary suspension imposed pursuant to sub-
section (a) of this section, the Secretaries of State and Homeland Security
may jointly determine to admit individuals to the United States as refugees
on a case-by-case basis, in their discretion, but only so long as they determine
that the admission of such individuals as refugees is in the national interest—
including when the person is a religious minority in his country of nationality
facing religious persecution, when admitting the person would enable the
United States to conform its conduct to a preexisting international agreement,
or when the person is already in transit and denying admission would
cause undue hardship—and it would not pose a risk to the security or
welfare of the United States.
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(f) The Secretary of State shall submit to the President an initial report
on the progress of the directive in subsection (b) of this section regarding
prioritization of claims made by individuals on the basis of religious-based
persecution within 100 days of the date of this order and shall submit
a second report within 200 days of the date of this order.
(g) It is the policy of the executive branch that, to the extent permitted
by law and as practicable, State and local jurisdictions be granted a role
in the process of determining the placement or settlement in their jurisdic-
tions of aliens eligible to be admitted to the United States as refugees.
To that end, the Secretary of Homeland Security shall examine existing
law to determine the extent to which, consistent with applicable law, State
and local jurisdictions may have greater involvement in the process of
determining the placement or resettlement of refugees in their jurisdictions,
and shall devise a proposal to lawfully promote such involvement.
Sec. 6. Rescission of Exercise of Authority Relating to the Terrorism Grounds
of Inadmissibility. The Secretaries of State and Homeland Security shall,
in consultation with the Attorney General, consider rescinding the exercises
of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism
grounds of inadmissibility, as well as any related implementing memoranda.
Sec. 7. Expedited Completion of the Biometric Entry-Exit Tracking System.
(a) The Secretary of Homeland Security shall expedite the completion and
implementation of a biometric entry-exit tracking system for all travelers
to the United States, as recommended by the National Commission on Ter-
rorist Attacks Upon the United States.
(b) The Secretary of Homeland Security shall submit to the President
periodic reports on the progress of the directive contained in subsection
(a) of this section. The initial report shall be submitted within 100 days
of the date of this order, a second report shall be submitted within 200
days of the date of this order, and a third report shall be submitted within
365 days of the date of this order. Further, the Secretary shall submit
a report every 180 days thereafter until the system is fully deployed and
operational.
Sec. 8. Visa Interview Security. (a) The Secretary of State shall immediately
suspend the Visa Interview Waiver Program and ensure compliance with
section 222 of the INA, 8 U.S.C. 1202, which requires that all individuals
seeking a nonimmigrant visa undergo an in-person interview, subject to
specific statutory exceptions.
(b) To the extent permitted by law and subject to the availability of
appropriations, the Secretary of State shall immediately expand the Consular
Fellows Program, including by substantially increasing the number of Fel-
lows, lengthening or making permanent the period of service, and making
language training at the Foreign Service Institute available to Fellows for
assignment to posts outside of their area of core linguistic ability, to ensure
that non-immigrant visa-interview wait times are not unduly affected.
Sec. 9. Visa Validity Reciprocity. The Secretary of State shall review all
nonimmigrant visa reciprocity agreements to ensure that they are, with re-
spect to each visa classification, truly reciprocal insofar as practicable with
respect to validity period and fees, as required by sections 221(c) and 281
of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country
does not treat United States nationals seeking nonimmigrant visas in a
reciprocal manner, the Secretary of State shall adjust the visa validity period,
fee schedule, or other treatment to match the treatment of United States
nationals by the foreign country, to the extent practicable.
Sec. 10. Transparency and Data Collection. (a) To be more transparent
with the American people, and to more effectively implement policies and
practices that serve the national interest, the Secretary of Homeland Security,
in consultation with the Attorney General, shall, consistent with applicable
law and national security, collect and make publicly available within 180
days, and every 180 days thereafter:
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(i) information regarding the number of foreign nationals in the United
States who have been charged with terrorism-related offenses while in
the United States; convicted of terrorism-related offenses while in the
United States; or removed from the United States based on terrorism-
related activity, affiliation, or material support to a terrorism-related organi-
zation, or any other national security reasons since the date of this order
or the last reporting period, whichever is later;
(ii) information regarding the number of foreign nationals in the United
States who have been radicalized after entry into the United States and
engaged in terrorism-related acts, or who have provided material support
to terrorism-related organizations in countries that pose a threat to the
United States, since the date of this order or the last reporting period,
whichever is later; and
(iii) information regarding the number and types of acts of gender-based
violence against women, including honor killings, in the United States
by foreign nationals, since the date of this order or the last reporting
period, whichever is later; and
(iv) any other information relevant to public safety and security as deter-
mined by the Secretary of Homeland Security and the Attorney General,
including information on the immigration status of foreign nationals
charged with major offenses.
(b) The Secretary of State shall, within one year of the date of this
order, provide a report on the estimated long-term costs of the USRAP
at the Federal, State, and local levels.
Sec. 11. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
January 27, 2017.
[FR Doc. 2017–02281
Filed 1–31–17; 11:15 am]
Billing code 3295–F7–P
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| Protecting the Nation From Foreign Terrorist Entry Into the United States | 2017-01-27T00:00:00 | efa15800f9a3b4b30be0e9a2fb35366ad44f0c0cfce77b7f0b6988ab0810f863 |
Presidential Executive Order | 2016-12155 (13728) | Presidential Documents
32223
Federal Register
Vol. 81, No. 98
Friday, May 20, 2016
Title 3—
The President
Executive Order 13728 of May 18, 2016
Wildland-Urban Interface Federal Risk Mitigation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to improve the Nation’s resilience
to wildfire, I hereby direct the following:
Section 1. Policy. It is the policy of the United States to strengthen the
security and resilience of the Nation against the impacts of wildfire. The
annual estimates on structure loss due to wildfire have increased dramatically
over the past six decades as a result of multi-year drought conditions in
combination with accumulated fuel loads, growing populations residing in
the wildland-urban interface, and associated increases in the exposure of
built environments. As such, we must continue to ensure our Nation is
resilient to wildfire in order to promote public safety, economic strength,
and national security.
The Federal Government must continue to take proactive steps to enhance
the resilience of buildings that are owned by the Federal Government and
are located on Federal land. Each executive department and agency (agency)
responsible for implementing this order shall seek to enhance the resilience
of its buildings when making investment decisions to ensure continued
performance of essential functions and to reduce risks to its buildings’
occupants in the event of a wildfire.
Sec. 2. Codes and Concurrent Requirements. (a) Commencing within 90
days of the completion of the implementing guidelines as described in
section 3(b)(i) of this order, each agency shall ensure that every new Federal
building above 5,000 gross square feet on Federal land within the wildland-
urban interface at moderate or greater wildfire risk for which the agency
has not completed design is in compliance with the 2015 edition of the
International Wildland-Urban Interface Code (IWUIC) promulgated by the
International Code Council (ICC), or an equivalent code, consistent with
the provisions of and to the extent required by 40 U.S.C. 3312. When
the ICC releases a new version of the IWUIC, a determination shall be
made whether the new version is a nationally recognized code for the
purposes of 40 U.S.C. 3312(b), as expeditiously as practicable, but not later
than 2 years after the release of the new version. If a determination is
made that a new version is a nationally recognized code, agencies shall
ensure that any Federal building covered by this section for which the
agency has not completed design is in compliance with that new version,
or an equivalent code, consistent with the provisions of and to the extent
required by 40 U.S.C. 3312.
(b) Commencing within 90 days of the completion of the implementing
guidelines as described in section 3(b)(i) of this order, each agency respon-
sible for the alteration of an existing Federal building above 5,000 gross
square feet on Federal land within the wildland-urban interface at moderate
or greater wildfire risk for which the agency has not completed design
shall ensure that the alteration is effectuated in compliance with the IWUIC,
or an equivalent code, consistent with the provisions of and to the extent
required by 40 U.S.C. 3312. When the ICC releases a new version of the
IWUIC, a determination shall be made whether the new version is a nationally
recognized code for the purposes of 40 U.S.C. 3312(b), as expeditiously
as practicable, but not later than 2 years after the release of the new version.
If a determination is made that a new version is a nationally recognized
code, agencies shall ensure that any Federal building covered by this section
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for which the agency has not completed design is in compliance with
that new version, or an equivalent code, consistent with the provisions
of and to the extent required by 40 U.S.C. 3312.
(c) Each agency that owns an existing Federal building above 5,000 gross
square feet on Federal land within the wildland-urban interface at moderate
or greater wildfire risk is strongly encouraged to ensure that such existing
buildings are in compliance with the IWUIC, or an equivalent code.
(d) The heads of agencies whose activities are covered by sections 2(a)
and 2(b) of this order shall complete a wildfire risk assessment of their
existing Federal buildings above 5,000 gross square feet within the wildland-
urban interface and are strongly encouraged to consider creating and main-
taining a defensible space in compliance with the IWUIC, or an equivalent
code, for each of those buildings they determine to be at highest risk.
(e) Each agency that leases space in a building to be constructed for
the predominant use of an agency above 5,000 rentable square feet in the
wildland-urban interface in an area of greater than moderate wildfire risk
is strongly encouraged to ensure that the building is designed and constructed
in accord with the IWUIC, or an equivalent code.
(f) Each agency assisting in the financing, through Federal grants or loans,
or guaranteeing the financing, through loan or mortgage insurance premiums,
of a newly constructed building or of an alteration of an existing building
above 5,000 gross square feet within the wildland-urban interface at moderate
or greater wildfire risk shall consider updating its procedures for providing
the assistance to be consistent with sections 2(a) and 2(b) of this order,
to ensure appropriate consideration of wildfire-resistant design and construc-
tion.
(g) To the extent permitted by law, the heads of all agencies may:
(i) require higher performance levels than exist in the codes described
in section 2(a) of this order;
(ii) apply the requirements within section 2(a) of this order to new buildings
less than 5,000 gross square feet on Federal land within the wildland-
urban interface at moderate or greater wildfire risk; and
(iii) apply the requirements within section 2(b) of this order to existing
buildings less than 5,000 gross square feet on Federal land within the
wildland-urban interface at moderate or greater wildfire risk.
(h) When calculating whether a building is at moderate or greater wildfire
risk, agencies should act in accordance with the methods described in the
2015 edition of the IWUIC, or any subsequent version that is determined
to be a nationally recognized code for the purposes of 40 U.S.C. 3312(b),
or an equivalent code, or in accordance with an equivalent method.
(i) Each building constructed or altered in accordance with section 2(a)
or (b) of this order shall comply with the IWUIC, or an equivalent code,
only to the maximum extent feasible as determined by the head of an
agency.
Sec. 3. Agency Responsibilities. (a) The heads of all agencies that own
Federal buildings above 5,000 gross square feet on Federal land within
the wildland-urban interface at moderate or greater wildfire risk shall deter-
mine the appropriate process within their respective agencies to ensure
compliance with this order.
(b) The Mitigation Framework Leadership Group (MitFLG) shall:
(i) create implementing guidelines to advise and assist agency compliance
with the code requirements within 240 days of the date of this order;
(ii) provide assistance to the agencies in interpreting the implementing
guidelines.
(c) When determining whether buildings are located within the wildland-
urban interface, agencies shall use the U.S. Department of Agriculture Forest
Service’s, ‘‘The 2010 Wildland-Urban Interface of the Conterminous United
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States,’’ or an equivalent tool. The Secretary of Agriculture shall provide
assistance to the agencies in determining whether buildings are located
within the wildland-urban interface.
(d) The heads of agencies whose activities are covered by sections 2(a)
and 2(b) of this order shall submit a report once every 2 years to the
Chair of the MitFLG on their progress in implementing the order, com-
mencing 2 years from the date of this order.
Sec. 4. Definition. As used in this order, ‘‘building’’ means a constructed
asset that is enclosed with walls and a roof that provides space for agencies
to perform activities or store materials as well as provides spaces for people
to live or work.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law, includ-
ing the National Historic Preservation Act of 1966, and subject to the avail-
ability of appropriations.
(c) This order applies only to buildings within the United States and
its territories and possessions.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
May 18, 2016.
[FR Doc. 2016–12155
Filed 5–19–16; 11:15 am]
Billing code 3295–F6–P
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| Wildland-Urban Interface Federal Risk Mitigation | 2016-05-18T00:00:00 | 1d93f356e1cdcb208e676c20f2406b2793ca9808274d48c6786dfc96c5ae0cde |
Presidential Executive Order | 2016-16295 (13732) | Presidential Documents
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Federal Register
Vol. 81, No. 130
Thursday, July 7, 2016
Title 3—
The President
Executive Order 13732 of July 1, 2016
United States Policy on Pre- and Post-Strike Measures To
Address Civilian Casualties in U.S. Operations Involving the
Use of Force
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby direct as follows:
Section 1. Purpose. United States policy on civilian casualties resulting
from U.S. operations involving the use of force in armed conflict or in
the exercise of the Nation’s inherent right of self-defense is based on our
national interests, our values, and our legal obligations. As a Nation, we
are steadfastly committed to complying with our obligations under the law
of armed conflict, including those that address the protection of civilians,
such as the fundamental principles of necessity, humanity, distinction, and
proportionality.
The protection of civilians is fundamentally consistent with the effective,
efficient, and decisive use of force in pursuit of U.S. national interests.
Minimizing civilian casualties can further mission objectives; help maintain
the support of partner governments and vulnerable populations, especially
in the conduct of counterterrorism and counterinsurgency operations; and
enhance the legitimacy and sustainability of U.S. operations critical to our
national security. As a matter of policy, the United States therefore routinely
imposes certain heightened policy standards that are more protective than
the requirements of the law of armed conflict that relate to the protection
of civilians.
Civilian casualties are a tragic and at times unavoidable consequence of
the use of force in situations of armed conflict or in the exercise of a
state’s inherent right of self-defense. The U.S. Government shall maintain
and promote best practices that reduce the likelihood of civilian casualties,
take appropriate steps when such casualties occur, and draw lessons from
our operations to further enhance the protection of civilians.
Sec. 2. Policy. In furtherance of U.S. Government efforts to protect civilians
in U.S. operations involving the use of force in armed conflict or in the
exercise of the Nation’s inherent right of self-defense, and with a view
toward enhancing such efforts, relevant departments and agencies (agencies)
shall continue to take certain measures in present and future operations.
(a) In particular, relevant agencies shall, consistent with mission objectives
and applicable law, including the law of armed conflict:
(i) train personnel, commensurate with their responsibilities, on compli-
ance with legal obligations and policy guidance that address the protection
of civilians and on implementation of best practices that reduce the likeli-
hood of civilian casualties, including through exercises, pre-deployment
training, and simulations of complex operational environments that include
civilians;
(ii) develop, acquire, and field intelligence, surveillance, and reconnais-
sance systems that, by enabling more accurate battlespace awareness, con-
tribute to the protection of civilians;
(iii) develop, acquire, and field weapon systems and other technological
capabilities that further enable the discriminate use of force in different
operational contexts;
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(iv) take feasible precautions in conducting attacks to reduce the likelihood
of civilian casualties, such as providing warnings to the civilian population
(unless the circumstances do not permit), adjusting the timing of attacks,
taking steps to ensure military objectives and civilians are clearly distin-
guished, and taking other measures appropriate to the circumstances; and
(v) conduct assessments that assist in the reduction of civilian casualties
by identifying risks to civilians and evaluating efforts to reduce risks
to civilians.
(b) In addition to the responsibilities above, relevant agencies shall also,
as appropriate and consistent with mission objectives and applicable law,
including the law of armed conflict:
(i) review or investigate incidents involving civilian casualties, including
by considering relevant and credible information from all available sources,
such as other agencies, partner governments, and nongovernmental organi-
zations, and take measures to mitigate the likelihood of future incidents
of civilian casualties;
(ii) acknowledge U.S. Government responsibility for civilian casualties
and offer condolences, including ex gratia payments, to civilians who
are injured or to the families of civilians who are killed;
(iii) engage with foreign partners to share and learn best practices for
reducing the likelihood of and responding to civilian casualties, including
through appropriate training and assistance; and
(iv) maintain channels for engagement with the International Committee
of the Red Cross and other nongovernmental organizations that operate
in conflict zones and encourage such organizations to assist in efforts
to distinguish between military objectives and civilians, including by ap-
propriately marking protected facilities, vehicles, and personnel, and by
providing updated information on the locations of such facilities and
personnel.
Sec. 3. Report on Strikes Undertaken by the U.S. Government Against Ter-
rorist Targets Outside Areas of Active Hostilities. (a) The Director of National
Intelligence (DNI), or such other official as the President may designate,
shall obtain from relevant agencies information about the number of strikes
undertaken by the U.S. Government against terrorist targets outside areas
of active hostilities from January 1, 2016, through December 31, 2016, as
well as assessments of combatant and non-combatant deaths resulting from
those strikes, and publicly release an unclassified summary of such informa-
tion no later than May 1, 2017. By May 1 of each subsequent year, as
consistent with the need to protect sources and methods, the DNI shall
publicly release a report with the same information for the preceding calendar
year.
(b) The annual report shall also include information obtained from relevant
agencies regarding the general sources of information and methodology used
to conduct these assessments and, as feasible and appropriate, shall address
the general reasons for discrepancies between post-strike assessments from
the U.S. Government and credible reporting from nongovernmental organiza-
tions regarding non-combatant deaths resulting from strikes undertaken by
the U.S. Government against terrorist targets outside areas of active hostilities.
(c) In preparing a report under this section, the DNI shall review relevant
and credible post-strike all-source reporting, including such information from
nongovernmental sources, for the purpose of ensuring that this reporting
is available to and considered by relevant agencies in their assessment
of deaths.
(d) The Assistant to the President for National Security Affairs may, as
appropriate, request that the head of any relevant agency conduct additional
reviews related to the intelligence assessments of deaths from strikes against
terrorist targets outside areas of active hostilities.
Sec. 4. Periodic Consultation. In furtherance of the policies and practices
set forth in this order, the Assistant to the President for National Security
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Affairs, through the National Security Council staff, will convene agencies
with relevant defense, counterterrorism, intelligence, legal, civilian protec-
tion, and technology expertise to consult on civilian casualty trends, consider
potential improvements to U.S. Government civilian casualty mitigation ef-
forts, and, as appropriate, report to the Deputies and Principals Committees,
consistent with Presidential Policy Directive 1 or its successor. Specific
incidents will not be considered in this context, and will continue to be
examined within relevant chains of command.
Sec. 5. General Provisions. (a) The policies and practices set forth above
are not intended to alter, and shall be implemented consistent with, the
authority and responsibility of commanders and other U.S. personnel to
execute their mission as directed by the President or other appropriate
authorities, which necessarily includes the inherent right of self-defense
and the maintenance of good order and discipline among U.S. personnel.
No part of this order modifies the chain of command of the U.S. Armed
Forces or the authority of U.S. commanders.
(b) No part of this order modifies priorities in the collection of intelligence
or the development, acquisition, or fielding of weapon systems and other
technological capabilities.
(c) No part of this order shall prejudice or supplant established procedures
pertaining to administrative or criminal investigative or judicial processes
in the context of the military justice system or other applicable law and
regulation.
(d) The policies set forth in this order are consistent with existing U.S.
obligations under international law and are not intended to create new
international legal obligations; nor shall anything in this order be construed
to derogate from obligations under applicable law, including the law of
armed conflict.
(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,
July 1, 2016.
[FR Doc. 2016–16295
Filed 7–6–16; 11:15 am]
Billing code 3295–F6–P
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| United States Policy on Pre- and Post-Strike Measures To Address Civilian Casualties in U.S. Operations Involving the Use of Force | 2016-07-01T00:00:00 | 19309dcb1f23ea43b94b0a532c1c7e80e2aab5189bef9bb303f695b07d49d81a |
Presidential Executive Order | 2016-11300 (13727) | Presidential Documents
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Executive Order 13727 of May 6, 2016
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 Presidential Transition Act of 1963, as amended,
and to assist the Presidential transition, it is hereby ordered as follows:
Section 1. Policy. The peaceful transition of power has long been a hallmark
of American democracy. It is the policy of the United States to undertake
all reasonable efforts to ensure that Presidential transitions are well-coordi-
nated and effective, without regard to party affiliation.
Sec. 2. Establishment of the White House Transition Coordinating Council.
(a) To facilitate the Presidential transition, including assisting and supporting
the transition efforts of the transition teams of eligible candidates, there
is established a White House Transition Coordinating Council.
(b) The White House Transition Coordinating Council shall be composed
of the following officials or their designees:
(i) Assistant to the President and Chief of Staff, 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 Implementation;
(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 Counterter-
rorism;
(viii) Assistant to the President for Economic Policy and Director, National
Economic Council;
(ix) Director of National Intelligence;
(x) Director of the Office of Management and Budget;
(xi) Administrator of General Services;
(xii) Federal Transition Coordinator;
(xiii) the transition representative for each eligible candidate, who shall
serve in an advisory capacity; and
(xiv) any other executive branch official the President determines appro-
priate.
(c) The White House Transition Coordinating Council shall:
(i) provide guidance to executive departments and agencies (agencies)
and the Federal Transition Coordinator regarding preparations for the Presi-
dential transition, including succession planning and preparation of brief-
ing materials;
(ii) facilitate communication and information sharing between the transi-
tion representatives of eligible candidates and senior employees in agencies
and the Executive Office of the President, including the provision of
information relevant to facilitating the personnel aspects of a Presidential
transition and such other information that, in the Council’s judgment,
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is useful and appropriate, as long as providing such information is not
otherwise prohibited by law; and
(iii) prepare and host interagency emergency preparedness and response
exercises.
(d) In order to obtain a wide range of facts and information on prior
transitions and best practices, the White House Transition Coordinating Coun-
cil, its members, or their designees may seek information from private indi-
viduals, including individuals in outside organizations, who have significant
experience or expertise in Presidential transitions. The White House Transi-
tion Coordinating Council, its members, or their designees shall endeavor
to obtain such facts and information from individuals representing a range
of bipartisan or nonpartisan viewpoints. If the White House Transition Co-
ordinating 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.
Sec. 3. Establishment of the Agency Transition Directors Council. (a) To
implement the guidance provided by the White House Transition Coordi-
nating Council and to coordinate transition activities across agencies, there
is established an Agency Transition Directors Council.
(b) The Agency Transition Directors Council shall be composed of the
following officials or their designees:
(i) Federal Transition Coordinator, who shall serve as Co-Chair;
(ii) Deputy Director for Management of the Office of Management and
Budget, who shall serve as Co-Chair;
(iii) a senior career representative from each agency described in section
901(b)(1) of title 31, United States Code, the Office of Personnel Manage-
ment, the Office of Government Ethics, and the National Archives and
Records Administration whose responsibilities include leading Presidential
transition efforts within the agency;
(iv) during a year in which a Presidential election will be held, a transition
representative for each eligible candidate, who shall serve in an advisory
capacity;
(v) a senior career representative from any other agency determined by
the Co-Chairs to be an agency that has significant responsibilities relating
to the Presidential transition process; and
(vi) other senior employees serving in the Executive Office of the President,
as determined by the President.
(c) The Agency Transition Directors Council shall:
(i) ensure the Federal Government has an integrated strategy for addressing
interagency challenges and responsibilities around Presidential transitions
and turnover of non-career appointees;
(ii) coordinate transition activities among the Executive Office of the Presi-
dent, agencies, and the transition team of eligible candidates and the
President-elect and Vice-President-elect;
(iii) draw on guidance provided by the White House Transition Coordi-
nating Council and lessons learned from previous Presidential transitions
in carrying out its duties;
(iv) assist the Federal Transition Coordinator in identifying and carrying
out his or her responsibilities relating to a Presidential transition;
(v) provide guidance to agencies in gathering briefing materials and infor-
mation relating to the Presidential transition that may be requested by
eligible candidates;
(vi) ensure materials and information described in subparagraph (v) of
this subsection are prepared not later than November 1 of the year during
which a Presidential election is held;
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(vii) ensure agencies adequately prepare career employees who are des-
ignated to fill non-career positions during a Presidential transition; and
(viii) consult with the President’s Management Council, or any successor
thereto, in carrying out its duties.
(d) The Agency Transition Directors Council shall meet:
(i) subject to subparagraph (ii) of this subsection, not less than once
per year; and
(ii) during the period beginning on the date that is 6 months before
a Presidential election and ending on the date on which the President-
elect is inaugurated, on a regular basis as necessary to carry out its
duties and authorities.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head
thereof; or
(ii) the functions of the 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) The terms ‘‘eligible candidate,’’ ‘‘Federal Transition Coordinator,’’ and
‘‘Presidential election’’ shall have the same meaning as those terms used
in the Presidential Transition Act of 1963, as amended. The term ‘‘President’s
Management Council’’ shall have the same meaning as that term is used
in the Presidential Memorandum of July 11, 2001.
(d) 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 departments, agencies, or entities, its officers, employees, or agents,
or any other person.
THE WHITE HOUSE,
May 6, 2016.
[FR Doc. 2016–11300
Filed 5–10–16; 11:15 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2016-09483 (13726) | Presidential Documents
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Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Presidential Documents
Executive Order 13726 of April 19, 2016
Blocking Property and Suspending Entry Into the United
States of Persons Contributing to the Situation in Libya
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participa-
tion Act of 1945, as amended (22 U.S.C. 287c) (UNPA), section 212(f) of
the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section
301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America, hereby
expand the scope of the national emergency declared in Executive Order
13566 of February 25, 2011, finding that the ongoing violence in Libya,
including attacks by armed groups against Libyan state facilities, foreign
missions in Libya, and critical infrastructure, as well as human rights abuses,
violations of the arms embargo imposed by United Nations Security Council
Resolution 1970 (2011), and misappropriation of Libya’s natural resources
threaten the peace, security, stability, sovereignty, democratic transition,
and territorial integrity of Libya, and thereby constitute an unusual and
extraordinary threat to the national security and foreign policy of the United
States. To address this threat, and in view of United Nations Security Council
Resolutions 2174 of August 27, 2014, and 2213 of March 27, 2015, I hereby
order:
Section 1. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person of the
following persons are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in: any person determined by the Secretary
of the Treasury, in consultation with the Secretary of State:
(i) to be responsible for or complicit in, or to have engaged in, directly
or indirectly, any of the following:
(A) actions or policies that threaten the peace, security, or stability
of Libya, including through the supply of arms or related materiel;
(B) actions or policies that obstruct, undermine, delay, or impede, or
pose a significant risk of obstructing, undermining, delaying, or impeding,
the adoption of or political transition to a Government of National Accord
or a successor government;
(C) actions that may lead to or result in the misappropriation of state
assets of Libya; or
(D) threatening or coercing Libyan state financial institutions or the
Libyan National Oil Company;
(ii) to be planning, directing, or committing, or to have planned, directed,
or committed, attacks against any Libyan state facility or installation (in-
cluding oil facilities), against any air, land, or sea port in Libya, or against
any foreign mission in Libya;
(iii) to be involved in, or to have been involved in, the targeting of
civilians through the commission of acts of violence, abduction, forced
displacement, or attacks on schools, hospitals, religious sites, or locations
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where civilians are seeking refuge, or through conduct that would con-
stitute a serious abuse or violation of human rights or a violation of
international humanitarian law;
(iv) to be involved in, or to have been involved in, the illicit exploitation
of crude oil or any other natural resources in Libya, including the illicit
production, refining, brokering, sale, purchase, or export of Libyan oil;
(v) to be a leader of an entity that has, or whose members have, engaged
in any activity described in subsections (a)(i), (a)(ii), (a)(iii), or (a)(iv)
of this section;
(vi) to have materially assisted, sponsored, or provided financial, material,
logistical, or technological support for, or goods or services in support
of (A) any of the activities described in subsections (a)(i), (a)(ii), (a)(iii),
or (a)(iv) of this section or (B) any person whose property and interests
in property are blocked pursuant to this order; or
(vii) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, any person whose property and interests in property
are blocked pursuant to this order.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
date of this order. The prohibitions in subsection (a) of this section are
in addition to export control authorities implemented by the Department
of Commerce.
Sec. 2. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in section 1(a) of this order would be detrimental to the
interests of the United States, and I hereby suspend entry into the United
States, as immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of Proclamation 8693 of
July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions). Further, United Nations Security Council Resolution 2174
shall be treated as a Resolution listed in Annex A of Proclamation 8693.
Sec. 3. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in Executive Order
13566 and expanded in this order, and I hereby prohibit such donations
as provided by section 1 of this order.
Sec. 4. The prohibitions in section 1 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
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(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 National Accord or a successor government’’
means:
(i) a Government of National Accord formed pursuant to the terms of
the Libyan Political Agreement signed in Skhirat, Morocco, on December
17, 2015, or any amendments thereto;
(ii) a governmental authority formed under the Libyan Constitution pursu-
ant to the terms of the Libyan Political Agreement signed in Skhirat,
Morocco, on December 17, 2015, or any amendments thereto;
(iii) any subdivision, agency, or instrumentality of the foregoing, and
any partnership, association, corporation, or other organization owned
or controlled, directly or indirectly, by, or acting for or on behalf of,
the foregoing; or
(iv) any other person determined by the Secretary of the Treasury to
be included within paragraphs (a) through (c) of this section.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 13566 and expanded
in this order, there need be no prior notice of a listing or determination
made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA 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.
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Sec. 9. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
April 19, 2016.
[FR Doc. 2016–09483
Filed 4–20–16; 11:15 am]
Billing code 3295–F6–P
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| Blocking Property and Suspending Entry Into the United States of Persons Contributing to the Situation in Libya | 2016-04-19T00:00:00 | 2def2c7dc97bfbc5d15ba06d8bd7280fd4b2a1de00ea7515978681dde5aff35b |
Presidential Executive Order | 2016-07703 (13723) | Presidential Documents
19017
Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Presidential Documents
Executive Order 13723 of March 30, 2016
Establishing the Inherent Resolve Campaign Medal
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including my authority as Commander
in Chief of the Armed Forces of the United States, it is hereby ordered
as follows:
Section 1. Inherent Resolve Campaign Medal. There is hereby established
the Inherent Resolve Campaign Medal with suitable appurtenances. Except
as limited in section 2 of this order, and under regulations to be prescribed
by the Secretary of Defense, or under regulations to be prescribed by the
Secretary of Homeland Security with respect to the Coast Guard when it
is not operating as a service in the Navy, the Inherent Resolve Campaign
Medal shall be awarded to members of the Armed Forces of the United
States who serve or have served in Iraq, Syria, or contiguous waters or
airspace on or after June 15, 2014, and before a terminal date to be prescribed
by the Secretary of Defense.
Sec. 2. Relationship to Other Awards. Notwithstanding section 1 of Executive
Order 13289 of March 12, 2003, Establishing the Global War on Terrorism
Expeditionary Medal, any member who qualified for that medal by reason
of service in Iraq, Syria, or contiguous waters or airspace between June
15, 2014, and a terminal date to be determined by the Secretary of Defense,
shall remain qualified for that medal. Upon application, a member by reason
of service in Iraq, Syria, or contiguous waters or airspace may be awarded
the Inherent Resolve Campaign Medal in lieu of the Global War on Terrorism
Expeditionary Medal. A member may be awarded either the Inherent Resolve
Campaign Medal or the Global War on Terrorism Expeditionary Medal by
reason of service in Iraq, Syria, or contiguous waters or airspace. No member
shall be entitled to the award of more than one of these two medals for
the same period of service.
Sec. 3. Posthumous Award. The Inherent Resolve Campaign Medal may
be awarded posthumously to any person covered by and under regulations
prescribed in accordance with the first section of this order.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
March 30, 2016.
[FR Doc. 2016–07703
Filed 3–31–16; 11:15 am]
Billing code 3295–F6–P
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| Establishing the Inherent Resolve Campaign Medal | 2016-03-30T00:00:00 | 895ae6d8951267f017a1233c6bbc2fe1b99daf45337f7a5a9300bda173368e16 |
Presidential Executive Order | 2016-08713 (13724) | Presidential Documents
22021
Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Presidential Documents
Executive Order 13724 of April 8, 2016
Amending Executive Order 12137
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 19 of the Peace Corps Act,
as amended (22 U.S.C. 2518) and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Amendment to Executive Order 12137. Executive Order 12137
of May 16, 1979, as amended, is further amended as follows:
(a) In section 1–1, a new section 1–113 is added to read as follows:
‘‘1–113. The functions of adopting, altering, and using an official seal
or emblem of the Peace Corps as set forth in section 19 of the Peace
Corps Act (22 U.S.C. 2518) is hereby delegated to the Director of the Peace
Corps.’’
(b) In section 1–3, section 1–301(e) is deleted.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
April 8, 2016.
[FR Doc. 2016–08713
Filed 4–12–16; 11:15 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2016-06250 (13721) | Presidential Documents
14685
Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Presidential Documents
Executive Order 13721 of March 14, 2016
Developing an Integrated Global Engagement Center To Sup-
port Government-wide Counterterrorism Communications Ac-
tivities Directed Abroad and Revoking Executive Order 13584
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 2656 of title 22,
United States Code, and section 3161 of title 5, United States Code, it
is hereby ordered as follows:
Section 1. Establishment of the Global Engagement Center. The Secretary
of State (Secretary) shall establish the Global Engagement Center (Center)
which shall lead the coordination, integration, and synchronization of Gov-
ernment-wide communications activities directed at foreign audiences abroad
in order to counter the messaging and diminish the influence of international
terrorist organizations, including the Islamic State of Iraq and the Levant
(ISIL), al Qa’ida, and other violent extremists abroad, with specific respon-
sibilities as set forth in section 3 of this order. The executive director
of the Center shall be the Special Envoy and Coordinator for Global Engage-
ment Communications (Coordinator), who shall report to the Secretary
through the Under Secretary of State for Public Diplomacy.
Sec. 2. Revocation. Executive Order 13584 of September 9, 2011 (Developing
an Integrated Strategic Counterterrorism Communications Initiative and Es-
tablishing a Temporary Organization to Support Certain Government-Wide
Communications Activities Directed Abroad), is revoked.
Sec. 3. Responsibilities Assigned to the Center. Recognizing the need for
innovation and new approaches to counter the messaging and diminish
the influence of international terrorist organizations, including ISIL, al Qa’ida,
and other violent extremists abroad, and in order to protect the vital national
interests of the United States, while also recognizing the importance of
protections for freedom of expression, including those under the First Amend-
ment to the Constitution of the United States and international human
rights obligations, the responsibilities and functions of the Center shall in-
clude the following:
(a) coordinating, integrating, and synchronizing all public communications
of the United States Government directed toward foreign audiences abroad
in order to counter the messaging and diminish the influence of international
terrorist organizations and other violent extremists abroad;
(b) developing and promulgating throughout the executive branch, on
the basis of rigorous research and modern data analysis, the U.S. strategic
counterterrorism narratives, guidance, and associated communications strate-
gies directed toward foreign audiences abroad in order to counter the mes-
saging and diminish the influence of international terrorist organizations
and other violent extremists abroad;
(c) consulting and engaging, in coordination with agencies and the Coun-
tering Violent Extremism Task Force, as appropriate, with a range of commu-
nications-related actors and entities, within the United States and abroad,
including governments, private sector and civil society entities, in order
to contribute to U.S. Government efforts to counter the communications-
related radicalization to violence and recruitment activities of international
terrorist organizations and other violent extremists abroad, while also build-
ing the capacity of partners to create resonant positive alternative narratives
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and to diminish the influence of such international terrorist organizations
and other violent extremists abroad;
(d) identifying, engaging, employing, or acquiring the best available talent
across the U.S. and from global private sectors, academia, and elsewhere
to support the Center’s mission;
(e) identifying shortfalls in any U.S. capabilities in any areas relevant
to the Center’s mission and implementing or recommending, as appropriate,
necessary enhancements or changes; and
(f) developing, supporting, and sustaining networks of governmental and
non-governmental partners, to provide original content and disseminate mes-
saging products to foreign audiences abroad and to create, develop, and
sustain effective positive alternative narratives consistent with U.S. policy
objectives.
Sec. 4. Establishment of a Steering Committee. The Secretary shall establish
a Steering Committee composed of senior representatives of agencies relevant
to the Center’s mission to provide advice to the Secretary on the operations
and strategic orientation of the Center and to ensure adequate support for
the Center. The Steering Committee shall be chaired by the Under Secretary
of State for Public Diplomacy. The Steering Committee shall include one
senior representative designated by the head of each of the following agencies:
the Department of Defense, the Department of Justice, the Department of
Homeland Security, the Department of the Treasury, the Small Business
Administration, the National Counterterrorism Center, the Joint Chiefs of
Staff, the Counterterrorism Center of the Central Intelligence Agency, the
Broadcast Board of Governors, and the United States Agency for International
Development. Other agencies may be invited to participate in the Steering
Committee at the discretion of the Chair.
Sec. 5. Interagency Support. Agencies are hereby directed, consistent with
budget priorities and mission constraints, upon request by the Secretary
and to the extent permitted by law and consistent with the need to protect
intelligence and law enforcement sources, methods, operations, and investiga-
tions, to provide to the Center, and the Center is authorized to use, for
the purpose of carrying out the responsibilities outlined in this order:
(a) details or assignments of personnel, which shall be based on reasonable
requests in light of the need for specific domain expertise, and after consulta-
tion with the relevant agency to ensure that such requests align with their
authorities and resources;
(b) the use of physical premises, equipment, and logistical or administrative
support;
(c) relevant information, research, intelligence, and analysis; and
(d) such other resources and assistance as the Coordinator may request
for the purpose of carrying out the responsibilities outlined in this order.
Sec. 6. Establishment of a Temporary Organization. (a) There is established
within the Department of State, in accordance with section 3161 of title
5, United States Code, a temporary organization to be known as the Global
Engagement Center Coordination Office (GECCO).
(b) The purpose of the GECCO shall be to perform the specific project
of providing technical, marketing, management, and operational support
to the Center in its efforts to build and maintain a network of partners
outside the U.S. Government, including private sector entities and non-
governmental organizations, and to develop research and analytics to enable
measurement and evaluation of the activities of the Center and related
activities conducted by other agencies.
(c) In carrying out the purposes set forth in subsection (b) of this section,
the GECCO shall:
(i) provide technical, marketing, management, and operational support
for the management of contracts, grants, and cooperative agreements;
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(ii) assist the Center in building and maintaining partnerships with private
sector entities, non-governmental organizations, and others as appropriate
in support of the Center’s mission;
(iii) design and develop sustained campaigns, in coordination with and
primarily for use by private sector entities and non-governmental organiza-
tions, on specific areas of interest to foreign audiences abroad in support
of the Center’s mission;
(iv) conduct or commission baseline research to establish the basis for
evaluation of the activities of the Center and related activities conducted
by other agencies;
(v) develop analytical models and metrics, consistent with the Center’s
responsibilities, in order to enable measurement and evaluation of the
activities of the Center in coordinating effective strategies to counter the
messaging and diminish the influence of international terrorist organiza-
tions and other violent extremists abroad, and related activities conducted
by other agencies; and
(vi) perform such other functions related to the specific project set forth
in subsection (b) of this section as the Secretary may assign.
(d) The GECCO shall be headed by the Coordinator. Its staff may include,
as determined by the Coordinator: (1) personnel with relevant expertise
detailed on a non-reimbursable basis from other agencies; (2) senior and
other technical advisers; (3) executive-level personnel; and (4) such other
personnel as the Secretary may request to support the GECCO. To accomplish
this mission, the heads of agencies shall, upon request, provide to the
GECCO, on a non-reimbursable basis, assistance, services, and other support
including but not limited to logistical and administrative support and details
of personnel to the extent permitted by law. Non-reimbursable details to
the GECCO shall be based on reasonable requests from the Coordinator
in light of the need for specific expertise, and after consultation with the
relevant agency, to the extent permitted by law.
(e) The GECCO shall terminate at the end of the maximum period permitted
by section 3161(a)(1) of title 5, United States Code, unless sooner terminated
by the Secretary consistent with section 3161(a)(2) of such title.
(f) The termination of the GECCO as required by subsection (e) of this
section shall not be interpreted to imply the termination, attenuation or
amendment of any other authority or provision of this order.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
March 14, 2016.
[FR Doc. 2016–06250
Filed 3–16–16; 11:15 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2016-04770 (13720) | Presidential Documents
11089
Federal Register
Vol. 81, No. 41
Wednesday, March 2, 2016
Title 3—
The President
Executive Order 13720 of February 26, 2016
Delegation of Certain Authorities and Assignment of Certain
Functions Under the Trade Preferences Extension Act of 2015
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Trade Preferences Exten-
sion Act of 2015 (the ‘‘Act’’) (Public Law 114–27), and section 301 of
title 3, United States Code, I hereby order as follows:
Section 1. Authorities and Functions under the Act. (a) Except as provided
in subsections (b), (c), and (d) of this section, the authorities granted to
and functions specifically assigned to the President under title I of the
Act are delegated and assigned, respectively, to the United States Trade
Representative (U.S. Trade Representative).
(b) The exercise of the following authorities of, and functions specifically
assigned to the President under title I of the Act are not delegated or
assigned under this order:
(i) section 104(c) of the Act;
(ii) sections 105(a) and (b) of the Act; and
(iii) sections 506A(d)(3)(B) and (d)(4)(C) of the Trade Act of 1974 (as
amended by the Act).
(c) The functions of the President under section 13(c) of the AGOA Accel-
eration Act of 2004, as added by section 109 of the Act, are assigned
to the Administrator of the United States Agency for International Develop-
ment, in collaboration with the Secretary of Agriculture.
(d) The functions of the President under section 110(a) of the Act are
assigned to the U.S. Trade Representative, in consultation with the Secretary
of State.
Sec. 2. Reducing Poverty and Eliminating Hunger. The U.S. Trade Representa-
tive, with the advice and assistance of other executive departments and
agencies involved in international programs to reduce poverty and eliminate
hunger, shall perform the reporting function under section 701 of the Act.
Sec. 3. General Provisions. (a) In exercising authority delegated by or per-
forming functions assigned in this order, officers of the United States:
(i) shall ensure that all actions taken by them are consistent with the
President’s constitutional authority to (A) conduct the foreign affairs of
the United States, including the commencement, conduct, and termination
of negotiations with foreign countries and international organizations; (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 duties; (C) recommend
for congressional consideration such measures as the President may judge
necessary or expedient; and (D) supervise the executive branch; and
(ii) may redelegate authority delegated by this order and may further
assign functions assigned by this order to officers of any other department
or agency within the executive branch to the extent permitted by law,
and such redelegation or further assignment shall be published in the
Federal Register.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
February 26, 2016.
[FR Doc. 2016–04770
Filed 3–1–16; 11:15 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2016-03141 (13719) | Presidential Documents
7687
Federal Register
Vol. 81, No. 29
Friday, February 12, 2016
Title 3—
The President
Executive Order 13719 of February 9, 2016
Establishment of the Federal Privacy Council
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. The mission of the United States Government is to serve
its people. In order to accomplish its mission, the Government lawfully
collects, maintains, and uses large amounts of information about people
in a wide range of contexts. Protecting privacy in the collection and handling
of this information is fundamental to the successful accomplishment of
the Government’s mission. The proper functioning of Government requires
the public’s trust, and to maintain that trust the Government must strive
to uphold the highest standards for collecting, maintaining, and using per-
sonal data. Privacy has been at the heart of our democracy from its inception,
and we need it now more than ever.
Executive departments and agencies (agencies) already take seriously their
mission to protect privacy and have been working diligently to advance
that mission through existing interagency mechanisms. Today’s challenges,
however, require that we find even more effective and innovative ways
to improve the Government’s efforts. Our efforts to meet these new challenges
and preserve our core value of privacy, while delivering better and more
effective Government services for the American people, demand leadership
and enhanced coordination and collaboration among a diverse group of
stakeholders and experts.
Therefore, it shall be the policy of the United States Government that agencies
shall establish an interagency support structure that: builds on existing
interagency efforts to protect privacy and provides expertise and assistance
to agencies; expands the skill and career development opportunities of agency
privacy professionals; improves the management of agency privacy programs
by identifying and sharing lessons learned and best practices; and promotes
collaboration between and among agency privacy professionals to reduce
unnecessary duplication of efforts and to ensure the effective, efficient,
and consistent implementation of privacy policy Government-wide.
Sec. 2. Policy on Senior Agency Officials for Privacy. Within 120 days
of the date of this order, the Director of the Office of Management and
Budget (Director) shall issue a revised policy on the role and designation
of the Senior Agency Officials for Privacy. The policy shall provide guidance
on the Senior Agency Official for Privacy’s responsibilities at their agencies,
required level of expertise, adequate level of resources, and other matters
as determined by the Director. Agencies shall implement the requirements
of the policy within a reasonable time frame as prescribed by the Director
and consistent with applicable law.
Sec. 3. Responsibilities of Agency Heads. The head of each agency, consistent
with guidance to be issued by the Director as required in section 2 of
this order, shall designate or re-designate a Senior Agency Official for Privacy
with the experience and skills necessary to manage an agency-wide privacy
program. In addition, the head of each agency, to the extent permitted
by law and consistent with ongoing activities, shall work with the Federal
Privacy Council, established in section 4 of this order.
Sec. 4. The Federal Privacy Council.
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(a) Establishment. There is hereby established the Federal Privacy Council
(Privacy Council) as the principal interagency forum to improve the Govern-
ment privacy practices of agencies and entities acting on their behalf. The
establishment of the Privacy Council will help Senior Agency Officials for
Privacy at agencies better coordinate and collaborate, educate the Federal
workforce, and exchange best practices. The activities of the Privacy Council
will reinforce the essential work that agency privacy officials undertake
every day to protect privacy.
(b) Membership. The Chair of the Privacy Council shall be the Deputy
Director for Management of the Office of Management and Budget. The
Chair may designate a Vice Chair, establish working groups, and assign
responsibilities for operations of the Privacy Council as he or she deems
necessary. In addition to the Chair, the Privacy Council shall be composed
of the Senior Agency Officials for Privacy at the following agencies:
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or othewise affect:
(i) Department of State;
(ii) Department of the Treasury;
(iii) Department of Defense;
(iv) Department of Justice;
(v) Department of the Interior;
(vi) Department of Agriculture;
(vii) Department of Commerce;
(viii) Department of Labor;
(ix) Department of Health and Human Services;
(x) Department of Homeland Security;
(xi) Department of Housing and Urban Development;
(xii) Department of Transportation;
(xiii) Department of Energy;
(xiv) Department of Education;
(xv) Department of Veterans Affairs;
(xvi) Environmental Protection Agency;
(xvii) Office of the Director of National Intelligence;
(xviii) Small Business Administration;
(xix) National Aeronautics and Space Administration;
(xx) Agency for International Development;
(xxi) General Services Administration;
(xxii) National Science Foundation;
(xxiii) Office of Personnel Management; and
(xxiv) National Archives and Records Administration.
The Privacy Council may also include other officials from agencies and
offices, as the Chair may designate, and the Chair may invite the participation
of officials from such independent agencies as he or she deems appropriate.
(c) Functions. The Privacy Council shall:
(i) develop recommendations for the Office of Management and Budget
on Federal Government privacy policies and requirements;
(ii) coordinate and share ideas, best practices, and approaches for protecting
privacy and implementing appropriate privacy safeguards;
(iii) assess and recommend how best to address the hiring, training, and
professional development needs of the Federal Government with respect
to privacy matters; and
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(iv) perform other privacy-related functions, consistent with law, as des-
ignated by the Chair.
(d) Coordination.
(i) The Chair and the Privacy Council shall coordinate with the Federal
Chief Information Officers Council (CIO Council) to promote consistency
and efficiency across the executive branch when addressing privacy and
information security issues. In addition, the Chairs of the Privacy Council
and the CIO Council shall coordinate to ensure that the work of the
two councils is complementary and not duplicative.
(ii) The Chair and the Privacy Council should coordinate, as appropriate,
with such other interagency councils and councils and offices within
the Executive Office of the President, as appropriate, including the Presi-
dent’s Management Council, the Chief Financial Officers Council, the Presi-
dent’s Council on Integrity and Efficiency, the National Science and Tech-
nology Council, the National Economic Council, the Domestic Policy Coun-
cil, the National Security Council staff, the Office of Science and Tech-
nology Policy, the Interagency Council on Statistical Policy, the Federal
Acquisition Regulatory Council, and the Small Agency Council.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to a department, agency, or the head
thereof; or
(ii) the functions of the Director relating to budgetary, administrative,
or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) Independent agencies are encouraged to comply with the requirements
of this order.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
February 9, 2016.
[FR Doc. 2016–03141
Filed 2–11–16; 11:15 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2016-02475 (13717) | Presidential Documents
6407
Federal Register
Vol. 81, No. 24
Friday, February 5, 2016
Title 3—
The President
Executive Order 13717 of February 2, 2016
Establishing a Federal Earthquake Risk Management Stand-
ard
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Earthquake Hazards
Reduction Act of 1977, as amended, and section 121(a) of title 40, United
States Code, and to improve the Nation’s resilience to earthquakes, I hereby
direct the following:
Section 1. Policy. It is the policy of the United States to strengthen the
security and resilience of the Nation against earthquakes, to promote public
safety, economic strength, and national security. To that end, the Federal
Government must continue to take proactive steps to enhance the resilience
of buildings that are owned, leased, financed, or regulated by the Federal
Government. When making investment decisions related to Federal buildings,
each executive department and agency (agency) responsible for implementing
this order shall seek to enhance resilience by reducing risk to the lives
of building occupants and improving continued performance of essential
functions following future earthquakes. The Federal Government recognizes
that building codes and standards primarily focus on ensuring minimum
acceptable levels of earthquake safety for preserving the lives of building
occupants. To achieve true resilience against earthquakes, however, new
and existing buildings may need to exceed those codes and standards to
ensure, for example, that the buildings can continue to perform their essential
functions following future earthquakes. Agencies are thus encouraged to
consider going beyond the codes and standards set out in this order to
ensure that buildings are fully earthquake resilient.
Sec. 2. Requirements for Earthquake Safety of New Federal Buildings, Im-
provements to Existing Federal Buildings, and Federally Leased, Financed,
or Regulated Buildings.
(a) New Buildings and Alterations to Existing Buildings. Each agency
responsible for the design and construction of a new building or an alteration
to an existing building shall ensure that the building is designed, constructed,
or altered, respectively, in accord with appropriate earthquake-resistant de-
sign and construction codes and standards as set forth in sections 3(a)
and 3(b) of this order.
(b) Space Leased for Federal Occupancy. Each agency responsible for
the lease of a building shall, to the extent permitted by law, ensure that
it leases only buildings that have been designed and constructed in accord
with the appropriate earthquake-resistant design and construction standards
that apply to the type of lease at issue, as set forth in section 3(c) of
this order.
(c) Federal Assistance Programs. Each agency assisting in the financing,
through Federal grants or loans, or guaranteeing the financing, through loan
or mortgage insurance programs, of a newly constructed building shall con-
sider updating its procedures for providing the assistance to be consistent
with section 3(a) of this order, to assure appropriate consideration of earth-
quake safety.
(d) Federally Regulated Buildings. Each agency with responsibility for
regulating the structural safety of a new building shall consider using earth-
quake-resistant design and construction standards for the new building con-
sistent with section 3(a) of this order.
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Sec. 3. Codes, Standards, and Concurrent Requirements. (a) Commencing
within 90 days after the date of this order, each agency shall ensure that
every new building for which the agency has not started programming
is in compliance with the earthquake-resistant design provisions of the 2015
editions of the International Building Code (IBC) or the International Residen-
tial Code (IRC), nationally recognized building codes promulgated by the
International Code Council (ICC), or equivalent codes, consistent with the
provisions of and to the extent required by 40 U.S.C. 3312. When the
ICC releases a new version of the IRC or IBC, each agency that constructs
buildings shall determine whether the new version is a nationally recognized
code for the purposes of 40 U.S.C. 3312(b), as expeditiously as practicable,
but not later than 2 years after the release of the new version. If an agency
determines that a new version is a nationally recognized code, it shall
ensure that any building, for which the agency has not started programming,
shall be in compliance with that new version or an equivalent code.
(b) Each agency that owns an existing Federal building shall adopt the
Standards of Seismic Safety for Existing Federally Owned and Leased Build-
ings (Standards), which are developed, issued, and maintained by the Inter-
agency Committee on Seismic Safety in Construction (ICSSC), as the min-
imum level acceptable for managing the earthquake risks in that building.
Any agency that has not adopted the Standards at the time of this order
shall adopt the Standards no later than 90 days from the date of this
order. All agencies shall adopt subsequent editions of the Standards as
expeditiously as practicable, but no later than 2 years following their
issuance.
(c) Each agency that leases space in an existing building shall adopt
the Standards as the minimum level acceptable for managing the earthquake
risks in that building. This requirement shall apply to existing leases or
leases existing at the time of issuance of updated Standards only to the
extent appropriate, as determined by the leasing agency. With respect to
leases for a building being constructed to accommodate a Federal agency
under the authority in 40 U.S.C. 585(a), the leasing agency shall ensure
that the building complies with the earthquake-resistant design and construc-
tion standards that would apply to a building constructed by the agency
pursuant to section 3(a) of this order. With respect to such leases entered
into under authority other than 40 U.S.C. 585(a), the leasing agency shall
ensure that the building complies with the earthquake-resistant design and
construction standards that would apply to a building constructed by the
agency pursuant to section 3(a) of this order, to the extent permitted by
law.
(d) Agencies may require higher performance levels than exist in the
codes and standards described in sections 3(a), (b), and (c) of this order.
Sec. 4. Agency and Committee Responsibilities. (a) The ICSSC shall be
composed of representatives of all Federal agencies engaged in construction,
financing of construction, or related activities. The National Earthquake Haz-
ards Reduction Program (NEHRP) Lead Agency, currently the National Insti-
tute of Standards and Technology (NIST), shall lead the ICSSC, and shall
lead the development and maintenance of ICSSC guidelines to assist the
Federal agencies with implementing earthquake risk reduction measures
in their construction programs.
(b) Agencies whose activities are covered by this order shall designate
one or more Seismic Safety Coordinator(s) to serve as focal points for the
agency’s compliance with this order and to participate in the ICSSC as
appropriate. Within 30 days of the date of this order, each agency shall
identify its Seismic Safety Coordinator(s) to the Director of NIST.
(c) The Director of NIST, on behalf of the ICSSC, shall issue implementing
guidelines to assist agency compliance with this order within 8 months
of the date of this order. The implementing guidelines shall provide specific
guidance, including guidance about the roles and responsibilities of the
agencies under section 2 of this order. The implementing guidelines shall
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also describe the responsibilities and necessary qualifications of the Seismic
Safety Coordinator.
(d) The Director of NIST, on behalf of the ICSSC, shall provide assistance
in interpreting the implementing guidelines to the Federal departments and
agencies.
(e) The ICSSC shall publish updated Standards for assessing and enhancing
the earthquake resilience of existing buildings as required by this order.
The ICSSC shall review and update the Standards as needed to comply
with this order at the maximum interval of every 6 years. Participation
in the ICSSC shall continue to be open to all agencies with programs
affected by this order. The Director of NIST shall provide support for the
secretariat of the ICSSC and determine the frequency and scope of the
ICSSC meetings as necessary to support this order.
(f) Agencies whose activities are covered by this order shall submit biennial
reports to the Director of the Office of Management and Budget (OMB)
and the Director of NIST on their progress in implementing the order,
commencing 2 years from the date of this order.
(g) Agency compliance shall be summarized in the NEHRP reports to
the Congress.
Sec. 5. Revocation. Executive Order 12699 of January 5, 1990 (Seismic
Safety of Federal and Federally Assisted or Regulated New Building Construc-
tion), as amended, and Executive Order 12941 of December 1, 1994 (Seismic
Safety of Existing Federally Owned or Leased Buildings) are hereby revoked.
Sec. 6. Definitions. As used in this order:
(a) ‘‘building’’ means any structure, fully or partially enclosed, used or
intended for sheltering persons or property;
(b) ‘‘alteration to an existing building’’ means an action that alters, as
defined in 40 U.S.C. 3301(a)(1), a building and that significantly extends
the building’s useful life and totals more than the replacement values estab-
lished in the Standards for the building’s assigned Seismic Design Category;
and
(c) ‘‘programming’’ means developing and validating project assumptions,
scope, budgets, and implementation strategy for a building.
Sec. 7. Exemption Authority. (a) The head of an agency may exempt a
building from sections 2 and 3 of this order:
(i) to the extent the head of an agency determines that exempting such
building is substantially related to an important law enforcement purpose;
or
(ii) to the extent the head of an agency determines that exempting such
building is necessary to address an extraordinary circumstance relating
to national security or public safety.
(b) Even when otherwise eligible for an exemption under this section,
each agency shall strive to comply with the purposes, goals, and requirements
set forth in this order to the maximum extent practicable.
(c) If the head of an agency issues an exemption under this section,
the agency must notify the Director of OMB in writing within 30 days
of issuance of the exemption under this subsection.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
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against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(d) Nothing in this order shall apply to assistance provided for emergency
work essential to save lives and protect property and public health and
safety, performed pursuant to agencies’ statutory authorities, and sections
402, 403, 502, and 503 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (the ‘‘Stafford Act’’) (42 U.S.C. 5170a, 5170b, 5192, and
5193), or for temporary housing assistance programs and individual and
family grants performed pursuant to section 408 of the Stafford Act (42
U.S.C. 5174). This order shall, however, apply to other provisions of the
Stafford Act after a Presidentially declared major disaster or emergency
when assistance actions involve new construction or alterations to an existing
building.
(e) This order applies only to buildings within the United States and
its territories and possessions.
THE WHITE HOUSE,
February 2, 2016.
[FR Doc. 2016–02475
Filed 2–4–16; 11:15 am]
Billing code 3295–F6–P
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| Establishing a Federal Earthquake Risk Management Standard | 2016-02-02T00:00:00 | afc4ed1ef6526040958d2837c582b8cd73c0c394cc85887bf06c0b384f1d3c3d |
Presidential Executive Order | 2016-31922 (13757) | Presidential Documents
1
Federal Register
Vol. 82, No. 1
Tuesday, January 3, 2017
Title 3—
The President
Executive Order 13757 of December 28, 2016
Taking Additional Steps to Address the National Emergency
With Respect to Significant Malicious Cyber-Enabled Activi-
ties
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3,
United States Code,
I, BARACK OBAMA, President of the United States of America, in order
to take additional steps to deal with the national emergency with respect
to significant malicious cyber-enabled activities declared in Executive Order
13694 of April 1, 2015, and in view of the increasing use of such activities
to undermine democratic processes or institutions, hereby order:
Section 1. Section 1(a) of Executive Order 13694 is hereby amended to
read as follows:
‘‘Section 1. (a) All property and interests in property that are in the
United States, that hereafter come within the United States, or that are
or hereafter come within the possession or control of any United States
person of the following persons are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
(ii) any person determined by the Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State, to be responsible
for or complicit in, or to have engaged in, directly or indirectly, cyber-
enabled activities originating from, or directed by persons located, in
whole or in substantial part, outside the United States that are reasonably
likely to result in, or have materially contributed to, a significant threat
to the national security, foreign policy, or economic health or financial
stability of the United States and that have the purpose or effect of:
(A) harming, or otherwise significantly compromising the provision of
services by, a computer or network of computers that support one or
more entities in a critical infrastructure sector;
(B) significantly compromising the provision of services by one or more
entities in a critical infrastructure sector;
(C) causing a significant disruption to the availability of a computer
or network of computers;
(D) causing a significant misappropriation of funds or economic re-
sources, trade secrets, personal identifiers, or financial information for
commercial or competitive advantage or private financial gain; or
(E) tampering with, altering, or causing a misappropriation of information
with the purpose or effect of interfering with or undermining election
processes or institutions; and
(iii) any person determined by the Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State:
(A) to be responsible for or complicit in, or to have engaged in, the
receipt or use for commercial or competitive advantage or private financial
gain, or by a commercial entity, outside the United States of trade secrets
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misappropriated through cyber-enabled means, knowing they have been
misappropriated, where the misappropriation of such trade secrets is rea-
sonably likely to result in, or has materially contributed to, a significant
threat to the national security, foreign policy, or economy of the United
States;
(B) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
any activity described in subsections (a)(ii) or (a)(iii)(A) of this section
or any person whose property and interests in property are blocked pursu-
ant to this order;
(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; or
(D) to have attempted to engage in any of the activities described in
subsections (a)(ii) and (a)(iii)(A)–(C) of this section.’’
Sec. 2. Executive Order 13694 is further amended by adding as an Annex
to Executive Order 13694 the Annex to this order.
Sec. 3. Executive Order 13694 is further amended by redesignating section
10 as section 11 and adding a new section 10 to read as follows:
‘‘Sec. 10. The Secretary of the Treasury, in consultation with the Attorney
General and 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. 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.
Sec. 5. This order is effective at 12:01 a.m. eastern standard time on December
29, 2016.
THE WHITE HOUSE,
December 28, 2016.
Billing code 3295–F7–P
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[FR Doc. 2016–31922
Filed 12–30–16; 8:45 am]
Billing code 4811–33–C
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Annex
Entities
1. Main Intelligence Directorate (a.k.a. Glavnoe Razvedyvatel'noe Upravlenie)
(a.k.a. GRU); Moscow, Russia
2. Federal Security Service (a.k.a. Federalnaya Sluzhba Bezopasnosti) (a.k.a FSB);
Moscow, Russia
3. Special Technology Center (a.k.a. STLC, Ltd. Special Technology Center St.
Petersburg); St. Petersburg, Russia
4. Zorsecurity (a.k.a. Esage Lab); Moscow,
.. Russia
5. Autonomous Noncommercial Organization "Professional Association of
Designers of
Data Processing Systems" (a.k.a. ANO PO KSI); Moscow, Russia
Individuals
1. Igor Valentinovich Korobov; DOB Aug 3, 1956; nationality, Russian
2. Sergey Aleksandrovich Gizunov; DOB Oct 18, 1956; nationality, Russian
3. Igor Olegovich Kostyukov; DOB Feb 21, 1961; nationality, Russian
4. Vladimir Stepanovich Alexseyev; DOB Apr 24, 1961; nationality, Russian
| Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber- Enabled Activities | 2016-12-28T00:00:00 | 4bb1c79cbe2e0b7a0ce2586e5631f3f4ad21cad39653d0ab2e45f9babff1b6c0 |
Presidential Executive Order | 2016-09346 (13725) | Presidential Documents
23417
Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Presidential Documents
Executive Order 13725 of April 15, 2016
Steps to Increase Competition and Better Inform Consumers
and Workers to Support Continued Growth of the American
Economy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to protect American
consumers and workers and encourage competition in the U.S. economy,
it is hereby ordered as follows:
Section 1. Policy. Maintaining, encouraging, and supporting a fair, efficient,
and competitive marketplace is a cornerstone of the American economy.
Consumers and workers need both competitive markets and information
to make informed choices.
Certain business practices such as unlawful collusion, illegal bid rigging,
price fixing, and wage setting, as well as anticompetitive exclusionary con-
duct and mergers stifle competition and erode the foundation of America’s
economic vitality. The immediate results of such conduct—higher prices
and poorer service for customers, less innovation, fewer new businesses
being launched, and reduced opportunities for workers—can impact Ameri-
cans in every walk of life.
Competitive markets also help advance national priorities, such as the deliv-
ery of affordable health care, energy independence, and improved access
to fast and affordable broadband. Competitive markets also promote economic
growth, which creates opportunity for American workers and encourages
entrepreneurs to start innovative companies that create jobs.
The Department of Justice (DOJ) and the Federal Trade Commission (FTC)
have a proven record of detecting and stopping anticompetitive conduct
and challenging mergers and acquisitions that threaten to consolidate markets
and reduce competition.
Promoting competitive markets and ensuring that consumers and workers
have access to the information needed to make informed choices must
be a shared priority across the Federal Government. Executive departments
and agencies can contribute to these goals through, among other things,
pro-competitive rulemaking and regulations, and by eliminating regulations
that create barriers to or limit competition. Such Government-wide action
is essential to ensuring that consumers, workers, startups, small businesses,
and farms reap the full benefits of competitive markets.
Sec. 2. Agency Responsibilities. (a) Executive departments and agencies with
authorities that could be used to enhance competition (agencies) shall, where
consistent with other laws, use those authorities to promote competition,
arm consumers and workers with the information they need to make informed
choices, and eliminate regulations that restrict competition without cor-
responding benefits to the American public.
(b) Agencies shall identify specific actions that they can take in their
areas of responsibility to build upon efforts to detect abuses such as price
fixing, anticompetitive behavior in labor and other input markets, exclu-
sionary conduct, and blocking access to critical resources that are needed
for competitive entry. Behaviors that appear to violate our antitrust laws
should be referred to antitrust enforcers at DOJ and the FTC. Such a referral
shall not preclude further action by the referring agency against that behavior
under that agency’s relevant statutory authority.
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(c) Agencies shall also identify specific actions that they can take in
their areas of responsibility to address undue burdens on competition. As
permitted by law, agencies shall consult with other interested parties to
identify ways that the agency can promote competition through pro-competi-
tive rulemaking and regulations, by providing consumers and workers with
information they need to make informed choices, and by eliminating regula-
tions that restrict competition without corresponding benefits to the American
public.
(d) Not later than 30 days from the date of this order, agencies shall
submit to the Director of the National Economic Council an initial list
of (1) actions each agency can potentially take to promote more competitive
markets; (2) any specific practices, such as blocking access to critical re-
sources, that potentially restrict meaningful consumer or worker choice or
unduly stifle new market entrants, along with any actions the agency can
potentially take to address those practices; and (3) any relevant authorities
and tools potentially available to enhance competition or make information
more widely available for consumers and workers.
(e) Not later than 60 days from the date of this order, agencies shall
report to the President, through the Director of the National Economic Coun-
cil, recommendations on agency-specific actions that eliminate barriers to
competition, promote greater competition, and improve consumer access
to information needed to make informed purchasing decisions. Such rec-
ommendations shall include a list of priority actions, including rulemakings,
as well as timelines for completing those actions.
(f) Subsequently, agencies shall report semi-annually to the President,
through the Director of the National Economic Council, on additional actions
that they plan to undertake to promote greater competition.
(g) Sections 2(d), 2(e), and 2(f) of this order do not require reporting
of information related to law enforcement policy and activities.
Sec. 3. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(b) Independent agencies are strongly encouraged to comply with the
requirements of this order.
(c) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head
thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
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(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
April 15, 2016.
[FR Doc. 2016–09346
Filed 4–19–16; 11:15 am]
Billing code 3295–F6–P
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| Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy | 2016-04-15T00:00:00 | 2d2353ce3df36c9d386144331708c66e0b749f8f23297f30058350a13e48fda9 |
Presidential Executive Order | 2016-03038 (13718) | Presidential Documents
7441
Federal Register
Vol. 81, No. 29
Friday, February 12, 2016
Title 3—
The President
Executive Order 13718 of February 9, 2016
Commission on Enhancing National Cybersecurity
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 cybersecurity
awareness and protections at all levels of Government, business, and society,
to protect privacy, to ensure public safety and economic and national secu-
rity, and to empower Americans to take better control of their digital security,
it is hereby ordered as follows:
Section 1. Establishment. There is established within the Department of
Commerce the Commission on Enhancing National Cybersecurity (Commis-
sion).
Sec. 2. Membership. (a) The Commission shall be composed of not more
than 12 members appointed by the President. The members of the Commis-
sion may include those with knowledge about or experience in cybersecurity,
the digital economy, national security and law enforcement, corporate govern-
ance, risk management, information technology (IT), privacy, identity man-
agement, Internet governance and standards, government administration, dig-
ital and social media, communications, or any other area determined by
the President to be of value to the Commission. The Speaker of the House
of Representatives, the Minority Leader of the House of Representatives,
the Majority Leader of the Senate, and the Minority Leader of the Senate
are each invited to recommend one individual for membership on the Com-
mission. No federally registered lobbyist or person presently otherwise em-
ployed by the Federal Government may serve on the Commission.
(b) The President shall designate one member of the Commission to serve
as the Chair and one member of the Commission to serve as the Vice
Chair.
Sec. 3. Mission and Work. The Commission will make detailed recommenda-
tions to strengthen cybersecurity in both the public and private sectors
while protecting privacy, ensuring public safety and economic and national
security, fostering discovery and development of new technical solutions,
and bolstering partnerships between Federal, State, and local government
and the private sector in the development, promotion, and use of cybersecu-
rity technologies, policies, and best practices. The Commission’s rec-
ommendations should address actions that can be taken over the next decade
to accomplish these goals.
(a) In developing its recommendations, the Commission shall identify
and study actions necessary to further improve cybersecurity awareness,
risk management, and adoption of best practices throughout the private
sector and at all levels of government. These areas of study may include
methods to influence the way individuals and organizations perceive and
use technology and approach cybersecurity as consumers and providers
in the digital economy; demonstrate the nature and severity of cybersecurity
threats, the importance of mitigation, and potential ways to manage and
reduce the economic impacts of cyber risk; improve access to the knowledge
needed to make informed cyber risk management decisions related to privacy,
economic impact, and business continuity; and develop partnerships with
industry, civil society, and international stakeholders. At a minimum, the
Commission shall develop recommendations regarding:
(i) how best to bolster the protection of systems and data, including
how to advance identity management, authentication, and cybersecurity
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of online identities, in light of technological developments and other
trends;
(ii) ensuring that cybersecurity is a core element of the technologies associ-
ated with the Internet of Things and cloud computing, and that the policy
and legal foundation for cybersecurity in the context of the Internet of
Things is stable and adaptable;
(iii) further investments in research and development initiatives that can
enhance cybersecurity;
(iv) increasing the quality, quantity, and level of expertise of the cybersecu-
rity workforce in the Federal Government and private sector, including
through education and training;
(v) improving broad-based education of commonsense cybersecurity prac-
tices for the general public; and
(vi) any other issues that the President, through the Secretary of Commerce
(Secretary), requests the Commission to consider.
(b) In developing its recommendations, the Commission shall also identify
and study advances in technology, management, and IT service delivery
that should be developed, widely adopted, or further tested throughout
the private sector and at all levels of government, and in particular in
the Federal Government and by critical infrastructure owners and operators.
These areas of study may include cybersecurity technologies and other ad-
vances that are responsive to the rapidly evolving digital economy, and
approaches to accelerating the introduction and use of emerging methods
designed to enhance early detection, mitigation, and management of cyber
risk in the security and privacy, and business and governance sectors. At
a minimum, the Commission shall develop recommendations regarding:
(i) governance, procurement, and management processes for Federal civil-
ian IT systems, applications, services, and infrastructure, including the
following:
(A) a framework for identifying which IT services should be developed
internally or shared across agencies, and for specific investment priorities
for all such IT services;
(B) a framework to ensure that as Federal civilian agencies procure,
modernize, or upgrade their IT systems, cybersecurity is incorporated into
the process;
(C) a governance model for managing cybersecurity risk, enhancing resil-
ience, and ensuring appropriate incident response and recovery in the
operations of, and delivery of goods and services by, the Federal Govern-
ment; and
(D) strategies to overcome barriers that make it difficult for the Federal
Government to adopt and keep pace with industry best practices;
(ii) effective private sector and government approaches to critical infrastruc-
ture protection in light of current and projected trends in cybersecurity
threats and the connected nature of the United States economy;
(iii) steps State and local governments can take to enhance cybersecurity,
and how the Federal Government can best support such steps; and
(iv) any other issues that the President, through the Secretary, requests
the Commission to consider.
(c) To accomplish its mission, the Commission shall:
(i) reference and, as appropriate, build on successful existing cybersecurity
policies, public-private partnerships, and other initiatives;
(ii) consult with cybersecurity, national security and law enforcement,
privacy, management, technology, and digital economy experts in the pub-
lic and private sectors;
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(iii) seek input from those who have experienced significant cybersecurity
incidents to understand lessons learned from these experiences, including
identifying any barriers to awareness, risk management, and investment;
(iv) review reported information from the Office of Management and Budget
regarding Federal information and information systems, including legacy
systems, in order to assess critical Federal civilian IT infrastructures,
governance, and management processes;
(v) review the impact of technological trends and market forces on existing
cybersecurity policies and practices; and
(vi) examine other issues related to the Commission’s mission that the
Chair and Vice Chair agree are necessary and appropriate to the Commis-
sion’s work.
(d) Where appropriate, the Commission may conduct original research,
commission studies, and hold hearings to further examine particular issues.
(e) The Commission shall be advisory in nature and shall submit a final
report to the President by December 1, 2016. This report shall be published
on a public Web site along with any appropriate response from the President
within 45 days after it is provided to the President.
Sec. 4. Administration. (a) The Commission shall hold periodic meetings
in public forums in an open and transparent environment.
(b) In carrying out its mission, the Commission shall be informed by,
and shall strive to avoid duplicating, the efforts of other governmental enti-
ties.
(c) The Commission shall have a staff, headed by an Executive Director,
which shall provide support for the functions of the Commission. The Sec-
retary shall appoint the Executive Director, who shall be a full-time Federal
employee, and the Commission’s staff. The Executive Director may also
serve as the Designated Federal Officer in accordance with the Federal
Advisory Committee Act, as amended, 5 U.S.C. App. (FACA, the ‘‘Act’’).
(d) The Executive Director, in consultation with the Chair and Vice Chair,
shall have the authority to create subcommittees as necessary to support
the Commission’s work and to examine particular areas of importance. These
subcommittees must report their work to the Commission to inform its
final recommendations.
(e) The Secretary will work with the heads of executive departments
and agencies, to the extent permitted by law and consistent with their
ongoing activities, to provide the Commission such information and coopera-
tion as it may require for purposes of carrying out its mission.
Sec. 5. Termination. The Commission shall terminate within 15 days after
it presents its final report to the President, unless extended by the President.
Sec. 6. General Provisions. (a) To the extent permitted by law, and subject
to the availability of appropriations, the Secretary shall direct the Director
of the National Institute of Standards and Technology to provide the Commis-
sion with such expertise, services, funds, facilities, staff, equipment, and
other support services as may be necessary to carry out its mission.
(b) Insofar as FACA may apply to the Commission, any functions of
the President under that Act, except for those in section 6 and section
14 of that Act, shall be performed by the Secretary.
(c) Members of the Commission shall serve without any compensation
for their work on the Commission, but shall be allowed travel expenses,
including per diem in lieu of subsistence, to the extent permitted by law
for persons serving intermittently in the Government service (5 U.S.C. 5701–
5707).
(d) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department, agency, or the head
thereof; or
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(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(e) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
February 9, 2016.
[FR Doc. 2016–03038
Filed 2–11–16; 8:45 am]
Billing code 3295–F6–P
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| Commission on Enhancing National Cybersecurity | 2016-02-09T00:00:00 | 955003216defb6f859fdba6f4bc3473fd4838a7cfcc214151844abfffe849490 |
Presidential Executive Order | 2016-06355 (13722) | Presidential Documents
14943
Federal Register
Vol. 81, No. 53
Friday, March 18, 2016
Title 3—
The President
Executive Order 13722 of March 15, 2016
Blocking Property of the Government of North Korea and the
Workers’ Party of Korea, and Prohibiting Certain Trans-
actions With Respect to North Korea
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.), the United Nations Participation Act
of 1945 (22 U.S.C. 287c) (UNPA), the North Korea Sanctions and Policy
Enhancement Act of 2016 (Public Law 114–122), section 212(f) of the Immi-
gration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301
of title 3, United States Code, and in view of United Nations Security
Council Resolution (UNSCR) 2270 of March 2, 2016,
I, BARACK OBAMA, President of the United States of America, find that
the Government of North Korea’s continuing pursuit of its nuclear and
missile programs, as evidenced most recently by its February 7, 2016, launch
using ballistic missile technology and its January 6, 2016, nuclear test in
violation of its obligations pursuant to numerous UNSCRs and in contraven-
tion of its commitments under the September 19, 2005, Joint Statement
of the Six-Party Talks, increasingly imperils the United States and its allies.
To address those actions, and to take additional steps with respect to the
national emergency declared in Executive Order 13466 of June 26, 2008,
as modified in scope and relied upon for additional steps in subsequent
Executive Orders, I hereby order:
Section 1. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person of the
Government of North Korea or the Workers’ Party of Korea are blocked
and may not be transferred, paid, exported, withdrawn, or otherwise dealt
in.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order or pursuant to the export
control authorities implemented by the Department of Commerce, and not-
withstanding any contract entered into or any license or permit granted
prior to the effective date of this order.
Sec. 2. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person of the
following persons are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in: any person determined by the Secretary
of the Treasury, in consultation with the Secretary of State:
(i) to operate in any industry in the North Korean economy as may
be determined by the Secretary of the Treasury, in consultation with
the Secretary of State, to be subject to this subsection, such as transpor-
tation, mining, energy, or financial services;
(ii) to have sold, supplied, transferred, or purchased, directly or indirectly,
to or from North Korea or any person acting for or on behalf of the
Government of North Korea or the Workers’ Party of Korea, metal, graphite,
coal, or software, where any revenue or goods received may benefit the
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Government of North Korea or the Workers’ Party of Korea, including
North Korea’s nuclear or ballistic missile programs;
(iii) to have engaged in, facilitated, or been responsible for an abuse
or violation of human rights by the Government of North Korea or the
Workers’ Party of Korea or any person acting for or on behalf of either
such entity;
(iv) to have engaged in, facilitated, or been responsible for the exportation
of workers from North Korea, including exportation to generate revenue
for the Government of North Korea or the Workers’ Party of Korea;
(v) to have engaged in significant activities undermining cybersecurity
through the use of computer networks or systems against targets outside
of North Korea on behalf of the Government of North Korea or the Workers’
Party of Korea;
(vi) to have engaged in, facilitated, or been responsible for censorship
by the Government of North Korea or the Workers’ Party of Korea;
(vii) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
any person whose property and interests in property are blocked pursuant
to this order;
(viii) 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
(ix) to have attempted to engage in any of the activities described in
subsections (a)(i)–(viii) of this section.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order. The prohibitions in subsection (a) of this section
are in addition to export control authorities implemented by the Department
of Commerce.
Sec. 3. (a) The following are prohibited:
(i) the exportation or reexportation, direct or indirect, from the United
States, or by a United States person, wherever located, of any goods,
services, or technology to North Korea;
(ii) new investment in North Korea by a United States person, wherever
located; and
(iii) any approval, financing, facilitation, or guarantee by a United States
person, wherever located, of a transaction by a foreign person where
the transaction by that foreign person would be prohibited by this section
if performed by a United States person or within the United States.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order or pursuant to the export
control authorities implemented by the Department of Commerce, and not-
withstanding any contract entered into or any license or permit granted
prior to the effective date of this order.
Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in subsection 2(a) of this order would be detrimental to
the interests of the United States, and I hereby suspend entry into the
United States, as immigrants or nonimmigrants, of such persons. Such per-
sons shall be treated as persons covered by section 1 of Proclamation 8693
of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 5. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
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to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 or 2 of this order would seriously impair
my ability to deal with the national emergency declared in Executive Order
13466, and I hereby prohibit such donations as provided by sections 1
and 2 of this order.
Sec. 6. The prohibitions in sections 1 and 2 of this order include but
are not limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 7. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 8. Nothing in this order shall prohibit transactions for the conduct
of the official business of the Federal Government or the United Nations
(including its specialized agencies, programmes, funds, and related organiza-
tions) by employees, grantees, or contractors thereof.
Sec. 9. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States; and
(d) the term ‘‘Government of North Korea’’ means the Government of
the Democratic People’s Republic of Korea and its agencies, instrumentalities,
and controlled entities.
Sec. 10. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 13466, there need be
no prior notice of a listing or determination made pursuant to section
1 or 2 of this order.
Sec. 11. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and 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.
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Sec. 12. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
Sec. 13. This order is effective at 12:01 a.m. eastern daylight time on March
16, 2016.
THE WHITE HOUSE,
March 15, 2016.
[FR Doc. 2016–06355
Filed 3–17–16; 11:15 am]
Billing code 3295–F6–P
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| Blocking Property of the Government of North Korea and the Workers' Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea | 2016-03-15T00:00:00 | f147db53925d7f22f7b08ad60ec59269368bfdfd0e24998f9c5d1ff80a1d6bc3 |
Presidential Executive Order | 2015-32060 (13714) | Presidential Documents
79225
Federal Register
Vol. 80, No. 243
Friday, December 18, 2015
Title 3—
The President
Executive Order 13714 of December 15, 2015
Strengthening the Senior Executive Service
By the authority vested in me as President by the Constitution and the
laws of the United States of America, in order to strengthen the recruitment,
hiring, and development of the Federal Government’s senior executives;
I hereby order as follows:
Section 1. Policy. It is in the national interest to facilitate career executive
continuity between administrations; to increase senior leadership attention
to, and involvement in, executive recruitment; to reduce unnecessary burdens
on applicants for executive positions; and to efficiently document dem-
onstrated executive experience. Furthermore, it is imperative to periodically
explore and promote new selection methods that effectively and efficiently
identify the most capable and talented candidates for executive leadership
positions to enhance the breadth and diversity of experiences among our
Federal executives; to better support, recognize, and reward our executives,
especially our top performers; and to strengthen executive accountability,
all while maintaining a system that is focused on the public interest and
free from improper political influence. An important aspect of strengthening
our Senior Executive Service (SES) members is valuing the work they do
every day, rewarding excellence, professionalism, and outstanding achieve-
ment through special act awards, Presidential Rank Awards, and other non-
monetary and honorary awards. Consistent with the requirements of Execu-
tive Order 13583 of August 18, 2011 (Establishing a Coordinated Government-
Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce),
and with merit-based principles, this order continues to support executive
departments and agencies (agencies) to develop and implement a comprehen-
sive, integrated, and strategic focus on diversity and inclusion as a key
component of the recruitment, hiring, retention, and development of their
SES cadre. Pursuing these goals will significantly improve the Federal Gov-
ernment’s ability to serve the American people. Unless otherwise noted,
this order applies to career members of the SES.
Section 2 of this order establishes, under the President’s Management
Council (PMC), a Subcommittee to advise the Office of Personnel Manage-
ment (OPM), the PMC, and the President on senior executive matters, help
monitor execution of an important set of executive reforms contained in
section 3 of this order, and help keep the Federal Government’s executive
management practices current and effective. In order to identify and maxi-
mize the use of best practices, requirements in sections 3(b)(i)–(iv) of this
order will be implemented in three phases, with Phase I consisting of
seven agencies, which will execute those reforms in fiscal year (FY) 2016;
Phase II consisting of seven agencies, which will execute those reforms
in FY 2017; and Phase III consisting of all other agencies, which will
execute those reforms in FY 2018.
Sec. 2. Establishment of PMC Subcommittee to Strengthen the Senior Execu-
tive Service. There is established the PMC Subcommittee to Strengthen the
Senior Executive Service (Subcommittee) to inform and support Government-
wide priorities for improved management of senior executives identified
by the Deputy Director for Management of the Office of Management and
Budget (OMB) in consultation with the Director of OPM. The Subcommittee
shall consist of five members of the PMC: the Deputy Director for Management
of OMB, the Director of OPM, and three other members of the PMC. The
Subcommittee will be advised by at least two career members of the SES
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to be determined by the members of the Subcommittee, and shall collaborate
with the Chief Human Capital Officers Council. Expressions of interest to
serve on the Subcommittee will be solicited, and final selections will be
made by the Deputy Director for Management of OMB in consultation with
the Director of OPM. The Subcommittee will advise OPM, members of
the PMC, and the President on ways to strengthen and improve the SES
workforce, as outlined in this order. In addition, it will identify any Govern-
ment-wide obstacles it perceives to executive management, assist OPM in
facilitating career executive continuity between administrations, and facilitate
communication among the SES cadre.
Sec. 3. Requirements. Under the direction, or, in the case of sections 3(a)(i)
and 3(b)(ii) of this order, the guidance, of the Director of OPM, and in
consultation with OMB and the PMC Subcommittee, agencies shall undertake
the following actions:
(a) Actions for Immediate Government-wide Implementation.
(i) Starting in FY 2017, agencies should limit their aggregate spending
on agency performance awards for SES and Senior Level (SL) and Senior
Scientific or Professional (ST) employees to 7.5 percent of aggregate SES
and SL/ST salaries respectively. OMB and OPM shall undertake a review
of, and revise as appropriate, their current guidance regarding aggregate
spending on such awards. In addition, agencies should allocate awards
in a manner that provides meaningfully greater rewards to top performers.
Within 120 days of the date of this order, OPM shall issue, as appropriate,
additional guidance regarding the distribution of such awards.
(ii) The heads of agencies with SES positions that supervise General
Schedule (GS) employees shall implement policies, as permitted by and
consistent with applicable law and regulation, for initial pay setting and
pay adjustments, as appropriate, for career SES appointees to result in
compensation exceeding the rates of pay, including locality pay, of their
subordinate GS employees. Similar policies shall be implemented by heads
of agencies for Senior Professional (i.e., SL or ST) employees that supervise
GS employees. Such policies and practices support, recognize, and reward
agency executives, especially top performers, in a manner commensurate
with their roles, responsibilities, and contributions, and may increase the
competitiveness of SES positions with comparable positions outside of
Government.
(iii) Within 90 days of the date of this order, OPM shall evaluate the
current Qualifications Review Board (QRB) process and issue guidance
to agencies about materials that would be acceptable for QRB consideration
and that will serve as an alternative or replacement to the current lengthy
essay requirement for QRB submission, which may deter qualified appli-
cants for SES positions or put an additional burden on human resources
staff. The guidance shall also advise agencies about ways to streamline
their initial application requirements for SES positions, including evalua-
tion of options, such as allowing individuals to apply by only submitting
a resume-based application and any additional materials necessary to deter-
mine relevant qualifications, consistent with the new QRB submission
requirements.
(iv) Within 120 days of OPM issuing the guidance described in section
3(a)(iii) of this order, the heads of agencies with SES positions shall
examine the agency’s career SES hiring process and make changes to
the process to make it more efficient, effective, and less burdensome
for all participants. Agencies shall simplify the initial application require-
ments for SES positions consistent with the guidance issued in section
3(a)(iii) of this order, and should only request critically necessary technical
qualifications, with the goal of minimizing requirements that may deter
qualified applicants from applying. Agencies shall also monitor time to
hire of SES positions, and identify appropriate process improvements
or other changes that can help reduce time to hire while ensuring high
quality of hires.
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(v) By May 31, 2016, the heads of agencies with 20 or more SES positions
shall develop and submit to OPM a 2-year plan to increase the number
of SES members who are rotating to improve talent development, mission
delivery and collaboration. While agency specific targets will not be re-
quired, this order establishes a Government-wide goal of 15 percent of
SES members rotating for a minimum of 120 days (including to different
departments, agencies, subcomponents, functional areas, sectors, and non-
federal partners) during FY 2017, and thereafter, in order to ensure the
mobility of the corps while also maintaining stability of operations. Within
45 days of the date of this order, OPM shall issue guidance for implementa-
tion of section 3(a)(v) of this order. OPM shall evaluate the percentages
set forth in this subsection on an ongoing basis and make adjustments
as necessary and appropriate. These plans shall take into consideration
the policy priorities of the agency, agency needs and rules in the context
of administration transitions, needs identified in agency hiring plans and
succession plans, the development opportunities listed in individuals’
Executive Development Plans (EDP), and the Federal Government’s interest
in cultivating generalist executives with broad and diverse experiences
who can lead a variety of organizations. These plans shall build on existing
succession management processes and those established in section 3(b)(i)
of this order to ensure high potential and top performers have an oppor-
tunity to cycle through rotations. These plans shall also incorporate, as
appropriate, flexibilities agencies have such as the Intergovernmental Per-
sonnel Act (implemented in 5 CFR part 334) to encourage SES members
to pursue temporary assignments to State and local governments, colleges
and universities, tribal governments, and other eligible organizations, and
to better understand the impact of the Federal Government’s work on
those it serves. Finally, these plans shall include an assessment of the
degree to which these rotation assignments achieve the desired goals for
the individual and agency.
(b) Actions for Phased Implementation. Under the direction, or, in the
case of section 3(b)(ii) of this order, the guidance, of the Director of OPM,
in consultation with OMB and the PMC Subcommittee, the reforms listed
in sections 3(b)(i)–(iv) of this order shall be implemented by agencies on
the following schedule: the Secretaries of Defense, Energy, Health and Human
Services, Housing and Urban Development, and Veterans Affairs; the Admin-
istrator of General Services; and the Director of OPM shall implement these
reforms by September 30, 2016; the Secretaries of Agriculture, Education,
Labor, and Transportation, and the Administrators of the National Aero-
nautics and Space Administration, the Environmental Protection Agency,
and the Small Business Administration shall implement these reforms by
September 30, 2017; the Secretaries of State, the Treasury, the Interior,
Commerce, and Homeland Security, the Attorney General, and the Adminis-
trator of the U.S. Agency for International Development, as well as the
Directors of OMB and the National Science Foundation, shall implement
these reforms by September 30, 2018. By October 1 of each year, OPM
shall issue additional guidance after each phase of implementation that
reflects lessons learned and any adjustments to these reforms based on
the agencies that have implemented them. By the respective date specified
above, the heads of agencies shall:
(i) Establish an annual talent management and succession planning process
to assess the development needs of all SES members, and SL and ST
employees as appropriate, to inform readiness decisions about hiring, career
development, and executive reassignments and rotations. These assess-
ments shall include input from each executive, as well as the executive’s
supervisor, and shall be used to recommend development activities and
inform the organization’s succession planning, decisions about duty assign-
ments, and agency hiring plans;
(ii) Proactively recruit individuals for vacant SES positions and regularly
review those recruitment efforts at the Deputy Secretary (or direct designee)
level on at least a quarterly basis, consistent with existing rules and
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regulations. Establish a mechanism to track, and raise for appropriate
senior-level attention, information about each position that agencies are
seeking to fill, including, at a minimum, source of the recruitment, number,
quality and diversity (as available) of applicants, source of applicants
(subcomponent, agency or non-government), and timeliness of the hiring
process. Use the talent management and succession planning process de-
scribed in section 3(b)(i) of this order and agency hiring plans to inform
these recruitment efforts; and develop a tailored outreach strategy for
proactive recruitment for key strategic positions;
(iii) Require supervisors of executives in their agency to work with their
subordinate executives to update EDPs for each executive required by
5 CFR part 412.401, to include at least one developmental activity annually
and at least one leadership assessment involving employee feedback (for
example, 360 degree-type reviews) every 3 years to inform each executive’s
developmental needs. In addition, non-career SES and equivalent ap-
pointees should also have one leadership assessment during their first
2 years, and additional assessments every 3 years thereafter; and
(iv) Establish a formal Executive Onboarding Program informed by OPM’s
Enhanced Executive Onboarding Model and Government-Wide Executive
Onboarding Framework, which shall provide critical support and guidance
to executives through their first year of service in new positions, consistent
with guidance to be issued by OPM no later than 60 days after the
date of this order. Onboarding shall be provided for career and non-
career SES, SL and ST employees, and SES-equivalent positions.
Sec. 4. Additional Implementation Considerations. (a) Actions for Agencies
with SES-Equivalent Positions. Certain agencies have independent authorities
enabling them to establish positions that are equivalent to SES or Senior
Professional positions, or an executive personnel system that includes such
positions. Whether the positions or employment systems are established
in title 5 (for example, FBI/DEA SES) or in other titles of the United
States Code (for example, Senior Foreign Service, Defense Intelligence SES,
Senior National Intelligence Service), the agency head shall determine the
extent to which the agency implements policies and processes to support
objectives identified in sections 3(a) and 3(b) of this order for such positions
consistent with the agency’s authorities and purposes for which the law
provides them, with such consultation with the Director of OPM, OMB,
and the PMC Subcommittee as the agency may require.
(b) Agency Status and Reporting. Within 45 days of the date of this
order, OPM will issue guidance, concurrent with guidance in section 3(a)(v)
of this order, that defines regular reporting on the status of each agency’s
implementation of the provisions in this order.
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Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity 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 15, 2015.
[FR Doc. 2015–32060
Filed 12–17–15; 11:15 am]
Billing code 3295–F6–P
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| Strengthening the Senior Executive Service | 2015-12-15T00:00:00 | 9ed821db482384ad422c96035539d78baac456424c6e66f81087ea1eacdac9b8 |
Presidential Executive Order | 2016-01325 (13716) | Presidential Documents
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Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Presidential Documents
Executive Order 13716 of January 16, 2016
Revocation of Executive Orders 13574, 13590, 13622, and
13645 With Respect to Iran, Amendment of Executive Order
13628 With Respect to Iran, and Provision of Implementation
Authorities for Aspects of Certain Statutory Sanctions Out-
side the Scope of U.S. Commitments Under the Joint Com-
prehensive Plan of Action of July 14, 2015
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), the Iran Sanctions Act of 1996
(Public Law 104–172) (50 U.S.C. 1701 note), the Comprehensive Iran Sanc-
tions, Accountability, and Divestment Act of 2010 (Public Law 111–195)
(22 U.S.C. 8501 et seq.), the Iran Threat Reduction and Syria Human Rights
Act of 2012 (Public Law 112–158), the Iran Freedom and Counter-Prolifera-
tion Act of 2012 (subtitle D of title XII of Public Law 112–239) (22 U.S.C.
8801 et seq.) (IFCA), section 212(f) of the Immigration and Nationality Act
of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America, have deter-
mined that Iran’s implementation of the nuclear-related measures specified
in sections 15.1–15.11 of Annex V of the Joint Comprehensive Plan of
Action of July 14, 2015 (JCPOA) between the P5+1 (China, France, Germany,
the Russian Federation, the United Kingdom, and the United States), the
European Union, and Iran, as verified by the International Atomic Energy
Agency, marks a fundamental shift in circumstances with respect to Iran’s
nuclear program. In order to give effect to the United States commitments
with respect to sanctions described in section 4 of Annex II and section
17.4 of Annex V of the JCPOA, I am revoking Executive Orders 13574
of May 23, 2011, 13590 of November 20, 2011, 13622 of July 30, 2012,
and 13645 of June 3, 2013, and amending Executive Order 13628 of October
9, 2012, by revoking sections 5 through 7 and section 15. In addition,
in section 3 of this order, I am taking steps with respect to the national
emergency declared in Executive Order 12957 of March 15, 1995, to provide
implementation authorities for aspects of certain statutory sanctions that
are outside the scope of the U.S. commitment to lift nuclear-related sanctions
under the JCPOA.
This action is not intended to, and does not, limit the applicability of
waiver determinations or any renewals thereof issued by the Secretary of
State, or licenses issued by the Secretary of the Treasury, to give effect
to sanctions commitments described in sections 17.1–17.3 and 17.5 of Annex
V of the JCPOA, or otherwise affect the national emergency declared in
Executive Order 12957, which shall remain in place, or any Executive Order
issued in furtherance of that national emergency other than Executive Orders
13574, 13590, 13622, 13628, and 13645.
I hereby order:
Section 1. Revocation of Executive Orders. The following Executive Orders
are revoked:
(a) Executive Order 13574 of May 23, 2011 (Authorizing the Implementa-
tion of Certain Sanctions Set Forth in the Iran Sanctions Act of 1996,
as Amended);
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(b) Executive Order 13590 of November 20, 2011 (Authorizing the Imposi-
tion of Certain Sanctions With Respect to the Provision of Goods, Services,
Technology, or Support for Iran’s Energy and Petrochemical Sectors);
(c) Executive Order 13622 of July 30, 2012 (Authorizing Additional Sanc-
tions With Respect to Iran); and
(d) Executive Order 13645 of June 3, 2013 (Authorizing the Implementation
of Certain Sanctions Set Forth in the Iran Freedom and Counter-Proliferation
Act of 2012 and Additional Sanctions With Respect To Iran).
Sec. 2. Amendment of Executive Order. Executive Order 13628 of October
9, 2012 (Authorizing the Implementation of Certain Sanctions Set Forth
in the Iran Threat Reduction and Syria Human Rights Act of 2012 and
Additional Sanctions with Respect to Iran), is amended by:
(a) Revoking current sections 5 through 7 and 15;
(b) Revising current section 4 by removing ‘‘section 5 of Executive Order
13622 of July 30, 2012,’’ in subsection (a), replacing ‘‘section 12’’ with
‘‘section 9’’ in subsection (a), and replacing ‘‘section 12’’ with ‘‘section
9’’ in subsection (b);
(c) Revising current section 8 by inserting ‘‘and’’ between ‘‘2(a),’’ and
‘‘3(a)’’ and removing ‘‘, and 7(a)(iv)’’;
(d) Revising current section 9 by inserting ‘‘and’’ between ‘‘2(a),’’ and
‘‘3(a)’’ and removing ‘‘, and 7(a)(iv)’’;
(e) Revising current section 14 by inserting ‘‘and’’ between ‘‘2(a),’’ and
‘‘3(a)’’ and removing ‘‘, and 7(a)(iv)’’;
(f) Renumbering current sections 8 through 14 as sections 5 through 11,
respectively; and
(g) Renumbering current sections 16 through 19 as sections 12 through
15, respectively.
Sec. 3. Provision of Implementation Authorities for Sanctions Outside the
Scope of the JCPOA.
(a)(i) The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to impose on a person the measures described
in subsection (a)(ii) of this section upon determining, pursuant to authority
delegated by the President and in accordance with the terms of such
delegation, that sanctions shall be imposed on such person pursuant to
section 1244(c)(1)(A) of IFCA for knowingly providing significant financial,
material, technological, or other support to, or goods or services in support
of any activity or transaction on behalf of or for the benefit of persons
described in section 1244(c)(2)(C)(iii) of IFCA.
(ii) With respect to any person determined by the Secretary of the Treasury
in accordance with this subsection to meet the criteria set forth in sub-
section (a)(i) of this section, all property and interests in property that
are in the United States, that hereafter come within the United States,
or that are or hereafter come within the possession or control of any
United States person (including any foreign branch) of such person are
blocked and may not be transferred, paid, exported, withdrawn, or other-
wise dealt in.
(iii) The prohibitions in subsection (a)(ii) of this section apply except
to the extent provided by statutes, or in regulations, orders, directives,
or licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
date of this order.
(b)(i) When the Secretary of State or the Secretary of the Treasury, pursuant
to authority delegated by the President and in accordance with the terms
of such delegation, has determined that sanctions shall be imposed on
a person pursuant to sections 1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of
IFCA (including in each case as informed by section 1253(c)(2) of IFCA)
for engaging in transactions or activities outside the scope of the waiver
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determinations as to IFCA issued by the Secretary of State to give effect
to sanctions commitments described in sections 17.1–17.3 and 17.5 of
Annex V of the JCPOA, and any renewals thereof, such Secretary may
select one or more of the sanctions set forth below to impose on that
person, and the Secretary of the Treasury, in consultation with the Sec-
retary of State, shall take the following actions where necessary to imple-
ment the sanctions selected and maintained by the Secretary of State
or the Secretary of the Treasury:
(A) prohibit any United States financial institution from making loans
or providing credits to the sanctioned person totaling more than
$10,000,000 in any 12-month period, unless such person is engaged in
activities to relieve human suffering and the loans or credits are provided
for such activities;
(B) prohibit any transactions in foreign exchange that are subject to
the jurisdiction of the United States and in which the sanctioned person
has any interest;
(C) prohibit any transfers of credit or payments between financial institu-
tions or by, through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of the United
States and involve any interest of the sanctioned person;
(D) block all property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person (includ-
ing any foreign branch) of the sanctioned person, and provide that such
property and interests in property may not be transferred, paid, exported,
withdrawn, or otherwise dealt in;
(E) prohibit any United States person from investing in or purchasing
significant amounts of equity or debt instruments of a sanctioned person;
(F) restrict or prohibit imports of goods, technology, or services, directly
or indirectly, into the United States from the sanctioned person; or
(G) impose on the principal executive officer or officers, or persons
performing similar functions and with similar authorities, of a sanctioned
person the sanctions described in subsections (b)(i)(A)–(F) of this section,
as selected by the Secretary of State or the Secretary of the Treasury,
as appropriate.
(ii) The prohibitions in subsection (b)(i) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
date of this order.
(c)(i) All property and interests in property that are in the United States,
that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person (includ-
ing any foreign branch) of the following persons are blocked and may
not be transferred, paid, exported, withdrawn, or otherwise dealt in: any
person determined by the Secretary of the Treasury, in consultation with
or at the recommendation of the Secretary of State:
(A) to have engaged, on or after January 2, 2013, in corruption or
other activities relating to the diversion of goods, including agricultural
commodities, food, medicine, and medical devices, intended for the people
of Iran;
(B) to have engaged, on or after January 2, 2013, in corruption or
other activities relating to the misappropriation of proceeds from the sale
or resale of goods described in subsection (c)(i)(A) of this section;
(C) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
the activities described in subsection (c)(i)(A) or (c)(i)(B) of this section
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or any person whose property and interests in property are blocked pursu-
ant to subsection (c)(i) of this section; or
(D) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to subsection (c)(i) of
this section.
(ii) The prohibitions in subsection (c)(i) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
date of this order.
Sec. 4. Donations. I hereby determine that, to the extent section 203(b)(2)
of IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations of
the types of articles specified in such section by, to, or for the benefit
of any person whose property and interests in property are blocked pursuant
to this order would seriously impair my ability to deal with the national
emergency declared in Executive Order 12957, and I hereby prohibit such
donations as provided by subsections 3(a)(ii), 3(b)(i)(D), and 3(c)(i) of this
order.
Sec. 5. Prohibitions. The prohibitions in subsections 3(a)(ii), 3(b)(i)(D), and
3(c)(i) of this order include but are not limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 6. Entry into the United States. I hereby find that the unrestricted
immigrant and nonimmigrant entry into the United States of aliens who
are determined to meet one or more of the criteria in subsections 3(a)(i)
and 3(c)(i) of this order would be detrimental to the interests of the United
States, and I hereby suspend the entry into the United States, as immigrants
or nonimmigrants, of such persons as of the date of this order. Such persons
shall be treated as persons covered by section 1 of Proclamation 8693 of
July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 7. General Authorities. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such actions, includ-
ing the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA as may be necessary to carry out the
purposes of this order, other than the purposes described in section 6
of this order. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States Government
consistent with applicable law.
Sec. 8. Evasion and Conspiracy. (a) Any transaction that evades or avoids,
has the purpose of evading or avoiding, causes a violation of, or attempts
to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 9. Definitions. For the purposes of this order:
(a) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(b) the term ‘‘financial institution,’’ as used in subsection 3(b) of this
order, includes:
(i) a depository institution (as defined in section 3(c)(1) of the Federal
Deposit Insurance Act) (12 U.S.C. 1813(c)(1)), including a branch or agency
of a foreign bank (as defined in section 1(b)(7) of the International Banking
Act of 1978) (12 U.S.C. 3101(7));
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(ii) a credit union;
(iii) a securities firm, including a broker or dealer;
(iv) an insurance company, including an agency or underwriter; and
(v) any other company that provides financial services;
(c) the term ‘‘Government of Iran’’ includes the Government of Iran, any
political subdivision, agency, or instrumentality thereof, including the Central
Bank of Iran, and any person owned or controlled by, or acting for or
on behalf of, the Government of Iran;
(d) the term ‘‘Iran’’ means the Government of Iran and the territory of
Iran and any other territory or marine area, including the exclusive economic
zone and continental shelf, over which the Government of Iran claims sov-
ereignty, sovereign rights, or jurisdiction, provided that the Government
of Iran exercises partial or total de facto control over the area or derives
a benefit from economic activity in the area pursuant to international arrange-
ments;
(e) the term ‘‘person’’ means an individual or entity;
(f) the term ‘‘sanctioned person’’ means a person that the Secretary of
State or the Secretary of the Treasury, pursuant to authority delegated by
the President and in accordance with the terms of such delegation, has
determined is a person on whom sanctions shall be imposed pursuant to
section 1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA (including in each
case as informed by section 1253(c)(2) of IFCA) for engaging in transactions
or activities outside the scope of the waiver determinations as to IFCA
issued by the Secretary of State to give effect to sanctions commitments
described in sections 17.1–17.3 and 17.5 of Annex V of the JCPOA, and
any renewals thereof, and on whom the Secretary of State or the Secretary
of the Treasury has imposed any of the sanctions in subsection 3(b) of
this order;
(g) the term ‘‘United States financial institution’’ means a financial institu-
tion as defined in subsection (b) of this section (including its foreign
branches) organized under the laws of the United States or any jurisdiction
within the United States or located in the United States; and
(h) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 10. Notice. For those persons whose property and interests in property
are blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 12957, there need be
no prior notice of an action taken pursuant to subsection 3(a)(ii), 3(b)(i)(D),
or 3(c)(i) of this order.
Sec. 11. Direction to Agencies. All agencies of the United States Government
are hereby directed to take all appropriate measures within their authority
to carry out the provisions of this order.
Sec. 12. Rights. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
Sec. 13. Effect on Actions or Proceedings. Pursuant to section 202 of the
NEA (50 U.S.C. 1622), the revocation of Executive Orders 13574, 13590,
13622, and 13645 and the amendments to Executive Order 13628 as set
forth in sections 1 and 2 of this order, shall not affect any action taken
or proceeding pending not finally concluded or determined as of the date
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of this order, or any action or proceeding based on any act committed
prior to the date of this order, or any rights or duties that matured or
penalties that were incurred prior to the date of this order.
Sec. 14. Relationship to Algiers Accords. The measures taken pursuant to
this order are in response to actions of the Government of Iran occurring
after the conclusion of the 1981 Algiers Accords, and are intended solely
as a response to those later actions.
THE WHITE HOUSE,
January 16, 2016.
[FR Doc. 2016–01325
Filed 1–20–16; 11:15 am]
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| Revocation of Executive Orders 13574, 13590, 13622, and 13645 With Respect to Iran, Amendment of Executive Order 13628 With Respect to Iran, and Provision of Implementation Authorities for Aspects of Certain Statutory Sanctions Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015 | 2016-01-16T00:00:00 | bf05ad7dabc6306c3d9a2038dc2d230c50974b01090a09e4a82589bb8a30458c |
Presidential Executive Order | 2015-30191 (13712) | Presidential Documents
73633
Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Presidential Documents
Executive Order 13712 of November 22, 2015
Blocking Property of Certain Persons Contributing to the Sit-
uation in Burundi
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code,
I, BARACK OBAMA, President of the United States of America, find that
the situation in Burundi, which has been marked by the killing of and
violence against civilians, unrest, the incitement of imminent violence, and
significant political repression, and which threatens the peace, security,
and stability of Burundi, constitutes an unusual and extraordinary threat
to the national security and foreign policy of the United States, and I
hereby declare a national emergency to deal with that threat. I hereby
order:
Section 1. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person of the
following persons are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(A) to be responsible for or complicit in, or to have engaged in, directly
or indirectly, any of the following in or in relation to Burundi:
(1) actions or policies that threaten the peace, security, or stability
of Burundi;
(2) actions or policies that undermine democratic processes or institu-
tions in Burundi;
(3) human rights abuses;
(4) the targeting of women, children, or any civilians through the
commission of acts of violence (including killing, maiming, torture,
or rape or other sexual violence), abduction, forced displacement, or
attacks on schools, hospitals, religious sites, or locations where civil-
ians are seeking refuge, or through other conduct that may constitute
a serious abuse or violation of human rights or a violation of inter-
national humanitarian law;
(5) actions or policies that prohibit, limit, or penalize the exercise of
freedom of expression or freedom of peaceful assembly;
(6) the use or recruitment of children by armed groups or armed
forces;
(7) the obstruction of the delivery or distribution of, or access to, hu-
manitarian assistance; or
(8) attacks, attempted attacks, or threats against United Nations mis-
sions,
international
security
presences,
or
other
peacekeeping
operations;
(B) to be a leader or official of:
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(1) an entity, including any government entity or armed group, that
has, or whose members have, engaged in any of the activities de-
scribed in subsection (a)(ii)(A) of this section; or
(2) an entity whose property and interests in property are blocked
pursuant to this order;
(C) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of:
(1) any of the activities described in subsection (a)(ii)(A) of this sec-
tion; or
(2) any person whose property and interests in property are blocked
pursuant to this order; or
(D) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to this order.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in subsection 1(a) of this order would be detrimental to
the interests of the United States, and I hereby suspend entry into the
United States, as immigrants or nonimmigrants, of such persons. Such per-
sons shall be treated as persons covered by section 1 of Proclamation 8693
of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 3. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in this order,
and I hereby prohibit such donations as provided by section 1 of this
order.
Sec. 4. The prohibitions in section 1 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Presidential Documents
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in this order, there need be no prior notice
of a listing or determination made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government consistent with
applicable law. All agencies of the United States Government are hereby
directed to take all appropriate measures within their authority to carry
out the provisions of this order.
Sec. 9. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to determine that circumstances no longer
warrant the blocking of the property and interests in property of a person
listed in the Annex to this order, and to take necessary action to give
effect to that determination.
Sec. 10. 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. 11. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
Sec. 12. This order is effective at 12:01 a.m. eastern standard time on
November 23, 2015.
THE WHITE HOUSE,
November 22, 2015.
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Presidential Documents
FR Doc. 2015–30191
Filed 11–24–15; 8:45 am
Billing code 4811–33–C
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ANNEX
1. Alain Guillaume Bunyoni [Minister of
Public Security; born January 2, 1972]
2. Cyrille Ndayirukiye [Former Defense Minister; born July 8, 1954]
3. Godefroid Niyombare [Major General; born October 18, 1969]
4. Godefroid Bizimana [born April23, 1968]
| Blocking Property of Certain Persons Contributing to the Situation in Burundi | 2015-11-22T00:00:00 | 2870bc1b75f9fb4a1cbdd29fc23df8a44a873996911f09083c78ee732fd9e5ad |
Presidential Executive Order | 2015-31749 (13713) | Presidential Documents
78117
Federal Register
Vol. 80, No. 241
Wednesday, December 16, 2015
Executive Order 13713 of December 11, 2015
Half-Day Closing of Executive Departments and Agencies of
the Federal Government on Thursday, December 24, 2015
By the authority vested in me as President of the United States of America,
by the Constitution and the laws of the United States, 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, 2015,
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, 2015, for reasons
of national security, defense, or other public need.
Sec. 3. Thursday, December 24, 2015, shall be considered as falling within
the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C.
5546 and 6103(b) and other similar statutes insofar as they relate to the
pay and leave of employees of the United States.
Sec. 4. The Director of the Office of Personnel Management shall take
such actions as may be necessary to implement this order.
Sec. 5. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
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Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Presidential Documents
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
December 11, 2015.
[FR Doc. 2015–31749
Filed 12–15–15; 8:45 am]
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| Half-Day Closing of Executive Departments and Agencies of the Federal Government on Thursday, December 24, 2015 | 2015-12-11T00:00:00 | 661ed3541e5745556d71a9cd17040cd7e3cd8659ccbb42c7ac5790fd4b894377 |
Presidential Executive Order | 2016-12579 (13730) | Presidential Documents
33331
Federal Register
Vol. 81, No. 102
Thursday, May 26, 2016
Title 3—
The President
Executive Order 13730 of May 20, 2016
2016 Amendments to the Manual for Courts-Martial, United
States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946),
and in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order 12473 of April 13, 1984, as
amended, it is hereby ordered as follows:
Section 1. Part II, Part III, and Part IV of the Manual for Courts-Martial,
United States, are amended as described in the Annex attached and made
a part of this order.
Sec. 2. These amendments shall take effect as of the date of this order,
subject to the following:
(a) Nothing in these amendments shall be construed to make punishable
any act done or omitted prior to the effective date of this order that was
not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any
nonjudicial punishment proceedings, restraint, investigation, referral of
charges, trial in which arraignment occurred, or other action begun prior
to the effective date of this order, and any such nonjudicial punishment,
restraint, investigation, referral of charges, trial, or other action may proceed
in the same manner and with the same effect as if these amendments
had not been prescribed.
THE WHITE HOUSE,
May 20, 2016.
Billing code 3295–F6–P
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ANNEX
Section 1. Part II of
the Manual for Courts-Martial, United States, is amended as follows:
(a) The title ofR.C.M. 104(b)(l) is amended to read as follows:
"(1) Evaluation of
member, defense counsel, or special victims' counsel."
(b) R.C.M. 104(b)(l)(B) is amended to read as follows:
"(B) Give a less favorable rating or evaluation of any defense counsel or special victims'
counsel because of the zeal with which such counsel represented any client. As used in this
rule, "special victims' counsel" are judge advocates who, in accordance with 10 U.S.C. 1044e,
are designated as Special Victims' Counsel."
(c) R.C.M. 305(h)(2)(B)(iii)(a) is amended to read as follows:
"(a) The prisoner will not appear at trial, pretrial hearing, preliminary hearing, or
investigation, or"
(d) R.C.M. 305(i)(2)(A)(iv) is amended to read as follows::
"(iv) Victim's right to be reasonably heard. A victim of
an alleged offense committed by the
prisoner has the right to reasonable, accurate, and timely notice of
the 7-day review; the right to
confer with the representative of
the command and counsel for the government, if
any; and the
right to be reasonably heard during the review. However, the hearing may not be unduly delayed
for this purpose. The right to be heard under this rule includes the right to be heard through
counsel and the right to be reasonably protected from the prisoner during the 7-day review. The
victim of
an alleged offense shall be notified of
these rights in accordance with regulations of
the
Secretary concerned."
(e) A new R.C.M. 306(e) is inserted immediately after R.C.M. 306(d) and reads as follows:
"(e) Sex-related offenses.
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(1) For purposes of
this subsection, a "sex-related offense" means any allegation of a
violation of
Article 120, 120a, 120b, 120c, or 125, or any attempt thereof under Article 80,
UCMJ.
(2) Under such regulations as the Secretary concerned may prescribe, for alleged sex-
related offenses committed in the United States, the victim of
the sex-related offense shall be
provided an opportunity to express views as to whether the offense should be prosecuted by
court-martial or in a civilian court with jurisdiction over the offense. The commander, and if
charges are preferred, the convening authority, shall consider such views as to the victim's
preference for jurisdiction, if
available, prior to making an initial disposition decision. For
purposes of
this rule, "victim" is defined as an individual who has suffered direct physical,
emotional, or pecuniary harm as a result of
the commission of
an alleged sex-related offense as
defined in subparagraph (1) of
this rule.
(3) Under such regulations as the Secretary concerned may prescribe, if
the victim of
an
alleged sex-related offense expresses a preference for prosecution of
the offense in a civilian
court, the commander, and if charges are preferred, the convening authority, shall ensure that the
civilian authority with jurisdiction over the offense is notified of
the victim's preference for
civilian prosecution. If
the commander, and if
charges are preferred, the convening authority
learns of any decision by the civilian authority to prosecute or not prosecute the offense in
civilian court, the convening authority shall ensure the victim is notified."
(f) R.C.M. 403(b)(5) is amended to read as follows:
"(5) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing
under R. C.M. 405, and, if
appropriate, forward the report of
preliminary hearing with the charges
to a superior commander for disposition."
2
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(g) R.C.M. 405(i)(2)(A) is amended to read as follows:
"(2) Notice to and
presence of
the victim(s).
(A) The victim(s) of an offense under the UCMJ has the right to reasonable, accurate, and
timely notice of a preliminary hearing relating to the alleged offense, the right to be reasonably
protected from the accused, and the reasonable right to confer with counsel for the government
during the preliminary hearing. For the purposes of
this rule, a "victim" is a person who is
alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of
the matters
set forth in a charge or specification under consideration and is named in one of
the
specifications under consideration."
(h) R.C.M. 407(a)(5) is amended to read as follows:
"(5) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing
under R.C.M. 405, after which additional action under this rule may be taken;"
(i) R.C.M. 502(d)(4)(B) is amended to read as follows:
"(B) An investigating or preliminary hearing officer;"
G) RCM 502(e)(2)(C) is amended to read as follows:
"(C) An investigating or preliminary hearing officer;"
(k) R.C.M. 506(b)(2) is amended by replacing "investigation" with "preliminary hearing."
(1) R.C.M 601(d)(2)(A) is amended to read as follows:
"(A) There has been substantial compliance with the preliminary hearing requirements of
R.C.M. 405; and"
(m) R.C.M. 705(c)(2)(A) is amended to read as follows:
"(A) A promise to enter into a stipulation offact concerning offenses to which a plea of guilty
or a confessional stipulation will be entered;"
3
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(n) R.C.M. 705(d)(3) is amended to read as follows::
"(3) Acceptance.
(A) In general. The convening authority may either accept or reject an offer of
the
accused to enter into a pretrial agreement or may propose by counteroffer any terms or
conditions not prohibited by law or public policy. The decision whether to accept or reject an
offer is within the sole discretion of
the convening authority. When the convening authority has
accepted a pretrial agreement, the agreement shall be signed by the convening authority or by a
person, such as the staff
judge advocate or trial counsel, who has been authorized by the
convening authority to sign.
(B) Victim consultation. Whenever practicable, prior to the convening authority accepting
a pretrial agreement the victim shall be provided an opportunity to express views concerning the
pretrial agreement terms and conditions in accordance with regulations prescribed by the
Secretary concerned. The convening authority shall consider any such views provided prior to
accepting a pretrial agreement. For purposes of
this rule, a "victim" is an individual who is
alleged to have suffered direct physical, emotional, or pecuniary harm as a result of
the matters
set forth in a charge or specification under consideration and is named in one of
the
specifications under consideration."
(o) R.C.M. 806(b)(2) is renumbered as R.C.M. 806(b)(3).
(p) A new R.C.M. 806(b)(2) is inserted immediately after R.C.M. 806(b)(l) and reads as follows:
"(2) Right of
victim to notice. A victim of an alleged offense committed by the accused has
the right to reasonable, accurate, and timely notice of
court-martial proceedings relating to the
offense."
(q) R.C.M. 806(b)(3) is renumbered as R.C.M. 806(b)(4).
4
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(r) R.C.M. 806(b)(4) is renumbered as R.C.M. 806(b)(5).
(s) A new R.C.M. 806(b)(6) is inserted immediately after R.C.M. 806(b)(5) and reads as follows:
"(
6) Right of
victim to be reasonably protected
from the accused. A victim of
an alleged
offense committed by the accused has the right to be reasonably protected from the accused."
(t) R.C.M. 902(b)(2) is amended to read as follows:
"(2) Where the military judge has acted as counsel, preliminary hearing officer, investigating
officer, legal officer, staff
judge advocate, or convening authority as to any offense charged or in
the same case generally."
(u) R.C.M. 905(b)(l) is amended to read as follows:
"(1) Defenses or objections based on defects (other than jurisdictional defects) in the preferral,
forwarding, or referral of charges, or in the preliminary hearing;"
(v) R.C.M. 907(b)(l) is amended to read as follows:
"(1) Nonwaivable grounds. A charge or specification shall be dismissed at any stage of
the
proceedings if
the court
-martial lacks jurisdiction to try the accused for the offense."
(w) R.C.M. 907(b)(l)(A)-(B) is deleted.
(x) A new R.C.M. 907(b)(2)(E) is inserted immediately after R.C.M. 907(b)(2)(D)(iv) and reads
as follows:
"(E) The specification fails to state an offense."
(y) R.C.M. 912(a)(l)(K) is amended to read as follows:
"(K) Whether the member has acted as accuser, counsel, preliminary hearing officer,
investigating officer, convening authority, or legal officer or staff judge advocate for the
convening authority in the case, or has forwarded the charges with a recommendation as to
disposition."
5
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(z) R.C.M. 912(f)(1)(F) is amended to read as follows:
"(F) Has been an investigating or preliminary hearing officer as to any offense charged;"
(aa) R.C.M. 1002 is amended to read as follows:
"(a) Generally. Subject to limitations in this Manual, the sentence to be adjudged is a
matter within the discretion of
the court-martial; except when a mandatory minimum sentence
is prescribed by the code, a court-martial may adjudge any punishment authorized in this
Manual, including the maximum punishment or any lesser punishment, or may adjudge a
sentence of no punishment.
(b) Unitary Sentencing. Sentencing by a court-martial is unitary. The court-martial will
adjudge a single sentence for all the offenses of which the accused was found guilty. A court-
martial may not impose separate sentences for each finding of guilty, but may impose only a
single, unitary sentence covering all of
the guilty fmdings in their entirety."
(bb) R.C.M. 11 03(b
)(2)(B)(i) is amended to read as follows:
"(i) The sentence adjudged includes confmement for twelve months or more or any punishment
that may not be adjudged by a special court-martial; or"
(cc) The Note currently located immediately following the title ofR.C.M. 1107 and prior to
R.C.M. 1107(a) is amended to read as follows:
"[Note: Subsections (b)-(f) ofR.C.M. 1107 apply to offenses committed on or after 24 June
20
14; however, if at least one offense resulting in a finding of
guilty in a case occurred prior to
24 June 2014, or includes a date range where the earliest date in the range for that offense is
before 24 June 2014, then the prior version ofR.C.M. 1107 applies to all offenses in the case,
except that mandatory minimum sentences under Article 56(b) and applicable rules under
R.C.M. 1107(d)(1)(D)-(E) still apply.]"
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(dd) R.C.M. 1107(b)(5) is amended to delete the sentence, "Nothing in this subsection shall
prohibit the convening authority from disapproving the findings of guilty and sentence."
(ee) R.C.M. 1107(c) is amended to read as follows:
"(c) Action on findings. Action on the findings is not required. However, the convening
authority may take action subject to the following limitations:
(1) Where a court-martial includes a finding of
guilty for an offense listed in subparagraph
(c)(
1
)(A) of
this rule, the convening authority may not take the actions listed in subparagraph
(c)(l)(B) of
this rule:
(A) Offenses
(i) Article 120(a) or (b), Article 120b, or Article 125;
(ii) Offenses for which the maximum sentence of confinement that may
be adjudged exceeds two years without regard to the jurisdictional limits of
the court; or
(iii) Offenses where the adjudged sentence for the case includes
dismissal, dishonorable discharge, bad-conduct discharge, or confinement for more than six
months.
(B) Prohibited actions
(i) Dismiss a charge or specification by setting aside a finding of
guilty
thereto; or
(ii) Change a finding of guilty to a charge or specification to a fmding
of guilty to an offense that is a lesser included offense of the offense stated in the charge or
specification.
(2) The convening authority may direct a rehearing in accordance with subsection (e) of
this
rule.
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(3) For offenses other than those listed in subparagraph (c)(l)(A) ofthis rule:
(A) The convening authority may change a finding of
guilty to a charge or
specification to a finding of
guilty to an offense that is a lesser included offense of
the offense
stated in the charge or specification; or
(B) Set aside any finding of
guilty and:
(i) Dismiss the specification and, if appropriate, the charge; or
(ii) Direct a rehearing in accordance with subsection (e) of
this rule.
(4) If
the convening authority acts to dismiss or change any charge or specification for
an offense, the convening authority shall provide, at the same time, a written explanation of
the
reasons for such action. The written explanation shall be made a part of
the record of
trial and
action thereon."
(ff) R.C.M. 1107(d) is amended to read as follows:
"(d) Action on the sentence.
(1) The convening authority shall take action on the sentence subject to the following:
(A) The convening authority may disapprove, commute, or suspend, in whole or
in part, any portion of an adjudged sentence not explicitly prohibited by this rule, to include
reduction in pay grade, forfeitures of
pay and allowances, fines, reprimands, restrictions, and
hard labor without confmement.
(B) Except as provided in subparagraph (d)(l)(C) of
this rule, the convening
authority may not disapprove, commute, or suspend, in whole or in part, that portion of
an
adjudged sentence that includes:
(i) confinement for more than six months; or
(ii) dismissal, dishonorable discharge, or bad-conduct discharge.
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(C) Exceptions.
(i) Trial counsel recommendation. Upon the recommendation of the trial
counsel, in recognition of
the substantial assistance by the accused in the investigation or
prosecution of another person who has committed an offense, the convening authority or
another person authorized to act under this rule shall have the authority to disapprove,
commute, or suspend the adjudged sentence, in whole or in part, even with respect to an offense
for which a mandatory minimum sentence exists.
(ii) Pretrial agreement. If a pretrial agreement has been entered into by
the convening authority and the accused, as authorized by R.C.M. 705, the convening authority
or another person authorized to act under this rule shall have the authority to approve,
disapprove, commute, or suspend a sentence, in whole or in part, pursuant to the terms of
the
pretrial agreement. However, if a mandatory minimum sentence of a dishonorable discharge
applies to an offense for which an accused has been convicted, the convening authority or
another person authorized to act under this rule may commute the dishonorable discharge to a
bad-conduct discharge pursuant to the terms of
the pretrial agreement.
(D) If the convening authority acts to disapprove, commute, or suspend, in whole
or in part, the sentence of
the court-martial for an offense listed in subparagraph (c)(l)(A) of
this
rule, the convening authority shall provide, at the same time, a written explanation of the
reasons for such action. The written explanation shall be made a part of
the record of
trial and
action thereon."
(gg) R.C.M. 1107(e) is amended to read as follows:
"(e) Ordering rehearing or other trial.
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(
1) Rehearings not
permitted. A rehearing may not be ordered by the convening authority
where the adjudged sentence for the case includes a sentence of dismissal, dishonorable
discharge, or bad-conduct discharge or confinement for more than six months.
(2) Rehearings permitted.
(A) In general. Subject to paragraph (e)(l) and subparagraphs (e)(2)(B)
through (e)(2)(E) of
this rule, the convening authority may in the convening authority's
discretion order a rehearing. A rehearing may be ordered as to some or all offenses of which
findings of guilty were entered and the sentence, or as to the sentence only.
(B) When the convening authority may order a rehearing. The convening
authority may order a rehearing:
(i) When taking action on the court-martial under this rule. Prior to
ordering a rehearing on a finding, the convening authority must disapprove the applicable finding
and the sentence and state the reasons for disapproval of
said fmding. Prior to ordering a
rehearing on the sentence, the convening authority must disapprove the sentence.
(ii) When authorized to do so by superior competent authority. If the
convening authority finds a rehearing as to any offenses impracticable, the convening authority
may dismiss those specifications and, when appropriate, charges.
(iii) Sentence reassessment. If
a superior competent authority has
approved some of
the findings of guilty and has authorized a rehearing as to other offenses
and the sentence, the convening authority may, unless otherwise directed, reassess the sentence
based on the approved findings of guilty and dismiss the remaining charges. Reassessment is
appropriate only where the convening authority determines that the accused's sentence would
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have been at least of a certain magnitude had the prejudicial error not been committed and the
reassessed sentence is appropriate in relation to the affirmed findings of guilty."
(C) Limitations.
(i) Sentence approved. A rehearing shall not be ordered if, in the same
action, a sentence is approved.
(ii) Lack of
sufficient evidence. A rehearing may not be ordered as to
findings of guilty when there is a lack of sufficient evidence in the record to support the
findings of guilty of the offense charged or of any lesser included offense. A rehearing may
be ordered, however, if the proof of guilt consisted of
inadmissible evidence for which there is
available an admissible substitute. A rehearing may be ordered as to any lesser offense included
in an offense of
which the accused was found guilty, provided there is sufficient evidence in
the record to support the lesser included offense.
(iii) Rehearing on sentence only. A rehearing on sentence only shall not
be referred to a different kind of court-martial from that which made the original findings. If
the convening authority determines a rehearing on sentence is impracticable, the convening
authority may approve a sentence of
no punishment without conducting a rehearing.
(D) Additional charges. Additional charges may be referred for trial together
with charges as to which a rehearing has been directed.
(E) Lesser included offenses. If
at a previous trial the accused was convicted of
a lesser included offense, a rehearing may be ordered only as to that included offense or as to a
lesser included offense of
the included offense that resulted in a finding of
guilty at the previous
trial. If, however, a rehearing is ordered improperly on the original offense charged and the
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accused is convicted of
that offense at the rehearing, the finding as to the lesser included offense
of
which the accused was convicted at the original trial may nevertheless be approved.
(3) "Other" trial. The convening or higher authority may order an "other" trial if the
original proceedings were invalid because of
lack of
jurisdiction or failure of a specification to
state an offense. The authority ordering an "other" trial shall state in the action the basis for
declaring the proceedings invalid."
(hh) The Note currently located immediately following the title ofR.C.M. 11 08(b) and prior to
the first line, "The convening authority may
...
", is amended to read as follows:
"[Note: R.C.M. 1108(b) applies to offenses committed on or after 24 June 2014; however, if
at least one offense in a case occurred prior to 24 June 2014, then the prior version of R.C.M.
1108(b) applies to all offenses in the case.]"
(ii) R.C.M. 1109(a) is amended to read as follows:
"(a) In general. Suspension of
execution of
the sentence of
a court-martial may be vacated for
violation of any condition of the suspension as provided in this rule."
Gj) R.C.M. 1109(c)(4)(A) is amended to read as follows:
"(A) Rights of
probationer. Before the preliminary hearing, the probationer shall be
notified in writing of:"
(kk) R.C.M. 1109(c)(4)(C) is amended to read as follows:
"(C) Decision. The hearing officer shall determine whether there is probable cause to believe
that the probationer violated the conditions of
the probationer's suspension. If
the hearing
officer determines that probable cause is lacking, the hearing officer shall issue a written order
directing that the probationer be released from confinement. If
the hearing officer determines
that there is probable cause to believe that the probationer violated a condition of
suspension, the
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hearing officer shall set forth this determination in a written memorandum that details therein
the evidence relied upon and reasons for making the decision. The hearing officer shall forward
the original memorandum or release order to the probationer's commander and forward a copy
to the probationer and the officer in charge of
the confinement facility."
(ll) A new sentence is added to the end of
R.C.M. 11 09(
d)(l
)(A) and reads as follows:
"The purpose of
the hearing is for the hearing officer to determine whether there is probable
cause to believe that the probationer violated a condition of
the probationer's suspension."
(mm) R.C.M. 1109(d)(l)(C) is amended to read as follows:
"(C) Hearing. The procedure for the vacation hearing shall follow that prescribed in
subsection (h) of
this rule."
(nn) A new sentence is added to the end ofR.C.M. 1109(d)(l)(D) and reads as follows:
"This record shall include the recommendation, the evidence relied upon, and reasons for
making the decision."
(oo) R.C.M. 1109(d)(2)(A) is amended to read as follows:
"(A) In general. The officer exercising general court-martialjurisdiction over the probationer
shall review the record produced by and the recommendation of
the officer exercising special
court-martial jurisdiction over the probationer, decide whether there is probable cause to believe
that the probationer violated a condition of
the probationer's suspension, and, if so, decide
whether to vacate the suspended sentence. If
the officer exercising general court-martial
jurisdiction decides to vacate the suspended sentence, that officer shall prepare a written
statement of the evidence relied on and the reasons for vacating the suspended sentence."
(pp) A new sentence is added to the end ofR.C.M. 1109(e)(l) and reads as follows:
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"The purpose of
the hearing is for the hearing officer to determine whether there is probable
cause to believe that the probationer violated the conditions of
the probationer's suspension."
(qq) R.C.M. 1109(e)(3) is amended to read as follows:
"(3) Hearing. The procedure for the vacation hearing shall follow that prescribed in
subsection (h) of
this rule."
(rr) A new sentence is added to the end ofR.C.M. 1109(e)(5) and reads as follows:
"This record shall include the recommendation, the evidence relied upon, and reasons for
making the decision."
(ss) R.C.M. 1109(e)(6) is amended to read as follows:
"(6) Decision. The special court-martial convening authority shall review the record
produced by and the recommendation of
the person who conducted the vacation proceeding,
decide whether there is probable cause to believe that the probationer violated a condition of
the
probationer's suspension, and, if
so, decide whether to vacate the suspended sentence. If
the
officer exercising jurisdiction decides to vacate the suspended sentence, that officer shall
prepare a written statement of
the evidence relied on and the reasons for vacating the suspended
sentence.'?
(tt) A new sentence is added to the end ofR.C.M. 1109(g)(l) and reads as follows:
"The purpose of
the hearing is for the hearing officer to determine whether there is probable
cause to believe that the probationer violated the conditions of
the probationer's suspension."
(uu) R.C.M. 11 09(g)(3) is amended to read as follows:
"(3) Hearing. The procedure for the vacation hearing shall follow that prescribed in
subsection (h) of this rule."
(vv) A new sentence is added to the end ofR.C.M. 1109(g)(5) and reads as follows:
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"This record shall include the recommendation, the evidence relied upon, and reasons for
making the decision."
(ww) R.C.M. 1109(g)(6) is amended to read as follows:
"(
6) Decision. A commander with authority to vacate the suspension shall review the record
produced by and the recommendation of the person who conducted the vacation proceeding,
decide whether there is probable cause to believe that the probationer violated a condition of
the
probationer's suspension, and, if
so, decide whether to vacate the suspended sentence. If
the
officer exercising jurisdiction decides to vacate the suspended sentence, that officer shall prepare
a written statement of the evidence relied on and the reasons for vacating the suspended
sentence."
(xx) A new R.C.M. 11 09(h) is inserted immediately after R.C.M. 11 09(g)(7) and reads as
follows:
"(h) Hearing procedure.
(1) Generally. The hearing shall begin with the hearing officer informing the
probationer of the probationer's rights. The government will then present evidence. Upon the
conclusion of
the government's presentation of evidence, the probationer may present
evidence. The probationer shall have full opportunity to present any matters in defense,
extenuation, or mitigation. Both the government and probationer shall be afforded an
opportunity to cross-examine adverse witnesses. The hearing officer may also question
witnesses called by the parties.
(2) Rules of
evidence. The Military Rules of
Evidence-other than Mil. R. Evid. 301,
302, 303, 305,412, and Section V-shall not apply. Nor shall Mil. R. Evid. 412(b)(l)(C) apply.
In applying these rules to a vacation hearing, the term "military judge," as used in these rules,
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shall mean the hearing officer, who shall assume the military judge's authority to exclude
evidence from the hearing, and who shall, in discharging this duty, follow the procedures set
forth in these rules. However, the hearing officer is not authorized to order production of
communications covered by Mil. R. Evid. 513 or 514.
(3) Production of
witnesses and other evidence. The procedure for the production of
witnesses and other evidence shall follow that prescribed in R.C.M. 405(g), except that R.C.M.
405(g)(3)(B) shall not apply. The hearing officer shall only consider testimony and other
evidence that is relevant to the limited purpose of the hearing.
(4) Presentation of
testimony. Witness testimony may be provided in person, by video
teleconference, by telephone, or by similar means of remote testimony. All testimony shall be
taken under oath, except that the probationer may make an unsworn statement.
(
5) Other evidence. If relevant to the limited purpose of the hearing, and not
cumulative, a hearing officer may consider other evidence, in addition to or in lieu of witness
testimony, including statements, tangible evidence, or reproductions thereof, offered by either
side, that the hearing officer determines is reliable. This other evidence need not be sworn.
(6) Presence of
probationer. The taking of evidence shall not be prevented and the
probationer shall be considered to have waived the right to be present whenever the
probationer:
(A) After being notified of the time and place of the proceeding is voluntarily
absent; or
(B) After being warned by the hearing officer that disruptive conduct will cause
removal from the proceeding, persists in conduct that is such as to justify exclusion from the
proceeding.
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(7) Objections. Any objection alleging failure to comply with these rules shall be
made to the convening authority via the hearing officer. The hearing officer shall include a
record of
all objections in the written recommendations to the convening authority.
(8) Access by spectators. Vacation hearings are public proceedings and should remain
open to the public whenever possible. The convening authority who directed the hearing or
the hearing officer may restrict or foreclose access by spectators to all or part of the
proceedings if an overriding interest exists that outweighs the value of an open hearing.
Examples of overriding interests may include: preventing psychological harm or trauma to a
child witness or an alleged victim of a sexual crime, protecting the safety or privacy of a
witness or alleged victim, protecting classified material, and receiving evidence where a
witness is incapable of testifying in an open setting. Any closure must be narrowly tailored to
achieve the overriding interest that justified the closure. Convening authorities or hearing
officers must conclude that no lesser methods short of closing the hearing can be used to
protect the overriding interest in the case. Convening authorities or hearing officers must
conduct a case-by-case, witness-by-witness, circumstance-by-circumstance analysis of
whether
closure is necessary. If
a convening authority or hearing officer believes closing the hearing is
necessary, the convening authority or hearing officer must make specific fmdings of
fact in
writing that support the closure. The written findings of
fact must be included in the record.
(9) Victim's rights. Any victim of
the underlying offense for which the probationer
received the suspended sentence, or any victim of
the alleged offense that is the subject of
the
vacation hearing, has the right to reasonable, accurate, and timely notice of
the vacation hearing.
For purposes of
this rule, the term "victim" is defined as an individual who has suffered direct
physical, emotional, or pecuniary harm as a result of the commission of an offense."
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(yy) A new R.C.M. 1203(g) is inserted immediately after R.C.M. 1203(f) and reads as follows:
"(g) Article 6b(e) petition for writ of
mandamus. The Judge Advocates General shall establish
the means by which the petitions for writs of
mandamus described in Article 6b(
e) are forwarded
to the Courts of
Criminal Appeals in accordance with their rule-making functions of
Article
66(f)."
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Sec. 6.:_ Part III of
the Manual for Courts-Martial, United States, is amended as follows:
(a) Mil. R. Evid. 304(c) is amended to read as follows:
"(c) Corroboration of
a Confession or Admission.
(1) An admission or a confession of
the accused may be considered as evidence against
the accused on the question of
guilt or innocence only if
independent evidence, either direct or
circumstantial, has been admitted into evidence that would tend to establish the trustworthiness
of
the admission or confession.
(2) Other uncorroborated confessions or admissions of
the accused that would themselves
require corroboration may not be used to supply this independent evidence. If
the independent
evidence raises an inference of
the truth of
the admission or confession, then it may be
considered as evidence against the accused. Not every element or fact contained in the
confession or admission must be independently proven for the confession or admission to be
admitted into evidence in its entirety.
(3) Corroboration is not required for a statement made by the accused before the court by
which the accused is being tried, for statements made prior to or contemporaneously with the act,
or for statements offered under a rule of
evidence other than that pertaining to the admissibility
of admissions or confessions.
(
4) Quantum of
Evidence Needed. The independent evidence necessary to establish
corroboration need not be sufficient of
itself
to establish beyond a reasonable doubt the truth of
facts stated in the admission or confession. The independent evidence need raise only an
inference of the truth of
the admission or confession. The amount and type of evidence
introduced as corroboration is a factor to be considered by the trier of
fact in determining the
weight, if any, to be given to the admission or confession.
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(5) Procedure. The military judge alone is to determine when adequate evidence of
corroboration has been received. Corroborating evidence must be introduced before the
admission or confession is introduced unless the military judge allows submission of
such
evidence subject to later corroboration."
(b) Mil. R. Evid. 311 (a) is amended to read as follows:
"(a) General rule. Evidence obtained as a result of an unlawful search or seizure made by a
person acting in a governmental capacity is inadmissible against the accused if:
(1) the accused makes a timely motion to suppress or an objection to the evidence under
this rule;
(2) the accused had a reasonable expectation of
privacy in the person, place, or property
searched; the accused had a legitimate interest in the property or evidence seized when
challenging a seizure; or the accused would otherwise have grounds to object to the search or
seizure under the Constitution of
the United States as applied to members of
the Armed Forces;
and
(3) exclusion of
the evidence results in appr~ciable deterrence of
future unlawful searches
or seizures and the benefits of such deterrence outweigh the costs to the justice system."
(c) A new Mil. R. Evid. 311(c)(4) is inserted immediately after Mil. R. Evid. 311(c)(3)(C) and
reads as follows:
"(
4) Reliance on Statute. Evidence that was obtained as a result of
an unlawful search or
seizure may be used when the official seeking the evidence acts in objectively reasonable
reliance on a statute later held violative of
the Fourth Amendment."
(d) Mil. R. Evid. 311(d)(5)(A) is amended to read as follows:
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"(A) In general. When the defense makes an appropriate motion or objection under
subdivision (d), the prosecution has the burden of
proving by a preponderance of
the evidence
that the evidence was not obtained as a result of an unlawful search or seizure, that the evidence
would have been obtained even if
the unlawful search or seizure had not been made, that the
evidence was obtained by officials who reasonably and with good faith relied on the issuance of
an authorization to search, seize, or apprehend or a search warrant or an arrest warrant; that the
evidence was obtained by officials in objectively reasonable reliance on a statute later held
violative of
the Fourth Amendment; or that the deterrence of future unlawful searches or seizures
is not appreciable or such deterrence does not outweigh the costs to the justice system of
excluding the evidence."
(e) Mil. R. Evid. 414(d)(2)(A) is amended to read as follows:
"(A) any conduct prohibited by Article 120 and committed with a child, or prohibited by
Article 120b."
(f) Mil. R. Evid. 504 is amended to read as follows:
"Rule 504. Marital privilege
(a) Spousal Incapacity. A person has a privilege to refuse to testify against his or her
spouse. There is no privilege under subdivision (a) when, at the time of
the testimony, the
parties are divorced, or the marriage has been annulled.
(b) Confidential Communication Made During the Marriage.
(1) General Rule. A person has a privilege during and after the marital relationship to
refuse to disclose, and to prevent another from disclosing, any confidential communication
made to the spouse of
the person while they were married and not separated as provided
by law.
21
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(2) Who May Claim the Privilege. The privilege may be claimed by the spouse who
made the communication or by the other spouse on his or her behalf. The authority ofthe latter
spouse to do so is presumed in the absence of evidence of a waiver. The privilege will not
prevent disclosure of the communication at the request of
the spouse to whom the
communication was made if
that spouse is an accused regardless of whether the spouse who
made the communication objects to its disclosure.
(c) Exceptions.
(
1) To Confidential Communications Only. Where both parties have been substantial
participants in illegal activity, those communications between the spouses during the marriage
regarding the illegal activity in which they have jointly participated are not marital
communications for purposes of
the privilege in subdivision (b) and are not entitled to protection
under the privilege in subdivision (b).
(2) To Spousal Incapacity and Confidential Communications. There is no privilege
under subdivisions (a) or (b):
(A) In proceedings in which one spouse is charged with a crime against the
person or property of the other spouse or a child of either, or with a crime against the
person or property of a third person committed in the course of committing a crime against
the other spouse;
(B) When the marital relationship was entered into with no intention of the
parties to live together as spouses, but only for the purpose of using the purported marital
relationship as a sham, and with respect to the privilege in subdivision (a), the relationship
remains a sham at the time the testimony or statement of
one of
the parties is to be introduced
22
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against the other; or with respect to the privilege in subdivision (b), the relationship was a
sham at the time of the communication; or
(C) In proceedings in which a spouse is charged, in accordance with Article
133 or 134, with importing the other spouse as an alien for prostitution or other immoral
purpose in violation of 8 U.S.C. § 1328; with transporting the other spouse in interstate
commerce for prostitution, immoral purposes, or another offense in violation of 18 U.S.C. §§
2421-2424; or with violation of such other similar statutes under which such privilege may not
be claimed in the trial of criminal cases in the United States district courts.
(d) Definitions. As used in this rule:
(1) "A child of either" means a biological child, adopted child, or ward of one of
the
spouses and includes a child who is under the permanent or temporary physical custody of one
of
the spouses, regardless of
the existence of a legal parent-child relationship. For purposes of
this rule only, a child is:
(A) an individual under the age of 18; or
(B) an individual with a mental handicap who functions under the age of 18.
(2) "Temporary physical custody" means a parent has entrusted his or her child with
another. There is no minimum amount of time necessary to establish temporary physical
custody, nor is a written agreement required. Rather, the focus is on the parent's agreement with
another for assuming parental responsibility for the child. For example, temporary physical
custody may include instances where a parent entrusts another with the care of his or her child
for recurring care or during absences due to temporary duty or deployments.
23
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(3) As used in this rule, a communication is "confidential" if made privately by any
person to the spouse of the person and is not intended to be disclosed to third persons other
than those reasonably necessary for transmission of
the communication."
(g) Mil. R. Evid. 505(e)(2) is amended by replacing "investigating officer" with "preliminary
h~aring officer."
(h) Mil. R. Evid. 801(d)(l)(B) is amended to read as follows:
"(B) is consistent with the declarant's testimony and is offered:
(i) to rebut an express or implied charge that the declarant recently fabricated it or acted
from a recent improper influence or motive in so testifying; or
(ii) to rehabilitate the declarant's credibility as a witness when attacked on another
ground; or"
(i) The first sentence of
Mil. R. Evid. 803(6)(E) is amended to read as follows:
"(E) the opponent does not show that the source of information or the method or circumstance
of
preparation indicate a lack of
trustworthiness."
G) Mil. R. Evid. 803(7)(C) is amended to read as follows
"(C) the opponent does not show that the possible source of the information or other
circumstances indicate a lack of trustworthiness."
(k) The first sentence of
Mil. R. Evid. 803(8)(B) is amended to read as follows:
"(B) the opponent does not show that the source of
information or other circumstances
indicate a lack of
trustworthiness."
(l) Mil. R. Evid. 803(1 O)(B) is amended to read as follows:
"(B) a counsel for the government who intends to offer a certification provides written notice
of
that intent at least 14 days before trial, and the accused does not object in writing within 7
24
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days of
receiving the notice- unless the military judge sets a different time for the notice or the
objection."
(m) Mil. R. Evid. 804(b)(l)(B) is amended by replacing "pretrial investigation" with
"preliminary hearing."
(n) Mil. R. Evid. 1101(d)(2) is amended by replacing "pretrial investigations" with "preliminary
hearings."
25
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Sec.~ Part IV of
the Manual for Courts-Martial, United States, is amended as follows:
(a) Paragraph 4, Article 80- Attempts, subparagraph e. is amended to read as follows:
"e. Maximum punishment. Any person subject to the code who is found guilty of
an attempt
under Article 80 to commit any offense punishable by the code shall be subject to the same
maximum puilishment authorized for the commission of
the offense attempted, except that in no
case shall the death penalty be adjudged, and in no case, other than attempted murder, shall
confinement exceeding 20 years be adjudged. Except in the cases of
attempts of
Article 120(a)
or (b), rape or sexual assault of a child under Article 120b(a) or (b), and forcible sodomy under
Article 125, mandatory minimum puilishment provisions shall not apply."
(b) Paragraph 57, Article 131- Perjury, subparagraph c.(1) is amended by replacing "an
investigation" with "a preliminary hearing."
(c) Paragraph 57, Article 131 -Perjury, subparagraph c.(3) is amended by replacing
"investigation" with "preliminary hearing."
(d) Paragraph 96, Article 134- Obstructing justice, subparagraph f is amended to read as
follows:
"f. Sample specification.
In that __
(personal jurisdiction data), did, (at/on board-location) (subject-matter
jurisdiction data, if
required), on or about __
20
_ , wrongfully (endeavor to) (impede (a trial
by court-martial) (an investigation) (a preliminary hearing) L__)) [influence the actions of
__
,(a trial counsel of
the court-martial) (a defense counsel of
the court-martial) (an officer
responsible for making a recommendation concerning disposition of charges) L__)]
[(influence) (alter) the testimony of __
as a witness before a (court-martial) (an investigating
officer) (a preliminary hearing) L__
)] in the case of
by [(promising) (offering) (giving) to the
26
33358
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[FR Doc. 2016–12579
Filed 5–25–16; 8:45 am]
Billing code 5000–04–C
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said __
, (the sum of$ _)
L_
, of a value of
about $ _)]
[communicating to the
said __
a threat to __j
.._[ _ _,],(if) (unless) he/she, the said __
, would [recommend
dismissal of
the charges against said __j
[(wrongfully refuse to testify) (testify falsely
concerning_) L_
)] [(at such trial) (before such investigating officer) (before such
preliminary hearing officer)] [_
]."
(e) Paragraph 108, Testify: wrongful refusal, subparagraph fis amended by replacing "officer
conducting an investigation under Article 32, Uniform Code of
Military Justice" with "officer
conducting a preliminary hearing under Article 32, Uniform Code of
Military Justice."
(f) Paragraph 110, Article 134- Threat, communicating, subparagraph cis amended to read as
follows:
"c. Explanation. For purposes of
this paragraph, to establish that the communication was
wrongful it is necessary that the accused transmitted the communication for the purpose of
issuing a threat, with the knowledge that the communication would be viewed as a threat, or
acted recklessly with regard to whether the communication would be viewed as a threat.
However, it is not necessary to establish that the accused actually intended to do the injury
threatened. Nor is the offense committed by the mere statement of
intent to commit an unlawful
act not involving injury to another. See also paragraph 109, Threat or hoax designed or intended
to cause panic or public fear."
27
| 2016 Amendments to the Manual for Courts-Martial, United States | 2016-05-20T00:00:00 | 0cad56ca0448aab4cca549cf4b8437b1b5b15318ffa48c0729b0f5ee99953ae8 |
Presidential Executive Order | 2015-29403 (13710) | Presidential Documents
71679
Federal Register
Vol. 80, No. 220
Monday, November 16, 2015
Title 3—
The President
Executive Order 13710 of November 12, 2015
Termination of Emergency With Respect to the Actions and
Policies of Former Liberian President Charles Taylor
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 situation that gave rise to the declaration of a national emergency in
Executive Order 13348 of July 22, 2004, with respect to the actions and
policies of former Liberian President Charles Taylor and other persons,
in particular their unlawful depletion of Liberian resources and their removal
from Liberia and secreting of Liberian funds and property, has been signifi-
cantly altered by Liberia’s significant advances to promote democracy and
the orderly development of its political, administrative, and economic institu-
tions, including presidential elections in 2005 and 2011, which were inter-
nationally recognized as freely held; the 2012 conviction of, and 50-year
prison sentence for, former Liberian President Charles Taylor and the affirma-
tion on appeal of that conviction and sentence; and the diminished ability
of those connected to former Liberian President Charles Taylor to undermine
Liberia’s progress. Accordingly, I hereby terminate the national emergency
declared in Executive Order 13348, revoke that order, and further order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)), termi-
nation of the national emergency declared in Executive Order 13348 shall
not affect any action taken or proceeding pending not finally concluded
or determined as of the effective date of this order, any action or proceeding
based on any act committed prior to the effective date, or any rights or
duties that matured or penalties that were incurred prior to the effective
date of this order.
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 departments, agencies, or entities, its
officers, employees, or agents, or any other person.
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Sec. 3. (a) This order is effective at 2:00 p.m. eastern standard time on
November 12, 2015.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
THE WHITE HOUSE,
November 12, 2015.
[FR Doc. 2015–29403
Filed 11–13–15; 11:15 am]
Billing code 3295–F6–P
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| Termination of Emergency With Respect to the Actions and Policies of Former Liberian President Charles Taylor | 2015-11-12T00:00:00 | 34d2537662ddf79da0d08b74656afdaa09a1f7d45a57b8db3297fded1a946566 |
Presidential Executive Order | 2015-32582 (13715) | Presidential Documents
80195
Federal Register
Vol. 80, No. 246
Wednesday, December 23, 2015
Title 3—
The President
Executive Order 13715 of December 18, 2015
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303, are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102–40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for
senior executives in the Senior Executive Service, as established pursuant
to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made
a part hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of
basic pay or salaries for the following offices and positions are set forth
on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 4501)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule
7.
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C.
203(a)) for members of the uniformed services, as adjusted under 37 U.S.C.
1009, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c))
are set forth on Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304
of title 5, United States Code, and my authority to implement an alternative
level of comparability payments under section 5304a of title 5, United States
Code, locality-based comparability payments shall be paid in accordance
with Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. Pursuant to section 5372 of title 5,
United States Code, the rates of basic pay for administrative law judges
are set forth on Schedule 10 attached hereto and made a part hereof.
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Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Presidential Documents
Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2016. The other
schedules contained herein are effective on the first day of the first applicable
pay period beginning on or after January 1, 2016.
Sec. 8. Prior Order Superseded. Executive Order 13686 of December 19,
2014, is superseded as of the effective dates specified in section 7 of this
order.
THE WHITE HOUSE,
December 18, 2015.
Billing code 3295–F6–P
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SCHEDULE 1--GENERAL SCHEDULE
(Effective on the first day of the first applicable pay period beginning on or after ~anuary 1, 2016)
1
2
3
4
5
6
7
8
9
10
GS-1
$18,343
$18,956
$19,566
$20,173
$20,783
$21,140
$21,743
$22,351"
$22', 37 5
$22,941
GS-2
20,623
21,114
21,797
22,375
22,629
23,295
23,961
24, 627
25,293
25,959
GS-3
22,502
23,252
24,002
24,752
25,502
26,252
27,002
27,752
28,502
29,252
GS-4
25,261
26,103
26,945
27,787
28,629
29,471
30,313
31,155
31,997
32,839
GS-5
28,262
29,204
30,146
31,088
32,030
32,972
33,914
34,856·
35,798
36,740
GS-6
31,504
32,554
33,604
34,654
35,704
36,754
37,804
38,854
39,904
40,954
GS-7
35,009
36,176
37,343
38,510
39,677
40,844
42,011
43,178
44,345
45,512
GS-8
38,771
40,063
41,355
42,647
43,939
45,231
46,523
47,815
49,107
50,399
GS-9
42,823
44,250
45,677
47,104
48,531
49,958
51,385
52,812
54,239
55,666
GS-10
47,158
48,730
50,302
51,874
53,446
55,018
56,590
58,162
59,734
61,306
GS-11
51,811
53,538
55,265
56,992
58,719
60,446
62,173
63,900
·65,627
67,354
GS-12
62,101
64,171
66,241
68, 311
70,381
72,451
74,521
76,591
78,661
80,731
GS-13
73,846
76,308
78,770
81,232
83,694
86,156
88,618
-91,080
93,542
96, 004
GS-14
87,263
90,172
93,081
95,990
98,899
101,808
104,717
107,626
110,535
113,444
GS-15
102,646
106,068
109,490
112,912
116,334
119,756
123,178
126,600
130,022
133,444
80198
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SCHEDULE 2--FOREIGN SERVICE SCHEDULE
(Effective on the first·day of·the first applicable pay period beginning on or after January 1, 2016)
Step
Class
Class
Class
Class
Class
Class.
Class
Class
Class
1
2
3
4
5
6
7
8
9
1
$102,646
$83,173
$67,395
$54,610
$44,250
$39,558-
$35,364
$31,614
$28,262
2
105,725
85,668
69,417
56,248
45,578
40,745
36,425
32,562
29, '1.10
3
108,897
88,238
71,499
57,936
46,945
41,967
37,518
33,539
29,983
4
112,164
90,885
73,644
59,674
48,353
43,226
38,643
34,545
30,883
5
115,529
93,612
75,854
61,464
49,804
44,523
39,802
35,582
31,809
6
118,995
96,420
78,129
63,308
51,298
45,859
40,997
36,649
32,763
7
122,565
99,313
80,473
65,207
52,837
47,234
42,226
37,749
33,746
8
126,242
102,292
82,887
67,163
54,422
48,651
43,493
38,881
34,759
9
130,029
105,361
85,374
69,178
56,055
50,111
44,798
40,048
35,801
10
133,444
108,522
87,935
71,254
57,736
51,614
46,142
41,.,249
36,875
11
133,444
111,778
90,573
73,391
59,468
53,163
47,526
42,487
37,982
12
133,444
115,131
93,290
75,593
61,252
54,758
48,.952
43,761
39,121
13
133,444
118,585
96,089
77,861
63,090
56,400
50,421
45,074
40,295
14
133,444
122,142
98,972
80,197
64,983
58,092
51,933
46,426
41,504
80199
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SCHEDULE 3--VETERANS HEALTH ADMINISTRATION SCHEDULES
DEPARTMENT OF VETERANS AFFAIRS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2016)
Schedule for the Office of the Under Secret.ary for Health
(38 u.s.c. 7306)*
(Only applies to incumbents who are not physicians or dentists)
Assistant Under Secretaries for Health
Service Directors .
.
.
Director, National Center
for .Pr.eventive Health .
Minimum
$120,384
102,646
Physician and Dentist Base and Longevity Schedule•••
$162, 045••
Maximum
$149,510
149,510
Physician Grade
Dentist Grade .
$100,957
$148,071
100,957
148,071
Clinical Podiatrist, Chiropractor, and Optometrist Schedule
Chief Grade
$102,646
Senior Grade.
87,26:3
Intermediate Grade.
73,846
Full Grade.
62,101
Associate Grade
51,811
Physician Assistant and Expanded-Function
Dental Auxiliary Schedule****
Director Grade.
$102,646
Assistant Director Grade.
87,263
Chief Grade
73,846
Senior Grade.
62,101
Intermediate Grade.
51,811
Full G_rade.
42,823
Associate Grade
36,850
Junior Grade.
31,504
$133,444
113,444
96,004
80,731
67,354
$133,444
113,444
96,004
80,731
67,354
55,666
47,902
40,954
• This schedule does not apply to the Deputy Under Secretary for Health,
Associate Deputy Under Secretary for Health, Assistant Under Secretaries for
Health, and Medical Directors, Service Directors, and the Director of the
National Center for Preventative Health who are physicians or dentists pursuant
to 38 U.S.C. 7306(a) and 38 U.S.C. 7404(a).
This schedule does not apply to
the Chief Nursing Officer, Office of Nursing Services, pursuant to 38 U.S.C.
7404 (e).
**Pursuant to 38 U.S.C. 7404(d), the rate of basic pay payable to these
employees is limited to the rate .for level V of the Executive Schedule, which
is $150,200.
••• Pursuant to section 3 of Public Law 108-445 and 38. U.S.C. 7431, Veterans
Health Administration physicians and dentists may also be paid market pay and
performance pay.
•••• Pursuant to section 301 (a) of Public Law 102-40, these positions are paid
according to the Nurse Schedule in 38 O.S.C. 4107(b), as in effect on August
14,. 1990, with subsequent adjustments.
80200
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SCHEDULE 4--SENIOR EXECUTIVE SERVICE
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2016)
Agencies with a Certified SES
Performance Appraisal System .
Agencies·without a Certified SES
Performance Appraisal System
Minimum
$123,175
$123,175
SCHEDULE 5--EXECUTIVE SCHEDULE
Maximum
$185,100
$170,400
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2016)
Level I
Level II
Level III.
Level IV
Level V
$205,700
185,100
170,400
160,300
150,200
SCHEDULE 6--VICE PRESIDENT AND MEMBERS OF CONGRESS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2016)
Vice President
Senators . . .
. . . . . . . . . .
Members of the House of Representatives.
Delegates to the House of Representatives.
Resident Commissioner from Puerto Rico
President pro tempore of the Senate ..
Majority leader and minority leader of the Senate.
Majority leader and minority leader of the House
of Representatives . . . . . . . . .
Speaker of the House of Representatives.
SCHEDULE ?--JUDICIAL SALARIES
$237,700
174,000
174,000
174,000
174,000
193,400
193,400
193,400
223,500
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2016)
Chief Justice of the United States ..
Associate Justices of the Supreme Court.
Circuit Judges ......
, ... .
District Judges ..........
.
Judges of the Court of International Trade
$2 1
60,700
249,300
215,400
203,100
203,100
80201
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Pay Grade
0-10**
0-9
0-8
0-7
0-6
0-5
0-4
0-3***
0-2***
0-1***
0-3E
0-2E
O-lE
W-5
W-4
W-3
W-2
W-1
2 or less
$9,946.20
8,264.40
6,267.00
5,224.50
4,507.80
3,963.60
3,424.50
2,972.40
·-
$4,095.90
3,740.40
3,309.90
2,905.50
Over 2
$10,272.00
8,648.40
6,885.30
5,885.70
5,218.20
4,492.80
3,900.30
3,093.90
$4,406.10
3,896.40
3,622.80
3,218.10
Over 3
$10,488.30
8,826.00
7,337.10
6,292.80
5,566.50
4,849.20
4,491.90
3,740.10
SCHEDULE 8--PAY OF THE UNIFORMED SERVICES
(Effective January 1, 2016)
Part I--MONTHLY BASIC PAY
YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205)
Over
$10,548.60
8,967.30
7,337.10
6,369.60
5,643.90
5,287.20
4,643.70
3,740.10
Over 6
Over B
COMMISSIONED OFFICERS
$10,818.60
9,222.90
7,365.00
6,624.00
5,967.00
5,540. 70
4,739.40
3,740.10
$11,269.20
9,475.80
7,680.90
6,776.10
6,313.80
5,818.80
4,739.40
3,740.10
Over 10
$11,373.90
9,767.70
7,722.30
7,110.30
6,745.80
5,998.20
4,739.40
3,740.10
Over 12
$11,802.00
10,059.00
7,722.30
7,356.00
7,081.50
6,293.70
4,739.40
3,740.10
COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OFFICER****
$4,532.40
4,056.30
3,719.40
3,302.10
$5,287.20
$5,540.70
$5,818.80
$5,998.20
4, 643.70
3,740.10
$4,656.90
4,108.80
3,785.40
3,479.70
4,739.40
3,993.60
4,890.30
4,141.50
WARRANT OFFICERS·
$4,871.10
4,276.20
4,000.20
3,690.00
$5,083.20
4,605.90
4,333.80
3,999.60
5,145.00
4,292.40
$5,298.00
4,949.10
4,499.10
4,144.20
$6,293.70
5, 341.80
4,440.60
$5,620.80
5,110.8Q
4,661.70
4,346.10
Over 14
$11,924.70
10' 351. 20
8,161.20
7,673.10
7,314.90
6,448.20
4,739.40
3,740.10
$6,543.30
5,488.50
4,643.70
$5,904.00
5,297.70
4,860. 90
4,545.00
Over 16
$12,293.40
11,269.20
8,937.00
8,158.50
7,449.30
6,448.20
4,739.40
3,740.10
$6, 686.70
5,488.50
4,643.70
$6,173.40
5,490.30
5,016.30
4, 701.60
Over ·18.
$12,82'7.10
12,043.80
9,392.70
8,388.90
7,526.70
6,448.20
4,739.40
3,740.10
$6,881.40
5,488.50
4,643.70
$6,393.90
5,836.50
5,157.30
4,845.30
Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar year 2014, which is
$15,125.10 per month for officers at pay grades 0-7 through 0-10, and limited to the rate of basic pay for l·evel v of the Executive Schedule in
effect during calendar year 2016, which is $12,516.60 per month, for officers at 0-6 and below.
**
For officers serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations,. Chief
of Staff of the Air For~e; Commandant of the Marine Corps, Commandant of·the Coast Guard, Chief of the National Guard Bureau, or commander of a
unified or specified combatant command (as defined in 10 U.S.C. 161(c)), basic pay for this grade is calculated to be $21,147.30 per month,
regardless of cumulative years of service computed under 37 U.S.C. 205.
Nevertheless, actual basic pay for these officers is limited to the ·rate
of basic pay for level II of the Executive Schedule in effect during calendar year 2014, which is $15,125.10 per month.
***
Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant
officer.
**** Reservists w~th at least 1,460 points as an enlisted member, a warrant officer, or a warrant officer and an enlisted member which are
creditable toward reserve retirement also qualify for these rates.
80202
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SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 2)
(Effective January 1 1 2016)
Part I--MONTHLY BASIC PAY
YEARS OF SERVICE (COMPUTED UNDER 37 U.S. C. 205)
Pay Grade
Over 20
Over 22
Over 24
Over 26
Over 28
Over 30
Over 32
over 34
Over 36
Over 38
COMMISSIONED OFFICERS
0-10**
$16, 072. 20*
$16,150.50*
$16,486.80*
$17' 071. 50*
$17' 071. 50*.
$17' 925. 30*
$17' 925. 30*
$18, 821.10*
$18, 821.10*
$19,762.50*
0-9
14,056.80
14,259.90
14,552.10
15,062.40
·15, 062.40
15,816. 00*
15,816.00*
16, 606. 80*
16,606.80*
17,436.90*
0-8
13,319.10
13,647.30
13,647.30
13,647.30
13,647.30
13,989.00
13,989.00
14,338.50
14,338.50
14,338.50
0-7
12,043.80
12,043.80
12,043.80
12,105.60
12,105.60
12,347.70
12,347.70
12,347.70
12,347.70
12,347.70
0-6
9,847.80
10,106.70
10,369.20
10,877.70
10,877.70
11,094.90
11,094.90
11,094. 90
11,094.90
11,094.90
0-5
8,617.20
8,876.40
8,876.40
8,876.40
8,876.40
8,876.40
8,876.40
8,876.40
8,876.40
8,876.40
0-4
7,526.70
7,526.70
7,526.70
7,526.70
7,526.70
7,526.70
7,526.70
7,526.70
7,526.70
7;526.70
0-3***
6,448.20
6,448.20
6,448.20
6,448.20
6,448.20
6,448.20
6,448.20
6,448.20
.6,448.20
6,448.20
0-2***
4,739.40
4,739.40
4,739.40
4,739.40
4, 739.40
4, 739.40
4,739.40
4,739.40
4,739.40
4,739.40
0-1***
3, 740.10
3,740.10
3,740.10
3,740.10
3,740.10
3,740.10
3,740.10
3,740.10
3,740.10
3,740.10
0-3E
0-2E
O-lE
W-5
W-4
W-3
W-2
W-1
COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OFFICER****
$6, 881.40
$6,881.40
$6,881.40
$6,881.40
$6~
881.40
$6,881.40
$6,881.40
$6,881.40
$6,881.40
$6,881.40
5,488.50
5,488.50
5,488.50
5,488.50
5,488.50
5,488.50
5,488.50
5,488.50
5,488.50
5,488.50
4,643.70
4,643.70
4,643.70
4,643.70
4,643.70
4,643.70
4,643.70
4, 643.70
4,643.70
4,643.70
WARRANT OFFICERS
$7,283.10
$7,652.40
$7,927.50
$8,232.30
$8,232.30
$8,644.50
$8,644.50
$9,076.20
$9,076.20
$9,530.70
6,608.70
6,924.60
7,184.10
7,480.20
7,480.20
7,629.60
7,629.60
7,629.60
7' 629. 60
7,629.60
6,070.50
6, 210.30
6,359.10
6, 561.60
6, 561.60
6, 561.60
6, 561. 60
6, 561. 60
6, 561.60
6, 561. 60
5,325.90
5,436.60
5,524.50
5,524.50
5,524.50
5,524.50
5,524.50
5,524.50
5,524.50
5,524.50
5,020.50
5,020.50
5,020.50
5,020.50
5,020.50
5,020.50
5,020.50
5,020.50
5,020.50
5,020.50
Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar ye.ar 2014,. which is
$15,125.10 per month for officers at pay grades 0-7 through 0-10, and limited to the rate of basic pay for level V of the Executive Schedule in
effect during calendar year 2016, which is $12,516.60 per month, for officers at 0-6 and below.
**
For officers serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief
of Staff of the Air Force, Commandant of the Marine Corps, Commandant of the Coast Guard,· Chief of the National Guard Bureau, or commander of a
unified or specified combatant command (as defined in 10 U.S.C. 16l(c)), basic pay for this grade is calculated to be $21,147.3Q.per month,
regardless of cumulative years of service computed under 37 U.S.C. 205.
Nevertheless, actual basic pay for these officers is ~imited ·to the rate
of basic pay for level II of the Executive Schedule in effect during calendar year 2014, which is $15,125.10 per month.
***
Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant
officer.
****
Reservists with at least 1,460 points as an enlisted member, a Warrant officer, or a warrant officer and an enlisted member which are
creditable toward reserve retirement also qualify for these rates.
OVer 40
$19,762.50*
17,436.90*
14,338.50
12,347.70
11' 094. 90
8,876.40
7,526.70
6,448.20
4,739.40
3,740.10
$6,881.40
5,488.50
4,643.70
$9,530.70
7,629.60
6, 561.60
5,524.50
5,020.50
80203
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SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 3)
(Effective January 1, 2016)
Part I--MONTHLY BASIC PAY
YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205)
Pay Grade
2 or less
Over 2
Over 3
Over 4
Over 6
Over 8
Over 10
Over 12
Over 14
Over 16
Over 18
ENLISTED MEMBERS
E-9*
-
-
-
-
$4,948.80
$5,060.70
$5,202.30
$5,368.20
$5,536.20
E-8
-
-
-
$4,050.90
4,230.00
4,341.00
4,473.90
4,618.20
4,878.00
E-7
$2,816.10
$3,073.50
$3,191.40
$3,347.10
$3,468.90
3,678.00
3,795.60
4,004.70
4,178.70
4,297.50
4,423.80
E-6
2,435.70
2,680.20
2, 798.40
2, 913.60
3,033.60
3,303.30
3,408.60
3,612.30
3,674.40
3, 719.70
3,772.50
E-5
2,231.40
2,381.40
2,496.60
2,614.20
2,797.80
2,989.80
3,147.60
3,166.20
3,166.20
3,166.20
3,166.20
E-4
2,046.00
2,150.40
2,267.10
2,382.00
2,483.40
2,483.40
2,n3.4o
2,483.40
2,483.40
2,483.40
2,483.40
E-3
1,847.10
1,963.20
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
E-2
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
E-1**
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
E-1***
1,449.00
For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or Senior
Enlisted Advisor to the Chief of the National Guard Bureau, basic pay for this grade is $7,997.10 per month, regardless of cumulative years of
service under 37 U.S.C. 205.
..
...
Applies to personnel who have served 4 months or more on active duty
.
Applies to personnel who have served less than 4 months on active duty
.
80204
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SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 4)
(Effective January 1, 2016)
Part I--MONTHLY BASIC PAY
YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205)
Pay Grade
Over 20
Over 22
Over 24
Over 26
Over 28
Over 30
Over 32
Over 34
Over 36
Over 38
Over 40
ENLISTED MEMBERS
E-9*
$5,804.70
$6,032.10
$6,270.90
$6,636.90
$6,636.90
$6,968.40
$6,.968. 40
$7,317.00
$7,317.00
$7,683.30
$7,683.3(
E-8
5,009.40
5,233.80
5,358.00
5,664.00
5, 664.00
5,777.70
5,777.70
5,777.70
5,777.70
5,777.70
5, 777. 7(
E-7
4, 472.70
4,637.10
4,725.30
5, 061.30
5, 061.30
5,061.30
5, 061.30
5, 061.30
5, 061.30
5, 061.30
5, 061.3(
E-6
3, 772.50
3,772.50
3, 772.50
3,772.50
3, 772.50
3, 772.50
3,772.50
3,772.50
3, 772.50
3,772.50
3, 772.5(
E-5
3,166.20
3,166.20
3,166.20
3,166.20
3,166.20'
3,166.20
3,166.20
3,166.20
3,166.20
3,166.20
3,166.2C
E-4
2,483.40
2,483.40
2,483.40
2,483.40
2,483.40
2,483.40
2,483.40
2,483.40
2,483.40
2,483.40
2, 483.4C
E-3
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.00
2,082.0C
E-2
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
1,756.50
E-1**
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
1,566.90
E-1***
For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master
Sergeant of the Air E'orce, Sergeant Major of the Marine Corps, Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or Senior
Enlisted Advisor to the Chief of the National Guard Bureau, basic pay for this grade is $7,997.10 per month, regardless of cumulative years of
service under 37 U.S.C. 205.
**
***
Applies to personnel who have served 4 months or more on active duty.
Applies to personnel who have served less than 4 months on active duty.
80205
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SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 5)
Part II--RATE OF MONTHLY CADET OR MIDSHIPMAN PAY
The rate of monthly cadet or midshipman pay authorized by 37 U.S.C. 203(c) is
$1,040.70.·
Note: As a result of the enactment of sections 602-604 of Public Law 105-85,
the National Defense Authorization Act for Fiscal Year 1998, the
Secretary of Defense now has the authority to adjust the rates of basic
allowances for subsistence and housing. Therefore, these allowances are
no longer adjusted by the President in conjunction with the adjustment
of basic pay for members of the uniformed services. Accordingly, the
tables· of allowances included in previous orders are not included here.
80206
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SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2016)
Locality Pay Area*
Rate
Alaska .......................................................
25.16%
Albany-Schenectady, NY .......................................
14.49%
Albuquerque-Santa Fe-Las Vegas, NM ...........................
14.37%
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL ............
19.58%
Austin-Round Rock, TX ........................................
14.51%
Boston-Worcester-Providence, MA-RI-NH-CT-ME ..................
25.19%
Buffalo-Cheektowaga, NY ......................................
17.31%
Charlotte-Concord, NC-SC .....................................
14.44%
Chicago-Napervilie, IL-IN-WI .................................
25.44%
Cincinnati-Wilmington-Maysville, OH-KY-IN ....................
18.76%
Cleveland-Akron-Canton, OH ...................................
18.87%
Colorado Springs, CO .........................................
14.52%
Columbus-Marion-Zanesville, OH ...............................
17.41%
Dallas-Fort Worth, TX-OK .....................................
21.04%
Davenport-Moline, IA-IL ......................................
14.43%
Dayton-Springfield-Sidney, OH ................................
16.50%
Denver-Aurora, CO ............................................
22. 93% .
Detroit-Warren-Ann Arbor, MI .................................
24.40%
Harrisburg-Lebanon, PA .......................................
14. 4
7%
Hartford-West Hartford, CT-MA ................................
26.20%
Hawaii .......................................................
16.81%
Houston-The Woodlands, TX ....................................
29.11%
Huntsville-Decatur-Albertville, AL ...........................
16.37%.
Indianapolis-Carmel-Muncie, IN ................................
14.92%
Kansas City-Overland Park-Kansas City, MO-KS .................
14.49%
Laredo, TX ...........................................
·
........
14.59%
Las Vegas-Henderson, NV-AZ ...................................
14.55%
Los Angeles-Long Beach, CA ...................................
27. 65%
Miami-Fort Lauderdale-Port St. Lucie, FL .....................
21.05%
Milwaukee-Racine-Waukesha, WI ................................
18.39%
Minneapolis-St. Paul, MN-WI ..................................
21.30%
New York-Newark, NY-NJ-CT-PA ...............
, .................
29.20%
Palm Bay-Melbourne-Titusville, FL ............................
14.42%
Philadelphia-Reading-Camden, PA-NJ-DE-MD .....................
22.22%
Phoenix-Mesa-Scottsdale, AZ ..................................
17.12%
Pittsburgh-New Castle-Weirton, PA-OH-WV ......................
16.68%
Portland-Vancouver-Salem, OR-WA ..............................
20.69%
Raleigh-Durham-Chapel Hill, NC ...............................
17.94%
Richmond, VA .................................................
16.76%
Sacramento-Roseville, CA-NV : . ................................
22. 61%
San Diego-Carlsbad, CA ...............................
·
........
24.73%
San Jose-San Francisco-Oakland, CA ...........................
35.75%
Seattle-Tacoma, WA ...........................................
22.2
6%
St. Louis-St. Charles-Farmington, MO-IL ......................
14.49%
Tucson-Nogales, AZ ...........................................
14.51%
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA ...............
24.78%
Rest of u.s ..................................................
14.35%
Locality Pay Areas are defined in 5 CFR 531.603.
SCHEDULE 10--ADMINISTRATIVE LAW JUDGES
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2016)
AL-3/A .......................................................
$107,000
AL-3/B ....................................................... 115,100
AL-3/C ....................................................... 123,500
AL-3/D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131,700
AL-3/E ....................................................... 140,100
AL-3/F ....................................................... 148,100
AL-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156,300
AL-l ......................................................... 160,300
| Adjustments of Certain Rates of Pay | 2015-12-18T00:00:00 | 9cc4a76b6450a42c5a987bce0e67000f6062e824c4510c7aa07b000f307366b5 |
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Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Presidential Documents
Executive Order 13708 of September 30, 2015
Continuance or Reestablishment 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 or, to the
extent necessary, reestablished until September 30, 2017.
(a) Committee for the Preservation of the White House; Executive Order
11145, as amended (Department of the Interior).
(b) President’s Commission on White House Fellowships; Executive Order
11183, as amended (Office of Personnel Management).
(c) President’s Committee on the National Medal of Science; Executive
Order 11287, as amended (National Science Foundation).
(d) Federal Advisory Council on Occupational Safety and Health; Executive
Order 11612, as amended (Department of Labor).
(e) President’s Export Council; Executive Order 12131, as amended (Depart-
ment of Commerce).
(f) President’s Committee on the International Labor Organization; Execu-
tive Order 12216, as amended (Department of Labor).
(g) President’s Committee on the Arts and the Humanities; Executive Order
12367, as amended (National Endowment for the Arts).
(h) President’s National Security Telecommunications Advisory Committee;
Executive Order 12382, as amended (Department of Homeland Security).
(i) National Industrial Security Program Policy Advisory Committee; Execu-
tive Order 12829, as amended (National Archives and Records Administra-
tion).
(j) Trade and Environment Policy Advisory Committee; Executive Order
12905 (Office of the United States Trade Representative).
(k) Governmental Advisory Committee to the United States Representative
to the North American Commission for Environmental Cooperation; Executive
Order 12915 (Environmental Protection Agency).
(l) National Advisory Committee to the United States Representative to
the North American Commission for Environmental Cooperation; Executive
Order 12915 (Environmental Protection Agency).
(m) Good Neighbor Environmental Board; Executive Order 12916 (Environ-
mental Protection Agency).
(n) Presidential Advisory Council on HIV/AIDS; Executive Order 12963,
as amended (Department of Health and Human Services).
(o) President’s Committee for People with Intellectual Disabilities; Execu-
tive Order 12994, as amended (Department of Health and Human Services).
(p) Invasive Species Advisory Committee; Executive Order 13112, as
amended (Department of the Interior).
(q) Marine Protected Areas Federal Advisory Committee; Executive Order
13158 (Department of Commerce).
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(r) Advisory Board on Radiation and Worker Health; Executive Order
13179 (Department of Health and Human Services).
(s) National Infrastructure Advisory Council; Executive Order 13231, as
amended (Department of Homeland Security).
(t) President’s Council on Fitness, Sports, and Nutrition; Executive Order
13265, as amended (Department of Health and Human Services).
(u) President’s Advisory Council on Faith-Based and Neighborhood Partner-
ships; Executive Order 13498 (Department of Health and Human Services).
(v) President’s Advisory Commission on Asian Americans and Pacific
Islanders; Executive Order 13515, as amended (Department of Education).
(w) Presidential Commission for the Study of Bioethical Issues; Executive
Order 13521 (Department of Health and Human Services).
(x) National Council on Federal Labor-Management Relations; Executive
Order 13522 (Office of Personnel Management).
(y) U.S. General Services Administration Labor-Management Relations
Council; Executive Order 13522 (General Services Administration).
(z) President’s Board of Advisors on Historically Black Colleges and Univer-
sities; Executive Order 13532, as amended (Department of Education).
(aa) President’s Management Advisory Board; Executive Order 13538, as
amended (General Services Administration).
(bb) President’s Council of Advisors on Science and Technology; Executive
Order 13539, as amended (Department of Energy).
(cc) Interagency Task Force on Veterans Small Business Development;
Executive Order 13540 (Small Business Administration).
(dd) Advisory Group on Prevention, Health Promotion, and Integrative
and Public Health; Executive Order 13544 (Department of Health and Human
Services).
(ee) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Com-
mittee; Executive Order 13549 (National Archives and Records Administra-
tion).
(ff) President’s Advisory Commission on Educational Excellence for His-
panics; Executive Order 13555, re-established by Executive Order 13634
(Department of Education).
(gg) President’s Global Development Council; Executive Order 13600, as
amended (United States Agency for International Development).
(hh) President’s Advisory Commission on Educational Excellence for Afri-
can Americans; Executive Order 13621 (Department of Education).
(ii) President’s Advisory Council on Doing Business in Africa; Executive
Order 13675 (Department of Commerce).
(jj) Presidential Advisory Council on Combating Antibiotic-Resistant Bac-
teria; Executive Order 13676 (Department of Health and Human Services).
(kk) Advisory Council on Wildlife Trafficking; Executive Order 13648
(Department of the Interior).
(ll) Commerce Spectrum Management Advisory Committee; initially estab-
lished pursuant to Presidential Memorandum on Improving Spectrum Man-
agement for the 21st Century (November 30, 2004) (Department of Commerce).
(mm) National Space-Based Positioning, Navigation, and Timing Advisory
Board; National Security Policy Directive–39, ‘‘U.S. National Space-Based
Position, Navigation, and Timing Policy’’ (December 8, 2004) (National Aero-
nautics and Space Administration).
(nn) San Juan Islands National Monument Advisory Committee; Proclama-
tion 8947 of March 25, 2013 (Department of the Interior).
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Sec. 2. Notwithstanding the provisions of any other Executive Order, the
functions of the President under the Federal Advisory Committee Act that
are applicable to the committees listed in section 1 of this order shall
be performed by the head of the department or agency designated after
each committee, in accordance with the regulations, guidelines, and proce-
dures established by the Administrator of General Services.
Sec. 3. Sections 1 and 2 of Executive Order 13652 of September 30, 2013,
are superseded by sections 1 and 2 of this order.
Sec. 4. Executive Order 12829 of January 6, 1993, is amended in section
103(c)(2) by striking ‘‘Administrator of General Services’’ and inserting in
lieu thereof ‘‘National Archives and Records Administration’’ and 103(d)
by striking ‘‘Administrator of General Services’’ and inserting in lieu thereof
‘‘the Archivist of the United States’’.
Sec. 5. This order shall be effective September 30, 2015.
THE WHITE HOUSE,
September 30, 2015.
[FR Doc. 2015–25489
Filed 10–2–15; 11:15 am]
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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Presidential Documents
Executive Order 13709 of October 2, 2015
National Security Medal
By virtue of the authority vested in me as President of the United States
and as Commander in Chief of the Armed Forces of the United States,
it is hereby ordered as follows:
Section 1. Policy. In order to more appropriately recognize distinguished
achievements and outstanding contributions in the field of national security,
Executive Order 10431 of January 19, 1953, is amended as follows:
(a) Section 2 is amended to read as follows: ‘‘The National Security
Medal may be awarded to any person, without regard to nationality, including
members of the Armed Forces of the United States, for distinguished achieve-
ment or outstanding contribution made on or after July 26, 1947, in the
field of national security through either exceptionally meritorious service
performed in a position of high responsibility or through an act of heroism
requiring personal courage of a high degree and complete disregard of per-
sonal safety.’’; and
(b) By inserting at the end:
‘‘7. Any individual having personal knowledge of the facts of a potential
recipient’s exceptionally meritorious service or act of heroism, either as
an eyewitness or from the testimony of others who have personal knowledge
or were eyewitnesses, may recommend the potential recipient as a candidate
for the award to the Executive Secretary of the National Security Council.
Any recommendations shall be made with the concurrence of the department
or agency employing the proposed recipient, if appropriate, and be accom-
panied by complete documentation, including, where necessary, certificates,
affidavits, or sworn transcripts of testimony. Each recommendation for an
award shall show the exact status, at the time of the rendition of the
service on which the recommendation is based, with respect to citizenship,
employment, and all other material factors of the person who is being
recommended for the National Security Medal. Each recommendation shall
contain a draft of an appropriate citation to accompany the award of the
National Security Medal.
‘‘8. Upon a determination by the Executive Secretary of the National
Security Council that the National Security Medal is warranted, and following
approval by the President, the Executive Secretary shall notify the Office
of the Director of National Intelligence, which will then process the award
recommendation, prepare the National Security Medal, with any appropriate
devices, and deliver the National Security Medal to the National Security
Council for presentation to the recipient.’’
Sec. 2. This order supersedes the regulations governing the award of the
National Security Medal issued with Presidential approval on January 19,
1953, and published with Executive Order 10431.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
October 2, 2015.
[FR Doc. 2015–25744
Filed 10–6–15; 11:15 am]
Billing code 3295–F6–P
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Presidential Executive Order | 2015-29498 (13711) | Presidential Documents
71923
Federal Register
Vol. 80, No. 221
Tuesday, November 17, 2015
Title 3—
The President
Executive Order 13711 of November 12, 2015
Establishing an Emergency Board To Investigate Disputes Be-
tween New Jersey Transit Rail and Certain of Its Employees
Represented by Certain Labor Organizations
Disputes exist between the New Jersey Transit Rail and certain of its employ-
ees represented by certain labor organizations. The labor organizations in-
volved in these disputes are designated on the attached list, which is made
part of this order.
The disputes have not heretofore been adjusted under the provisions of
the Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA).
A first emergency board to investigate and report on these disputes was
established on July 16, 2015, by Executive Order 13700 of July 15, 2015.
The emergency board terminated upon issuance of its report. Subsequently,
its recommendations were not accepted by the parties.
A party empowered by the RLA has requested that the President establish
a second emergency board pursuant to section 9A of the RLA (45 U.S.C.
159a).
Section 9A(e) of the RLA provides that the President, upon such request,
shall appoint a second emergency board to investigate and report on the
disputes.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the RLA, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board). There is established,
effective 12:01 a.m. eastern standard time on November 13, 2015, a Board
of three members to be appointed by the President to investigate and report
on these disputes. No member shall be pecuniarily or otherwise interested
in any organization of employees or any carrier. The Board shall perform
its functions subject to the availability of funds.
Sec. 2. Report. Within 30 days after the creation of the Board, the parties
to the disputes shall submit to the Board final offers for settlement of
the disputes. Within 30 days after the submission of final offers for settlement
of the disputes, the Board shall submit a report to the President setting
forth its selection of the most reasonable offer.
Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the Act,
from the time a request to establish a second emergency board is made
until 60 days after the Board submits its report to the President, the parties
to the controversy shall make no change in the conditions out of which
the disputes arose except by agreement of the parties.
Sec. 4. Records Maintenance. The records and files of the Board are records
of the Office of the President and upon the Board’s termination shall be
maintained in the physical custody of the National Mediation Board.
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Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
THE WHITE HOUSE,
November 12, 2015.
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[FR Doc. 2015–29498
Filed 11–16–15; 11:15 am]
Billing code 7551–01–C
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| Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations | 2015-11-12T00:00:00 | 5aafbc9ee36489fb59c21449dc16c8498b913c9a9f27142d77e2ac2782df77da |
Presidential Executive Order | 2015-22998 (13706) | Presidential Documents
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Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Presidential Documents
Executive Order 13706 of September 7, 2015
Establishing Paid Sick Leave for Federal Contractors
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. 121, and in
order to promote economy and efficiency in procurement by contracting
with sources that allow their employees to earn paid sick leave, it is hereby
ordered as follows:
Section 1. Policy. This order seeks to increase efficiency and cost savings
in the work performed by parties that contract with the Federal Government
by ensuring that employees on those contracts can earn up to 7 days or
more of paid sick leave annually, including paid leave allowing for family
care. Providing access to paid sick leave will improve the health and perform-
ance of employees of Federal contractors and bring benefits packages at
Federal contractors in line with model employers, ensuring that they remain
competitive employers in the search for dedicated and talented employees.
These savings and quality improvements will lead to improved economy
and efficiency in Government procurement.
Sec. 2. Establishing paid sick leave for Federal contractors and subcontrac-
tors. (a) Executive departments and agencies (agencies) shall, to the extent
permitted by law, ensure that new contracts, contract-like instruments, and
solicitations (collectively referred to as ‘‘contracts’’), as described in section
6 of this order, include a clause, which the contractor and any subcontractors
shall incorporate into lower-tier subcontracts, specifying, as a condition
of payment, that all employees, in the performance of the contract or any
subcontract thereunder, shall earn not less than 1 hour of paid sick leave
for every 30 hours worked.
(b) A contractor may not set a limit on the total accrual of paid sick
leave per year, or at any point in time, at less than 56 hours.
(c) Paid sick leave earned under this order may be used by an employee
for an absence resulting from:
(i) physical or mental illness, injury, or medical condition;
(ii) obtaining diagnosis, care, or preventive care from a health care provider;
(iii) caring for a child, a parent, a spouse, a domestic partner, or any
other individual related by blood or affinity whose close association with
the employee is the equivalent of a family relationship who has any
of the conditions or needs for diagnosis, care, or preventive care described
in paragraphs (i) or (ii) of this subsection or is otherwise in need of
care; or
(iv) domestic violence, sexual assault, or stalking, if the time absent from
work is for the purposes otherwise described in paragraphs (i) and (ii)
of this subsection, to obtain additional counseling, to seek relocation,
to seek assistance from a victim services organization, to take related
legal action, including preparation for or participation in any related civil
or criminal legal proceeding, or to assist an individual related to the
employee as described in paragraph (iii) of this subsection in engaging
in any of these activities.
(d) Paid sick leave accrued under this order shall carry over from 1
year to the next and shall be reinstated for employees rehired by a covered
contractor within 12 months after a job separation.
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(e) The use of paid sick leave cannot be made contingent on the requesting
employee finding a replacement to cover any work time to be missed.
(f) The paid sick leave required by this order is in addition to a contractor’s
obligations under 41 U.S.C. chapter 67 (Service Contract Act) and 40 U.S.C.
chapter 31, subchapter IV (Davis-Bacon Act), and contractors may not receive
credit toward their prevailing wage or fringe benefit obligations under those
Acts for any paid sick leave provided in satisfaction of the requirements
of this order.
(g) A contractor’s existing paid leave policy provided in addition to the
fulfillment of Service Contract Act or Davis-Bacon Act obligations, if applica-
ble, and made available to all covered employees will satisfy the requirements
of this order if the amount of paid leave is sufficient to meet the requirements
of this section and if it may be used for the same purposes and under
the same conditions described herein.
(h) Paid sick leave shall be provided upon the oral or written request
of an employee that includes the expected duration of the leave, and is
made at least 7 calendar days in advance where the need for the leave
is foreseeable, and in other cases as soon as is practicable.
(i) Certification.
(i) A contractor may only require certification issued by a health care
provider for paid sick leave used for the purposes listed in subsections
(c)(i), (c)(ii), or (c)(iii) of this section for employee absences of 3 or more
consecutive workdays, to be provided no later than 30 days from the
first day of the leave.
(ii) If 3 or more consecutive days of paid sick leave is used for the
purposes listed in subsection (c)(iv) of this section, documentation may
be required to be provided from an appropriate individual or organization
with the minimum necessary information establishing a need for the em-
ployee to be absent from work. The contractor shall not disclose any
verification information and shall maintain confidentiality about the do-
mestic violence, sexual assault, or stalking, unless the employee consents
or when disclosure is required by law.
(j) Nothing in this order shall require a covered contractor to make a
financial payment to an employee upon a separation from employment
for accrued sick leave that has not been used, but unused leave is subject
to reinstatement as prescribed in subsection (d) of this section.
(k) A covered contractor may not interfere with or in any other manner
discriminate against an employee for taking, or attempting to take, paid
sick leave as provided for under this order or in any manner asserting,
or assisting any other employee in asserting, any right or claim related
to this order.
(l) Nothing in this order shall excuse noncompliance with or supersede
any applicable Federal or State law, any applicable law or municipal ordi-
nance, or a collective bargaining agreement requiring greater paid sick leave
or leave rights than those established under this order.
Sec. 3. Regulations and Implementation. (a) The Secretary of Labor (Secretary)
shall issue such regulations by September 30, 2016, as are deemed necessary
and appropriate to carry out this order, to the extent permitted by law
and consistent with the requirements of 40 U.S.C. 121, including providing
exclusions from the requirements set forth in this order where appropriate;
defining terms used in this order; and requiring contractors to make, keep,
and preserve such employee records as the Secretary deems necessary and
appropriate for the enforcement of the provisions of this order or the regula-
tions thereunder. To the extent permitted by law, within 60 days of the
Secretary issuing such regulations, the Federal Acquisition Regulatory Coun-
cil shall issue regulations in the Federal Acquisition Regulation to provide
for inclusion in Federal procurement solicitations and contracts subject to
this order the contract clause described in section 2(a) of this order.
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(b) Within 60 days of the Secretary issuing regulations pursuant to sub-
section (a) of this section, agencies shall take steps, to the extent permitted
by law, to exercise any applicable authority to ensure that contracts as
described in section 6(d)(i)(C) and (D) of this order, entered into after January
1, 2017, consistent with the effective date of such agency action, comply
with the requirements set forth in section 2 of this order.
(c) Any regulations issued pursuant to this section should, to the extent
practicable and consistent with section 7 of this order, incorporate existing
definitions, procedures, remedies, and enforcement processes under the Fair
Labor Standards Act, 29 U.S.C. 201 et seq.; the Service Contract Act; the
Davis-Bacon Act; the Family and Medical Leave Act, 29 U.S.C. 2601 et
seq.; the Violence Against Women Act of 1994, 42 U.S.C. 13925 et seq.;
and Executive Order 13658 of February 12, 2014, Establishing a Minimum
Wage for Contractors.
Sec. 4. Enforcement. (a) The Secretary shall have the authority for inves-
tigating potential violations of and obtaining compliance with this order,
including the prohibitions on interference and discrimination in section
2(k) of this order.
(b) This order creates no rights under the Contract Disputes Act, and
disputes regarding whether a contractor has provided employees with paid
sick leave prescribed by this order, to the extent permitted by law, shall
be disposed of only as provided by the Secretary in regulations issued
pursuant to this order.
Sec. 5. Severability. If any provision of this order, or applying 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. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(d) This order shall apply only to a new contract or contract-like instru-
ment, as defined by the Secretary in the regulations issued pursuant to
section 3(a) of this order, if:
(i) (A) it is a procurement contract for services or construction;
(B) it is a contract or contract-like instrument for services covered by
the Service Contract Act;
(C) it is a contract or contract-like instrument for concessions, including
any concessions contract excluded by Department of Labor regulations
at 29 CFR 4.133(b); or
(D) it is a contract or contract-like instrument entered into with the Federal
Government in connection with Federal property or lands and related
to offering services for Federal employees, their dependents, or the general
public; and
(ii) the wages of employees under such contract or contract-like instrument
are governed by the Davis-Bacon Act, the Service Contract Act, or the
Fair Labor Standards Act, including employees who qualify for an exemp-
tion from its minimum wage and overtime provisions.
(e) For contracts or contract-like instruments covered by the Service Con-
tract Act or the Davis-Bacon Act, this order shall apply only to contracts
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or contract-like instruments at the thresholds specified in those statutes.
For procurement contracts in which employees’ wages are governed by
the Fair Labor Standards Act, this order shall apply only to contracts or
contract-like instruments that exceed the micro-purchase threshold, as de-
fined in 41 U.S.C. 1902(a), unless expressly made subject to this order
pursuant to regulations or actions taken under section 3 of this order.
(f) This order shall not apply to grants; contracts and agreements with
and grants to Indian Tribes under the Indian Self-Determination and Edu-
cation Assistance Act (Public Law 93–638), as amended; or any contracts
or contract-like instruments expressly excluded by the regulations issued
pursuant to section 3(a) of this order.
(g) Independent agencies are strongly encouraged to comply with the
requirements of this order.
Sec. 7. Effective Date. (a) This order is effective immediately and shall
apply to covered contracts where the solicitation for such contract has
been issued, or the contract has been awarded outside the solicitation process,
on or after:
(i) January 1, 2017, consistent with the effective date for the action taken
by the Federal Acquisition Regulatory Council pursuant to section 3(a)
of this order; or
(ii) January 1, 2017, for contracts where an agency action is taken pursuant
to section 3(b) of this order, consistent with the effective date for such
action.
(b) This order shall not apply to contracts or contract-like instruments
that are awarded, or entered into pursuant to solicitations issued, on or
before the effective date for the relevant action taken pursuant to section
3 of this order.
THE WHITE HOUSE,
September 7, 2015.
[FR Doc. 2015–22998
Filed 9–9–15; 11:15 am]
Billing code 3295–F5
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| Establishing Paid Sick Leave for Federal Contractors | 2015-09-07T00:00:00 | cc4c420d571cbf5e745041b737a9c2ea699b090f0876757fd4526b95e946d7aa |
Presidential Executive Order | 2015-20801 (13704) | Presidential Documents
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Federal Register
Vol. 80, No. 161
Thursday, August 20, 2015
Title 3—
The President
Executive Order 13704 of August 17, 2015
Presidential Innovation Fellows Program
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is in the national interest for the Federal Government
to attract the brightest minds skilled in technology or innovative practices
to serve in the Federal Government to work on some of the Nation’s biggest
and most pressing challenges. This order establishes a program to encourage
successful entrepreneurs, executives, and innovators to join the Federal Gov-
ernment and work in close cooperation with Federal Government leaders,
to create meaningful solutions that can help save lives and taxpayer money,
fuel job creation, and significantly improve how the Federal Government
serves the American people.
Sec. 2. Establishment and Administration. (a) The Administrator of General
Services (Administrator) shall establish the Presidential Innovation Fellows
Program (Program) to enable exceptional individuals with proven track
records to serve time-limited appointments in executive branch departments
and agencies (agencies) to address some of the Nation’s most significant
challenges and improve existing Government efforts that would particularly
benefit from expertise using innovative techniques and technology. Individ-
uals selected for the Program shall be known as Presidential Innovation
Fellows (Fellows).
(b) The Program shall be administered by a Director, appointed by the
Administrator under authorities of the General Services Administration
(GSA). GSA shall provide necessary staff, resources and administrative sup-
port for the Program to the extent permitted by law and within existing
appropriations.
(c) GSA shall appoint the Fellows and, in cooperation with agencies,
shall facilitate placement of the Fellows to participate in projects that have
the potential for significant positive effects and are consistent with the
President’s goals.
Sec. 3. Advisory Board. (a) The Administrator shall establish an Advisory
Board to advise the Director by recommending such priorities and standards
as may be beneficial to fulfill the mission of the Program and assist in
identifying potential projects and placements for Fellows. The Advisory
Board will not participate in the Fellows’ selection process.
(b) The Administrator will designate a representative to serve as the Chair
of the Advisory Board. In addition to the Chair, the membership of the
Advisory Board shall include the Deputy Director for Management of the
Office of Management and Budget, the Director of the Office of Personnel
Management, the Office of Management and Budget’s Administrator of the
Office of Electronic Government, and the Assistant to the President and
Chief Technology Officer, or their designees and such other persons as
may be designated by the Administrator. Consistent with law, the Advisory
Board may consult with industry, academia, or non-profits to ensure the
Program is continually identifying opportunities to apply advanced skillsets
and innovative practices in effective ways to address the Nation’s most
significant challenges.
Sec. 4. Application Process. (a) The Director, in accordance with applicable
law, shall prescribe the process for applications and nominations of individ-
uals to the Program.
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(b) Following publication of these processes, the Director may accept
for consideration applications from individuals. The Director shall establish,
administer, review, and revise, if appropriate, a Government-wide cap on
the number of Fellows.
The Director shall establish and publish salary ranges, benefits, and standards
for the Program.
Sec. 5. Selection, Appointment, and Assignment of Fellows. (a) The Director,
in accordance with applicable law, shall prescribe appropriate procedures
for the selection, appointment, and assignment of Fellows.
(b) Prior to the selection of Fellows, the Director will consult with agencies
and executive branch departments, regarding potential projects and how
best to meet those needs. Following such consultation, the Director shall
select and appoint individuals to serve as Fellows.
(c) The Fellows shall serve under short-term, time-limited appointments.
As a general matter, they shall be appointed for no less than 6 months
and no longer than 2 years in the Program. The Director shall facilitate
the process of placing Fellows at requesting agencies and executive branch
departments.
Sec. 6. Responsibilities of Agencies. Each executive branch department or
agency, as defined in section 105 of title 5, United States Code, is encouraged
to work with the Director and Advisory Board to attempt to maximize
the Program’s benefits to the department or agency and the Federal Govern-
ment, including by identifying initiatives that will have a meaningful effect
on the people served and that will benefit from involvement by one or
more Fellows. Departments and agencies also are encouraged to ensure
that each Fellow will work closely with responsible senior officials for
the duration of the assignment.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head
thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
August 17, 2015.
[FR Doc. 2015–20801
Filed 8–19–15; 11:15 am]
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Federal Register
Vol. 80, No. 181
Friday, September 18, 2015
Title 3—
The President
Executive Order 13707 of September 15, 2015
Using Behavioral Science Insights To Better Serve the Amer-
ican People
A growing body of evidence demonstrates that behavioral science insights—
research findings from fields such as behavioral economics and psychology
about how people make decisions and act on them—can be used to design
government policies to better serve the American people.
Where Federal policies have been designed to reflect behavioral science
insights, they have substantially improved outcomes for the individuals,
families, communities, and businesses those policies serve. For example,
automatic enrollment and automatic escalation in retirement savings plans
have made it easier to save for the future, and have helped Americans
accumulate billions of dollars in additional retirement savings. Similarly,
streamlining the application process for Federal financial aid has made
college more financially accessible for millions of students.
To more fully realize the benefits of behavioral insights and deliver better
results at a lower cost for the American people, the Federal Government
should design its policies and programs to reflect our best understanding
of how people engage with, participate in, use, and respond to those policies
and programs. By improving the effectiveness and efficiency of Government,
behavioral science insights can support a range of national priorities, includ-
ing helping workers to find better jobs; enabling Americans to lead longer,
healthier lives; improving access to educational opportunities and support
for success in school; and accelerating the transition to a low-carbon econ-
omy.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, I hereby direct the following:
Section 1. Behavioral Science Insights Policy Directive.
(a) Executive departments and agencies (agencies) are encouraged to:
(i) identify policies, programs, and operations where applying behavioral
science insights may yield substantial improvements in public welfare,
program outcomes, and program cost effectiveness;
(ii) develop strategies for applying behavioral science insights to programs
and, where possible, rigorously test and evaluate the impact of these
insights;
(iii) recruit behavioral science experts to join the Federal Government
as necessary to achieve the goals of this directive; and
(iv) strengthen agency relationships with the research community to better
use empirical findings from the behavioral sciences.
(b) In implementing the policy directives in section (a), agencies shall:
(i) identify opportunities to help qualifying individuals, families, commu-
nities, and businesses access public programs and benefits by, as appro-
priate, streamlining processes that may otherwise limit or delay participa-
tion—for example, removing administrative hurdles, shortening wait times,
and simplifying forms;
(ii) improve how information is presented to consumers, borrowers, pro-
gram beneficiaries, and other individuals, whether as directly conveyed
by the agency, or in setting standards for the presentation of information,
by considering how the content, format, timing, and medium by which
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information is conveyed affects comprehension and action by individuals,
as appropriate;
(iii) identify programs that offer choices and carefully consider how the
presentation and structure of those choices, including the order, number,
and arrangement of options, can most effectively promote public welfare,
as appropriate, giving particular consideration to the selection and setting
of default options; and
(iv) review elements of their policies and programs that are designed
to encourage or make it easier for Americans to take specific actions,
such as saving for retirement or completing education programs. In doing
so, agencies shall consider how the timing, frequency, presentation, and
labeling of benefits, taxes, subsidies, and other incentives can more effec-
tively and efficiently promote those actions, as appropriate. Particular
attention should be paid to opportunities to use nonfinancial incentives.
(c) For policies with a regulatory component, agencies are encouraged
to combine this behavioral science insights policy directive with their ongo-
ing review of existing significant regulations to identify and reduce regulatory
burdens, as appropriate and consistent with Executive Order 13563 of January
18, 2011 (Improving Regulation and Regulatory Review), and Executive Order
13610 of May 10, 2012 (Identifying and Reducing Regulatory Burdens).
Sec. 2. Implementation of the Behavioral Science Insights Policy Directive.
(a) The Social and Behavioral Sciences Team (SBST), under the National
Science and Technology Council (NSTC) and chaired by the Assistant to
the President for Science and Technology, shall provide agencies with advice
and policy guidance to help them execute the policy objectives outlined
in section 1 of this order, as appropriate.
(b) The NSTC shall release a yearly report summarizing agency implementa-
tion of section 1 of this order each year until 2019. Member agencies of
the SBST are expected to contribute to this report.
(c) To help execute the policy directive set forth in section 1 of this
order, the Chair of the SBST shall, within 45 days of the date of this
order and thereafter as necessary, issue guidance to assist agencies in imple-
menting this order.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head
thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) Independent agencies are strongly encouraged to comply with the
requirements of this order.
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(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
September 15, 2015.
[FR Doc. 2015–23630
Filed 9–17–15; 8:45 am]
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| Using Behavioral Science Insights To Better Serve the American People | 2015-09-15T00:00:00 | f50b7e5ddec149e8e70444800245c22d74a07d5b174159054a692e5aca815dbb |
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Executive Order 13702 of July 29, 2015
Creating a National Strategic Computing Initiative
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to maximize benefits of high-
performance computing (HPC) research, development, and deployment, it
is hereby ordered as follows:
Section 1. Policy. In order to maximize the benefits of HPC for economic
competitiveness and scientific discovery, the United States Government must
create a coordinated Federal strategy in HPC research, development, and
deployment. Investment in HPC has contributed substantially to national
economic prosperity and rapidly accelerated scientific discovery. Creating
and deploying technology at the leading edge is vital to advancing my
Administration’s priorities and spurring innovation. Accordingly, this order
establishes the National Strategic Computing Initiative (NSCI). The NSCI
is a whole-of-government effort designed to create a cohesive, multi-agency
strategic vision and Federal investment strategy, executed in collaboration
with industry and academia, to maximize the benefits of HPC for the United
States.
Over the past six decades, U.S. computing capabilities have been maintained
through continuous research and the development and deployment of new
computing systems with rapidly increasing performance on applications of
major significance to government, industry, and academia. Maximizing the
benefits of HPC in the coming decades will require an effective national
response to increasing demands for computing power, emerging technological
challenges and opportunities, and growing economic dependency on and
competition with other nations. This national response will require a cohe-
sive, strategic effort within the Federal Government and a close collaboration
between the public and private sectors.
It is the policy of the United States to sustain and enhance its scientific,
technological, and economic leadership position in HPC research, develop-
ment, and deployment through a coordinated Federal strategy guided by
four principles:
(1) The United States must deploy and apply new HPC technologies
broadly for economic competitiveness and scientific discovery.
(2) The United States must foster public-private collaboration, relying
on the respective strengths of government, industry, and academia to maxi-
mize the benefits of HPC.
(3) The United States must adopt a whole-of-government approach that
draws upon the strengths of and seeks cooperation among all executive
departments and agencies with significant expertise or equities in HPC while
also collaborating with industry and academia.
(4) The United States must develop a comprehensive technical and sci-
entific approach to transition HPC research on hardware, system software,
development tools, and applications efficiently into development and, ulti-
mately, operations.
This order establishes the NSCI to implement this whole-of-government
strategy, in collaboration with industry and academia, for HPC research,
development, and deployment.
Sec. 2. Objectives. Executive departments, agencies, and offices (agencies)
participating in the NSCI shall pursue five strategic objectives:
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(1) Accelerating delivery of a capable exascale computing system that
integrates hardware and software capability to deliver approximately 100
times the performance of current 10 petaflop systems across a range of
applications representing government needs.
(2) Increasing coherence between the technology base used for modeling
and simulation and that used for data analytic computing.
(3) Establishing, over the next 15 years, a viable path forward for future
HPC systems even after the limits of current semiconductor technology
are reached (the ‘‘post-Moore’s Law era’’).
(4) Increasing the capacity and capability of an enduring national HPC
ecosystem by employing a holistic approach that addresses relevant factors
such as networking technology, workflow, downward scaling, foundational
algorithms and software, accessibility, and workforce development.
(5) Developing an enduring public-private collaboration to ensure that
the benefits of the research and development advances are, to the greatest
extent, shared between the United States Government and industrial and
academic sectors.
Sec. 3. Roles and Responsibilities. To achieve the five strategic objectives,
this order identifies lead agencies, foundational research and development
agencies, and deployment agencies. Lead agencies are charged with devel-
oping and delivering the next generation of integrated HPC capability and
will engage in mutually supportive research and development in hardware
and software, as well as in developing the workforce to support the objectives
of the NSCI. Foundational research and development agencies are charged
with fundamental scientific discovery work and associated advances in engi-
neering necessary to support the NSCI objectives. Deployment agencies will
develop mission-based HPC requirements to influence the early stages of
the design of new HPC systems and will seek viewpoints from the private
sector and academia on target HPC requirements. These groups may expand
to include other government entities as HPC-related mission needs emerge.
(a) Lead Agencies. There are three lead agencies for the NSCI: the Depart-
ment of Energy (DOE), the Department of Defense (DOD), and the National
Science Foundation (NSF). The DOE Office of Science and DOE National
Nuclear Security Administration will execute a joint program focused on
advanced simulation through a capable exascale computing program empha-
sizing sustained performance on relevant applications and analytic computing
to support their missions. NSF will play a central role in scientific discovery
advances, the broader HPC ecosystem for scientific discovery, and workforce
development. DOD will focus on data analytic computing to support its
mission. The assignment of these responsibilities reflects the historical roles
that each of the lead agencies have played in pushing the frontiers of
HPC, and will keep the Nation on the forefront of this strategically important
field. The lead agencies will also work with the foundational research and
development agencies and the deployment agencies to support the objectives
of the NSCI and address the wide variety of needs across the Federal
Government.
(b) Foundational Research and Development Agencies. There are two
foundational research and development agencies for the NSCI: the Intel-
ligence Advanced Research Projects Activity (IARPA) and the National Insti-
tute of Standards and Technology (NIST). IARPA will focus on future com-
puting paradigms offering an alternative to standard semiconductor com-
puting technologies. NIST will focus on measurement science to support
future computing technologies. The foundational research and development
agencies will coordinate with deployment agencies to enable effective transi-
tion of research and development efforts that support the wide variety of
requirements across the Federal Government.
(c) Deployment Agencies. There are five deployment agencies for the NSCI:
the National Aeronautics and Space Administration, the Federal Bureau
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of Investigation, the National Institutes of Health, the Department of Home-
land Security, and the National Oceanic and Atmospheric Administration.
These agencies may participate in the co-design process to integrate the
special requirements of their respective missions and influence the early
stages of design of new HPC systems, software, and applications. Agencies
will also have the opportunity to participate in testing, supporting workforce
development activities, and ensuring effective deployment within their mis-
sion contexts.
Sec. 4. Executive Council. (a) To ensure accountability for and coordination
of research, development, and deployment activities within the NSCI, there
is established an NSCI Executive Council to be co-chaired by the Director
of the Office of Science and Technology Policy (OSTP) and the Director
of the Office of Management and Budget (OMB). The Director of OSTP
shall designate members of the Executive Council from within the executive
branch. The Executive Council will include representatives from agencies
with roles and responsibilities as identified in this order.
(b) The Executive Council shall coordinate and collaborate with the Na-
tional Science and Technology Council established by Executive Order 12881
of November 23, 1993, and its subordinate entities as appropriate to ensure
that HPC efforts across the Federal Government are aligned with the NSCI.
The Executive Council shall also consult with representatives from other
agencies as it determines necessary. The Executive Council may create addi-
tional task forces as needed to ensure accountability and coordination.
(c) The Executive Council shall meet regularly to assess the status of
efforts to implement this order. The Executive Council shall meet no less
often than twice yearly in the first year after issuance of this order. The
Executive Council may revise the meeting frequency as needed thereafter.
In the event the Executive Council is unable to reach consensus, the Co-
Chairs will be responsible for documenting issues and potential resolutions
through a process led by OSTP and OMB.
(d) The Executive Council will encourage agencies to collaborate with
the private sector as appropriate. The Executive Council may seek advice
from the President’s Council of Advisors on Science and Technology through
the Assistant to the President for Science and Technology and may interact
with other private sector groups consistent with the Federal Advisory Com-
mittee Act.
Sec. 5. Implementation. (a) The Executive Council shall, within 90 days
of the date of this order, establish an implementation plan to support and
align efforts across agencies in support of the NSCI objectives. Annually
thereafter for 5 years, the Executive Council shall update the implementation
plan as required and document the progress made in implementing the
plan, engaging with the private sector, and taking actions to implement
this order. After 5 years, updates to the implementation plan may be re-
quested at the discretion of the Co-Chairs.
(b) The Co-Chairs shall prepare a report each year until 5 years from
the date of this order on the status of the NSCI for the President. After
5 years, reports may be prepared at the discretion of the Co-Chairs.
Sec. 6. Definitions. For the purposes of this order:
The term ‘‘high-performance computing’’ refers to systems that, through
a combination of processing capability and storage capacity, can solve com-
putational problems that are beyond the capability of small- to medium-
scale systems.
The term ‘‘petaflop’’ refers to the ability to perform one quadrillion arith-
metic operations per second.
The term ‘‘exascale computing system’’ refers to a system operating at
one thousand petaflops.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
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(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
July 29, 2015.
[FR Doc. 2015–19183
Filed 7–31–15; 11:15 am]
Billing code 3295–F5
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Presidential Executive Order | 2015-19209 (13703) | Presidential Documents
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Federal Register
Vol. 80, No. 149
Tuesday, August 4, 2015
Title 3—
The President
Executive Order 13703 of July 30, 2015
Implementing the National HIV/AIDS Strategy for the United
States for 2015–2020
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 improved
health outcomes for Americans at risk for or living with HIV/AIDS and
achieve greater coordination across the Federal Government, I hereby order
as follows:
Section 1. Policy. My Administration has made substantial progress in ad-
dressing the domestic HIV epidemic since the National HIV/AIDS Strategy
for the United States (Strategy), the first of its kind, was released in July
2010. The Strategy has served as a blueprint for executive departments
and agencies (agencies) as well as for community partners in the private
and nonprofit sectors. This effort has led to increased coordination and
collaboration among agencies and fostered the use of evidence-based policy
approaches for improving HIV prevention and care.
Federal, State, and local agencies have contributed to significant improve-
ments in health outcomes through their enhanced focus on the HIV care
continuum—the sequential stages of care from being diagnosed to achieving
viral suppression. Our partners across all levels of government and all sectors
of society have also worked to ensure that all Americans living with HIV/
AIDS receive our full support at every stage of their illness.
Further, my Administration has been committed to reducing the HIV-related
disparities experienced by certain populations, including gay and bisexual
men of all races and ethnicities, Black women and men, Latino women
and men, people who inject drugs, youth aged 13–24, people in the Southern
United States, and transgender women. Addressing the intersection between
HIV/AIDS, violence against women and girls, and gender-related health dis-
parities has also been a priority. The Working Group on the Intersection
of HIV/AIDS, Violence Against Women and Girls, and Gender-related Health
Disparities established in my memorandum of March 30, 2012, has focused
its efforts on increasing screenings for HIV and intimate partner violence,
addressing violence and trauma when supporting women in HIV care, and
expanding public education efforts across all levels of government regarding
HIV and violence against women and girls.
Today, I am releasing the National HIV/AIDS Strategy for the United States:
Updated to 2020 (Updated Strategy) to build on this progress. The Updated
Strategy integrates the recommendations of the HIV Care Continuum Working
Group, established in Executive Order 13649 of July 15, 2013 (HIV Care
Continuum Initiative), and the recommendations of the Working Group on
the Intersection of HIV/AIDS, Violence Against Women and Girls, and Gen-
der-related Health Disparities, so that their work can inform the Nation’s
response to the domestic HIV/AIDS epidemic. The Updated Strategy also
takes into account recent research advancements in our understanding of
HIV/AIDS, and builds on the historic successes of the Affordable Care Act,
which is helping millions of Americans, including those who are living
with HIV, access affordable, quality health care.
This order is designed to ensure successful implementation of the Updated
Strategy by requiring coordination and collaboration by, and accountability
of, the Federal Government; fostering enhanced and innovative partnerships
with State, tribal, and local governments; and encouraging the commitment
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of all parts of society. The duties and authorities this order assigns are
in addition to those assigned by my memorandum of July 13, 2010 (Imple-
mentation of the National HIV/AIDS Strategy). In light of recent progress
and continuing challenges, we must continue to improve our national effort
to reduce new HIV infections, increase access to care for people living
with HIV, reduce HIV-related disparities and health inequities, and achieve
greater coordination across all levels of government.
Sec. 2. Role of the White House Office of National AIDS Policy (ONAP).
(a) The Director of ONAP, in consultation with the Director of the Office
of Management and Budget (OMB), shall be responsible for monitoring the
implementation of the Updated Strategy.
(b) The Director of ONAP shall annually report to the President on the
implementation of the Updated Strategy, including progress in meeting key
targets and taking key actions identified in the Updated Strategy and the
Federal Action Plan, an annual guidepost developed by ONAP in conjunction
with agencies, designed to implement new efforts to address the domestic
HIV/AIDS epidemic.
Sec. 3. Lead Agency Responsibilities. While the Updated Strategy will require
a Government-wide effort in order to succeed fully, certain agencies have
primary responsibilities and competencies in implementing the Updated
Strategy.
(a) Designation of Lead Agencies. Lead agencies for implementing the
Updated Strategy shall be:
(i) the Department of Defense;
(ii) the Department of Justice;
(iii) the Department of the Interior;
(iv) the Department of Labor;
(v) the Department of Health and Human Services;
(vi) the Department of Housing and Urban Development;
(vii) the Department of Education;
(viii) the Department of Veterans Affairs;
(ix) the Department of Homeland Security; and
(x) the Social Security Administration.
(b) Lead Agency Action Plans. Within 100 days of the date of this order,
the head of each lead agency shall submit a report to ONAP and OMB
on the agency’s action plan for implementing the Updated Strategy. The
plans shall assign responsibilities to agency officials, designate reporting
structures for actions identified in the Federal Action Plan, and identify
other appropriate actions to advance the Updated Strategy. The plans shall
also include steps to strengthen coordination in planning, budgeting for,
and evaluating domestic HIV/AIDS programs within and across agencies.
Lead agencies are encouraged to consider, and reflect in their plans, steps
to streamline grantee reporting requirements and funding announcements
related to HIV/AIDS programs and activities.
(c) Ongoing Responsibilities of Lead Agencies. The head of each lead
agency shall:
(i) designate an official responsible for coordinating the agency’s ongoing
efforts to implement the Updated Strategy;
(ii) develop and support a process for sharing progress reports, including
status updates on achieving specific quantitative targets established by
the Updated Strategy, with relevant agencies and ONAP on an annual
basis, or at such other times as ONAP requests; and
(iii) in consultation with OMB, use the budget development process to
prioritize programs and activities most critical to meeting the goals of
the Updated Strategy.
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Sec. 4. Other Agency Responsibilities. All agencies that support HIV/AIDS
programs and activities shall ensure that, to the extent permitted by law,
they are meeting the goals of the Updated Strategy.
(a) Department of State. Within 100 days of the date of this order, the
Secretary of State shall submit to ONAP and OMB recommendations for
improving the Government-wide response to the domestic HIV/AIDS epi-
demic, based on lessons learned in implementing the President’s Emergency
Plan for AIDS Relief program.
(b) Equal Employment Opportunity Commission (Commission). Within 100
days of the date of this order, the Chair of the Commission shall submit
to ONAP and OMB recommendations for increasing employment opportuni-
ties for people living with HIV and a plan for addressing employment-
related discrimination against people living with HIV, consistent with the
Commission’s authorities and other applicable law.
Sec. 5. Role of the Presidential Advisory Council on HIV/AIDS (PACHA).
The PACHA, which was established by Executive Order 12963 of June
14, 1995 (Presidential Advisory Council on HIV/AIDS), as amended, shall
monitor the implementation of the Updated Strategy and make recommenda-
tions to the Secretary of Health and Human Services (Secretary) and to
the Director of ONAP, as appropriate, concerning implementation and
progress in achieving the Updated Strategy’s goals.
Sec. 6. National HIV/AIDS Strategy Federal Interagency Working Group.
There is established the National HIV/AIDS Strategy Federal Interagency
Working Group (Federal Interagency Working Group) to support the imple-
mentation of the Updated Strategy.
(a) Membership. The Federal Interagency Working Group shall be co-
chaired by the Director of ONAP and the Secretary or their designees.
In addition to the Co-Chairs, the Federal Interagency Working Group shall
consist of representatives from each lead agency, OMB, and any other agency
or office designated by the Co-Chairs.
(b) Consultation. The Federal Interagency Working Group shall consult
with the PACHA, as appropriate.
(c) Outreach. The Federal Interagency Working Group shall hold regular
meetings and conduct outreach with representatives of private and nonprofit
organizations, State, tribal, and local governments and agencies, elected offi-
cials, and other interested persons to assist the Federal Interagency Working
Group in its efforts.
(d) Functions. As part of its efforts, the Federal Interagency Working
Group shall:
(i) request and review information from agencies describing their efforts
to implement the Updated Strategy;
(ii) share and disseminate best practices to combat the HIV epidemic
among agencies and other stakeholders;
(iii) integrate new HIV-related research results into the overall implementa-
tion of the Updated Strategy;
(iv) obtain input from community partners, scientific and technical experts,
and stakeholders in State, tribal, and local governments to inform imple-
mentation of the Updated Strategy;
(v) increase government and public awareness of HIV-related issues;
(vi) specify how to better align and coordinate Federal efforts, both within
and across agencies, to improve health outcomes for Americans at risk
for or living with HIV; and
(vii) integrate the Working Group on the Intersection of HIV/AIDS, Violence
Against Women and Girls, and Gender-related Health Disparities into the
implementation of the Updated Strategy.
(e) Reporting.
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(i) Within 100 days of the date of this order, the Federal Interagency
Working Group shall provide recommendations to the President on actions
that agencies should take to implement the Updated Strategy through
2020.
(ii) The Director of ONAP shall include, as part of the Director’s annual
report to the President, a report prepared by the Federal Interagency
Working Group concerning Government-wide progress in implementing
the Updated Strategy.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
July 30, 2015.
[FR Doc. 2015–19209
Filed 8–3–15; 8:45 am]
Billing code 3295–F5
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| Implementing the National HIV/AIDS Strategy for the United States for 2015-2020 | 2015-07-30T00:00:00 | 7ed0d23b6b80af33d9193120c29c05628251de7cbbb67a865ada66a99db451aa |
Presidential Executive Order | 2015-22888 (13705) | Presidential Documents
54405
Federal Register
Vol. 80, No. 174
Wednesday, September 9, 2015
Title 3—
The President
Executive Order 13705 of September 3, 2015
Designating the International Renewable Energy Agency as a
Public International Organization Entitled To Enjoy Certain
Privileges, Exemptions, and Immunities
Section 1. Designation. By the authority vested in me as President by the
Constitution and the laws of the United States of America, including section
1 of the International Organizations Immunities Act (22 U.S.C. 288), and
having found that the International Renewable Energy Agency is a public
international organization in which the United States participates within
the meaning of the International Organizations Immunities Act, I hereby
designate the International Renewable Energy Agency as a public inter-
national organization entitled to enjoy the privileges, exemptions, and immu-
nities provided by the International Organizations Immunities Act. This
designation is not intended to abridge in any respect privileges, exemptions,
or immunities that such organization otherwise may have acquired or may
acquire by law.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
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(d) This order is not intended to, and does not, impair any right or
benefit, substantive or procedural, enforceable at law or in equity that arises
as a consequence of the designation in section 1 of this order.
THE WHITE HOUSE,
September 3, 2015.
[FR Doc. 2015–22888
Filed 9–8–15; 11:15 am]
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| Designating the International Renewable Energy Agency as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities | 2015-09-03T00:00:00 | 85b7bd38f34361c337372dd2a83d7b19b20077dc7ac0f3b55eac206cbfb411ac |
Presidential Executive Order | 2015-16334 (13699) | Presidential Documents
37529
Federal Register
Vol. 80, No. 126
Wednesday, July 1, 2015
Title 3—
The President
Executive Order 13699 of June 26, 2015
Establishing the Advisory Board on Toxic Substances and
Worker Health
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Carl Levin and Howard
P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113–291), and to allocate the responsibilities imposed by that
Act, it is hereby ordered as follows:
Section 1. Establishment. There is established within the Department of
Labor the Advisory Board on Toxic Substances and Worker Health (Advisory
Board).
Sec. 2. Membership. (a) The Advisory Board shall reflect a proper balance
of perspectives from the scientific, medical, and claimant communities.
(b) The Advisory Board shall consist of no more than 15 members to
be appointed by the Secretary of Labor in consultation with organizations
with expertise on worker health issues. Members shall serve without com-
pensation as Special Government Employees, but shall be allowed travel
and meal 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).
(c) The Secretary of Labor shall designate a Chair of the Board from
among its members.
Sec. 3. Functions. (a) The Advisory Board shall advise the Secretary of
Labor with respect to:
(i) the site exposure matrices of the Department of Labor;
(ii) medical guidance for claims examiners for claims under subtitle E
of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (EEOICPA) with respect to the weighing of the medical evidence
of claimants;
(iii) evidentiary requirements for claims under EEOICPA subtitle B related
to lung disease; and
(iv) the work of industrial hygienists, staff physicians, and consulting
physicians of the Department of Labor and reports of such hygienists
and physicians to ensure quality, objectivity, and consistency.
(b) To the extent necessary, the Advisory Board also shall coordinate
exchanges of data and findings with the Advisory Board on Radiation and
Worker Health, which was authorized by EEOICPA and established by Execu-
tive Order 13179 of December 7, 2000.
Sec. 4. Administration. (a) The Secretary of Labor shall provide the Advisory
Board with funding and administrative support, including the appointment
of staff and, as the Secretary determines appropriate, authorization for the
detail of Federal employees from within the Department of Labor and employ-
ment of outside contractors and specialists, to the extent permitted by law
and within existing appropriations. The Secretary also shall perform the
administrative functions of the President under the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App. 2), with respect to the Advisory
Board.
(b) The Secretary of Labor shall designate a senior officer of the Department
of Labor to serve as the Director of the staff of the Advisory Board.
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Sec. 5. Termination. The Advisory Board shall terminate on the date that
is 5 years after the enactment of the National Defense Authorization Act
for Fiscal Year 2015.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
June 26, 2015.
[FR Doc. 2015–16334
Filed 6–30–15; 08:45 am]
Billing code 3295–F5
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| Establishing the Advisory Board on Toxic Substances and Worker Health | 2015-06-26T00:00:00 | 60fc8fbe90d9e2204471addd11710cbd3f4ddd63ab76eaca915383e49885d0e4 |
Presidential Executive Order | 2015-18292 (13701) | Presidential Documents
43903
Federal Register
Vol. 80, No. 141
Thursday, July 23, 2015
Title 3—
The President
Executive Order 13701 of July 17, 2015
Delegation of Certain Authorities and Assignment of Certain
Functions Under the Bipartisan Congressional Trade Prior-
ities and Accountability Act of 2015
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 (the ‘‘Act’’) (Public Law
114–26) and section 301 of title 3, United States Code, I hereby order
as follows:
Section 1. Authorities and Functions under the Act. (a) Except as provided
in subsections (b) and (c) of this section, the authorities granted to and
functions specifically assigned to the President under title I of the Act
are delegated and assigned, respectively, to the United States Trade Rep-
resentative (U.S. Trade Representative).
(b) The exercise of the following authorities of, and functions specifically
assigned to, the President under, title I of the Act are not delegated or
assigned under this order:
(i) section 102(c)(1) and (c)(3) of the Act;
(ii) section 103(a)(1)(A), (a)(1)(B), (a)(5), (a)(7), (b)(1), and (c)(2) of the
Act;
(iii) section 105(a)(5) of the Act; and
(iv) section 106(a)(1)(A) and (E) of the Act.
(c) (i) The functions of the President under section 102(c)(2) of the Act
with respect to establishing consultative mechanisms are assigned to the
Secretary of State in consultation with the U.S. Trade Representative, with
the advice and assistance of the Secretary of the Interior, the Secretary
of Health and Human Services, the Administrator of the Environmental
Protection Agency, the Secretary of Commerce and, as the Secretary of
State determines appropriate, the heads of other executive departments and
agencies.
(ii) The functions of the President under section 105(d)(1) of the Act
are assigned to the U.S. Trade Representative, who shall conduct the
environmental reviews under section 105(d)(1)(A) of the Act through the
interagency Trade Policy Staff Committee, and shall perform the reporting
function under section 105(d)(1)(B) of the Act.
(iii) The functions of the President under section 105(d)(2)(A) of the Act
are assigned to the Secretary of Labor, who, in coordination with the
U.S. Trade Representative, shall conduct the employment impact review
under section 105(d)(2)(A) of the Act through the interagency Trade Policy
Staff Committee, and shall prepare the report under section 105(d)(2)
of the Act. The functions of the President under section 105(d)(2)(B)
of the Act are assigned to the U.S. Trade Representative, who shall perform
the reporting function under that section.
(iv) The functions of the President under section 105(d)(3) of the Act
are assigned to the Secretary of Labor, who, in consultation with the
U.S. Trade Representative and the Secretary of State, shall prepare the
report on labor rights under section 105(d)(3)(A) and (B) of the Act,
and to the U.S. Trade Representative, who shall perform the reporting
function under section 105(d)(3) of the Act.
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(v) The functions of the President under section 105(e)(2)(A) through
(C) and (E) of the Act with respect to preparing plans for implementing
and enforcing agreements submitted to the Congress pursuant to section
103(b) of the Act are assigned to the Director of the Office of Management
and Budget, who shall carry out these functions with the advice and
assistance of the Secretaries of State, the Treasury, Agriculture, Commerce,
and Homeland Security and the U.S. Trade Representative and other execu-
tive departments and agencies as necessary.
Sec. 2. Capacity Building. The U.S. Trade Representative, with the advice
and assistance of executive departments and agencies participating in capac-
ity building activities undertaken in accordance with section 102(c)(1) and
(2) of the Act, shall perform the reporting function under section 102(c)(4)
of the Act.
Sec. 3. General Provisions. (a) 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.
(b) In exercising authority delegated by or performing functions assigned
in this order, officers of the United States:
(i) shall ensure that all actions taken by them are consistent with the
President’s constitutional authority to (A) conduct the foreign affairs of
the United States, including the commencement, conduct, and termination
of negotiations with foreign countries and international organizations; (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 duties; (C) recommend
for congressional consideration such measures as the President may judge
necessary or expedient; and (D) supervise the executive branch; and
(ii) may redelegate authority delegated by this order and may further
assign functions assigned by this order to officers of any other department
or agency within the executive branch to the extent permitted by law,
and such redelegation or further assignment shall be published in the
Federal Register.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Presidential Documents
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
July 17, 2015.
[FR Doc. 2015–18292
Filed 7–22–15; 11:15 am]
Billing code 3295–F5
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| Delegation of Certain Authorities and Assignment of Certain Functions Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 | 2015-07-17T00:00:00 | 96cb096748744e27a43b6d6f0b49c5df21401c5a6d37dadfd20b4cf1eeffac01 |
Presidential Executive Order | 2015-17926 (13700) | Presidential Documents
43003
Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Presidential Documents
Executive Order 13700 of July 15, 2015
Establishing an Emergency Board To Investigate Disputes Be-
tween New Jersey Transit Rail and Certain of Its Employees
Represented by Certain Labor Organizations
Disputes exist between New Jersey Transit Rail and certain of its employees
represented by certain labor organizations. The labor organizations involved
in these disputes are designated on the attached list, which is made part
of this order.
The disputes have not heretofore been adjusted under the provisions of
the Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA).
A party empowered by the RLA has requested that the President establish
an emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a).
Section 9A(c) of the RLA provides that the President, upon such request,
shall appoint an emergency board to investigate and report on the disputes.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the RLA, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board). There is established,
effective 12:01 a.m. eastern daylight time on July 16, 2015, a Board of
three members to be appointed by the President to investigate and report
on these disputes. No member shall be pecuniarily or otherwise interested
in any organization of employees or any carrier. The Board shall perform
its functions subject to the availability of funds.
Sec. 2. Report. The Board shall report to the President with respect to
the disputes within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the RLA,
for 120 days from the date of the creation of the Board, no change in
the conditions out of which the disputes arose shall be made by the parties
to the controversy, except by agreement of the parties.
Sec. 4. Records Maintenance. The records and files of the Board are records
of the Office of the President and upon the Board’s termination shall be
maintained in the physical custody of the National Mediation Board.
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Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
THE WHITE HOUSE,
July 15, 2015.
Billing code 3295–F5–P
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[FR Doc. 2015–17926
Filed 7–17–15; 11:15 am]
Billing code 7550–01–C
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LABOR ORGANIZATIONS
International Brotherhood·of Electrical Workers
Transportation Communications International Union/IAM
Brotherhood of Locomotive Engineers and Trainmen
International Association of Sheet Metal/ Air 1 Rail and
Transportation Workers - Transportation Division (UTU)
International Association of Machinists & Aerospace Workers
Brotherhood of Railroad Signalmen
National Conference of Firemen & Oilers/ SEIU
International Association of Sheet Metal 1 Air, Rail and
Transportation Workers
American Train Dispatchers Association
Brotherhood of Maintenance of Way Employes Division
International Brotherhood of Boilermakers
Transport Workers Union of America
| Establishing an Emergency Board To Investigate Disputes Between New Jersey Transit Rail and Certain of Its Employees Represented by Certain Labor Organizations | 2015-07-15T00:00:00 | d6d5ab5cbc3b61dfa152333480daba53176ef984885267c5196b16f7a278cba1 |
Presidential Executive Order | 2015-07788 (13694) | Presidential Documents
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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Presidential Documents
Executive Order 13694 of April 1, 2015
Blocking the Property of Certain Persons Engaging in Signifi-
cant Malicious Cyber-Enabled Activities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code,
I, BARACK OBAMA, President of the United States of America, find that
the increasing prevalence and severity of malicious cyber-enabled activities
originating from, or directed by persons located, in whole or in substantial
part, outside the United States constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of the United
States. I hereby declare a national emergency to deal with this threat.
Accordingly, I hereby order:
Section 1. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person of the
following persons are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) any person determined by the Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State, to be responsible
for or complicit in, or to have engaged in, directly or indirectly, cyber-
enabled activities originating from, or directed by persons located, in
whole or in substantial part, outside the United States that are reasonably
likely to result in, or have materially contributed to, a significant threat
to the national security, foreign policy, or economic health or financial
stability of the United States and that have the purpose or effect of:
(A) harming, or otherwise significantly compromising the provision of
services by, a computer or network of computers that support one or
more entities in a critical infrastructure sector;
(B) significantly compromising the provision of services by one or more
entities in a critical infrastructure sector;
(C) causing a significant disruption to the availability of a computer
or network of computers; or
(D) causing a significant misappropriation of funds or economic re-
sources, trade secrets, personal identifiers, or financial information for
commercial or competitive advantage or private financial gain; or
(ii) any person determined by the Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State:
(A) to be responsible for or complicit in, or to have engaged in, the
receipt or use for commercial or competitive advantage or private financial
gain, or by a commercial entity, outside the United States of trade secrets
misappropriated through cyber-enabled means, knowing they have been
misappropriated, where the misappropriation of such trade secrets is rea-
sonably likely to result in, or has materially contributed to, a significant
threat to the national security, foreign policy, or economic health or finan-
cial stability of the United States;
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(B) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services in support of, any
activity described in subsections (a)(i) or (a)(ii)(A) of this section or any
person whose property and interests in property are blocked pursuant
to this order;
(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; or
(D) to have attempted to engage in any of the activities described in
subsections (a)(i) and (a)(ii)(A)–(C) of this section.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in this order,
and I hereby prohibit such donations as provided by section 1 of this
order.
Sec. 3. The prohibitions in section 1 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in section 1(a) of this order would be detrimental to the
interests of the United States, and I hereby suspend entry into the United
States, as immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of Proclamation 8693 of
July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States;
(d) the term ‘‘critical infrastructure sector’’ means any of the designated
critical infrastructure sectors identified in Presidential Policy Directive 21;
and
(e) the term ‘‘misappropriation’’ includes any taking or obtaining by im-
proper means, without permission or consent, or under false pretenses.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
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in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in this order, there need be no prior notice
of a listing or determination made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Attorney
General and the Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ all
powers granted to the President by IEEPA as may be necessary to carry
out the purposes of this order. The Secretary of the Treasury may redelegate
any of these functions to other officers and agencies of the United States
Government consistent with applicable law. All agencies of the United States
Government are hereby directed to take all appropriate measures within
their authority to carry out the provisions of this order.
Sec. 9. The Secretary of the Treasury, in consultation with the Attorney
General and the Secretary of State, is hereby authorized to submit the
recurring and final reports to the Congress on the national emergency de-
clared in this order, consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 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.
THE WHITE HOUSE,
April 1, 2015.
[FR Doc. 2015–07788
Filed 4–1–15; 11:15 am]
Billing code 3295–F5
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| Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities | 2015-04-01T00:00:00 | 7c45a256a482d4c57ad1ef357b5bbbbd7f937f7d1c270e504acfe7c5c5308396 |
Presidential Executive Order | 2015-16122 (13698) | Presidential Documents
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Federal Register
Vol. 80, No. 124
Monday, June 29, 2015
Title 3—
The President
Executive Order 13698 of June 24, 2015
Hostage Recovery Activities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby direct as follows:
Section 1. Purpose. The 21st century has witnessed a significant shift in
hostage-takings by terrorist organizations and criminal groups abroad. Hos-
tage-takers frequently operate in unstable environments that challenge the
ability of the United States Government and its partners and allies to operate
effectively. Increasingly, hostage-takers target private citizens—including
journalists and aid workers—as well as Government officials. They also
utilize increasingly sophisticated networks and tactics to derive financial,
propaganda, and recruitment benefits from hostage-taking operations. The
United States is committed to securing the safe recovery of U.S. nationals
held hostage abroad and deterring future hostage-takings by denying hostage-
takers any benefits from their actions. Because such hostage-takings pose
unique challenges, the United States Government must be organized and
work in a coordinated effort to use all instruments of national power to
achieve these goals, consistent with the United States Government’s no
concessions policy. Establishing a single United States Government oper-
ational body to coordinate all efforts for the recovery of U.S. nationals
taken hostage abroad, with policy guidance coordinated through the National
Security Council, will increase the likelihood of a successful recovery, allow
for enhanced support to hostages and their families, promote foreign policy
and national security interests abroad, and enhance the prospects of success-
ful criminal prosecutions of hostage-takers. Dedicating a senior diplomatic
representative to operate in support of this coordinated effort will further
enhance the potential for the safe recovery of hostages.
Sec. 2. Establishment and Responsibilities of the Hostage Recovery Fusion
Cell. (a) The Attorney General, acting through the Director of the Federal
Bureau of Investigation (FBI), shall establish within the FBI for administrative
purposes an interagency Hostage Recovery Fusion Cell (HRFC).
(b) The following executive departments, agencies, and offices (agencies)
shall participate in the HRFC:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Office of the Director of National Intelligence;
(vi) the FBI;
(vii) the Central Intelligence Agency; and
(viii) other agencies as the President or the Attorney General, acting through
the Director of the FBI, from time to time, may designate.
(c) The HRFC shall have a Director, who shall be a full-time senior
officer or employee of, or detailed to, the FBI. The HRFC shall also have
a Family Engagement Coordinator and other officers or employees as appro-
priate. The head of each participating agency shall, to the extent permitted
by law, make available for assignment or detail to the HRFC such personnel
as the Attorney General, acting through the Director of the FBI and after
consultation with the head of the agency, may request. Such personnel
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so detailed or assigned will operate utilizing the clearances provided by
their respective agencies.
(d) The HRFC shall coordinate efforts by participating agencies to ensure
that all relevant information, expertise, and resources are brought to bear
to secure the safe recovery of U.S. nationals held hostage abroad. The HRFC
may also be tasked with coordinating the United States Government’s re-
sponse to other hostage-takings occurring abroad in which the United States
has a national interest, as specifically referred to the HRFC by the Deputies
Committee, as established in Presidential Policy Directive 1 of February
13, 2009 (Organization of the National Security Council System), or any
successor. Pursuant to policy guidance coordinated through the National
Security Council, the HRFC shall:
(i) identify and recommend hostage recovery options and strategies to
the President through the National Security Council;
(ii) coordinate efforts by participating agencies to ensure that information
regarding hostage events, including potential recovery options and engage-
ments with families and external actors (including foreign governments),
is appropriately shared within the United States Government to facilitate
a coordinated response to a hostage-taking;
(iii) assess and track all hostage-takings of U.S. nationals abroad and
provide regular reports to the President through the National Security
Council on the status of such cases and any measures being taken toward
the hostages’ safe recovery;
(iv) provide a forum for intelligence sharing and, with the support of
the Director of National Intelligence, coordinate the declassification of
relevant information;
(v) coordinate efforts by participating agencies to provide appropriate sup-
port and assistance to hostages and their families in a coordinated and
consistent manner and to provide families with timely information regard-
ing significant events in their cases;
(vi) make recommendations to agencies in order to reduce the likelihood
of U.S. nationals being taken hostage abroad and enhance United States
Government preparation to maximize the probability of a favorable outcome
following a hostage-taking; and
(vii) coordinate with agencies regarding congressional, media, and other
public inquiries pertaining to hostage events.
Sec. 3. Establishment of the Hostage Response Group. (a) There shall be
a Hostage Response Group (HRG) chaired by the Special Assistant to the
President and Senior Director for Counterterrorism, to be convened on a
regular basis and as needed at the request of the National Security Council
to further the safe recovery of U.S. nationals held abroad. The HRG may
also be tasked with coordinating the United States Government response
to other hostage-takings occurring abroad in which the United States has
a national interest, as specifically referred to the HRFC by the Deputies
Committee.
(b) The regular members of the HRG shall include the Director of the
HRFC, the HRFC’s Family Engagement Coordinator, and senior representa-
tives from the Department of State, Department of the Treasury, Department
of Defense, Department of Justice, FBI, Office of the Director of National
Intelligence, and other agencies as the President, from time to time, may
designate.
(c) The HRG, in support of the Deputies Committee chaired by the Assistant
to the President for Homeland Security and Counterterrorism, and consistent
with the process outlined in Presidential Policy Directive 1 or any successor,
shall:
(i) identify and recommend hostage recovery options and strategies to
the President through the National Security Council, as consistent with
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Presidential Policy Directive 30 of June 24, 2015 (U.S. Nationals Taken
Hostage Abroad and Personnel Recovery Efforts);
(ii) coordinate the development and implementation of U.S. hostage recov-
ery policies, strategies, and procedures, consistent with the policies set
forth in Presidential Policy Directive 30;
(iii) receive regular updates from the HRFC on the status of U.S. nationals
being held hostage abroad and measures being taken to effect the hostages’
safe recovery;
(iv) coordinate the provision of policy guidance to the HRFC, including
reviewing recovery options proposed by the HRFC and working to resolve
disputes within the HRFC; and
(v) where higher-level guidance is required, make recommendations to
the Deputies Committee.
Sec. 4. Establishment of the Special Presidential Envoy for Hostage Affairs.
(a) There shall be a Special Presidential Envoy for Hostage Affairs (Special
Envoy), appointed by the President, who shall report to the Secretary of
State.
(b) The Special Envoy shall:
(i) lead diplomatic engagement on U.S. hostage policy;
(ii) coordinate all diplomatic engagements in support of hostage recovery
efforts, in coordination with the HRFC and consistent with policy guidance
communicated through the HRG;
(iii) coordinate with the HRFC proposals for diplomatic engagements and
strategy in support of hostage recovery efforts;
(iv) provide senior representation from the Special Envoy’s office to the
HRFC and in the HRG; and
(v) in coordination with the HRFC as appropriate, coordinate diplomatic
engagements regarding cases in which a foreign government confirms that
it has detained a U.S. national but the United States Government regards
such detention as unlawful or wrongful.
Sec. 5. Reporting. (a) Within 180 days of the date of this order, the HRG
shall provide a status report to the Assistant to the President for Homeland
Security and Counterterrorism on the establishment of the HRFC and its
implementation of policy guidance communicated through the HRG.
(b) Within 1 year of the date of this order, the Director of the National
Counterterrorism Center, in consultation with the Secretary of State, Secretary
of Defense, Attorney General, and Director of the FBI, shall provide a status
report to the Assistant to the President for Homeland Security and Counterter-
rorism on the implementation of this order. That report shall be informed
by consultation with stakeholders outside of the United States Government,
including former hostages and hostages’ families, and shall, to the extent
possible, be made available to the public.
Sec. 6. Definition. For purposes of this order, the term ‘‘U.S. national’’
means: (a) a U.S. national as defined in either 8 U.S.C. 1101(a)(22) or
8 U.S.C. 1408; or (b) a lawful permanent resident alien with significant
ties to the United States.
Sec. 7. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law, regulation, Executive Order, or Presidential
Directive to any executive department, agency, or head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
June 24, 2015.
[FR Doc. 2015–16122
Filed 6–26–15; 11:15 am]
Billing code 3295–F5
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Presidential Executive Order | 2015-15828 (13697) | Presidential Documents
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Federal Register
Vol. 80, No. 122
Thursday, June 25, 2015
Title 3—
The President
Executive Order 13697 of June 22, 2015
Amendment to Executive Order 11155, Awards for Special
Capability in Career and Technical Education
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
2 of Executive Order 11155 of May 23, 1964, as amended by Executive
Order 12158 of September 18, 1979, is further amended by adding a new
paragraph (6) to read as follows:
‘‘(6) In addition to the Presidential Scholars provided for in paragraphs
(3), (4), and (5) of this section, the Commission may choose other Presidential
Scholars not exceeding twenty in any one year. These Scholars shall be
chosen at large, from the jurisdictions referred to in paragraph (3), on the
basis of outstanding scholarship and demonstrated ability and accomplish-
ment in career and technical education fields.’’
THE WHITE HOUSE,
June 22, 2015.
[FR Doc. 2015–15828
Filed 6–24–15; 11:15 am]
Billing code 3295–F5
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Presidential Executive Order | 2015-13055 (13695) | Presidential Documents
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Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Presidential Documents
Executive Order 13695 of May 26, 2015
Termination of Emergency With Respect to the Risk of Nu-
clear Proliferation Created by the Accumulation of a Large
Volume of Weapons-Usable Fissile Material in the Territory
of the Russian Federation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) and the National Emergencies
Act (50 U.S.C. 1601 et seq.) (NEA),
I, BARACK OBAMA, President of the United States of America, find that
the situation that gave rise to the declaration of a national emergency in
Executive Order 13617 of June 25, 2012, with respect to the risk of nuclear
proliferation created by the accumulation of a large volume of weapons-
usable fissile material resulting from the reduction of nuclear weapons in
accordance with agreements in the area of arms control and disarmament
and located in the territory of the Russian Federation, has been significantly
altered by the successful implementation of the Agreement Between the
Government of the United States of America and the Government of the
Russian Federation Concerning the Disposition of Highly Enriched Uranium
Extracted from Nuclear Weapons, dated February 18, 1993, and related con-
tracts and agreements. Accordingly, I hereby terminate the national emer-
gency declared in Executive Order 13617, revoke that order, and further
order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)), termi-
nation of the national emergency declared in Executive Order 13617 shall
not affect any action taken or proceeding pending not finally concluded
or determined as of the date of this order, any action or proceeding based
on any act committed prior to such date, or any rights or duties that
matured or penalties that were incurred prior to such date.
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 departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
May 26, 2015.
[FR Doc. 2015–13055
Filed 5–27–15; 8:45 am]
Billing code 3295–F5
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Presidential Executive Order | 2015-07016 (13693) | Presidential Documents
15871
Federal Register
Vol. 80, No. 57
Wednesday, March 25, 2015
Title 3—
The President
Executive Order 13693 of March 19, 2015
Planning for Federal Sustainability in the Next Decade
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to maintain Federal
leadership in sustainability and greenhouse gas emission reductions, it is
hereby ordered as follows:
Section 1. Policy. Executive departments and agencies (agencies) have been
among our Nation’s leaders as the United States works to build a clean
energy economy that will sustain our prosperity and the health of our
people and our environment for generations to come. Federal leadership
in energy, environmental water, fleet, buildings, and acquisition management
will continue to drive national greenhouse gas reductions and support prep-
arations for the impacts of climate change. Through a combination of more
efficient Federal operations such as those outlined in this Executive Order
(order), we have the opportunity to reduce agency direct greenhouse gas
emissions by at least 40 percent over the next decade while at the same
time fostering innovation, reducing spending, and strengthening the commu-
nities in which our Federal facilities operate.
It therefore continues to be the policy of the United States that agencies
shall increase efficiency and improve their environmental performance. Im-
proved environmental performance will help us protect our planet for future
generations and save taxpayer dollars through avoided energy costs and
increased efficiency, while also making Federal facilities more resilient.
To improve environmental performance and Federal sustainability, priority
should first be placed on reducing energy use and cost, then on finding
renewable or alternative energy solutions. Pursuing clean sources of energy
will improve energy and water security, while ensuring that Federal facilities
will continue to meet mission requirements and lead by example. Employing
this strategy for the next decade calls for expanded and updated Federal
environmental performance goals with a clear overarching objective of reduc-
ing greenhouse gas emissions across Federal operations and the Federal
supply chain.
Sec. 2. Agency Greenhouse Gas Emission Reductions. In implementing the
policy set forth in section 1 of this order, the head of each agency shall,
within 90 days of the date of this order, propose to the Chair of the Council
on Environmental Quality (CEQ) and the Director of the Office of Management
and Budget (OMB) percentage reduction targets for agency-wide reductions
of scope 1 and 2 and scope 3 greenhouse gas emissions in absolute terms
by the end of fiscal year 2025 relative to a fiscal year 2008 baseline. Where
appropriate, the target shall exclude direct emissions from excluded vehicles
and equipment and from electric power produced and sold commercially
to other parties as the primary business of the agency. The proposed targets
shall be subject to the review and approval of the Chair of CEQ in coordina-
tion with the Director of OMB under section 4(b) of this order.
Sec. 3. Sustainability Goals for Agencies. In implementing the policy set
forth in section 1 of this order and to achieve the goals of section 2 of
this order, the head of each agency shall, where life-cycle cost-effective,
beginning in fiscal year 2016, unless otherwise specified:
(a) promote building energy conservation, efficiency, and management
by:
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(i) reducing agency building energy intensity measured in British thermal
units per gross square foot by 2.5 percent annually through the end of
fiscal year 2025, relative to the baseline of the agency’s building energy
use in fiscal year 2015 and taking into account agency progress to date,
except where revised pursuant to section 9(f) of this order, by implementing
efficiency measures based on and using practices such as:
(A) using remote building energy performance assessment auditing tech-
nology;
(B) participating in demand management programs;
(C) ensuring that monthly performance data is entered into the Environ-
mental Protection Agency (EPA) ENERGY STAR Portfolio Manager for
covered buildings;
(D) incorporating, where feasible, the consensus-based, industry standard
Green Button data access system into reporting, data analytics, and automa-
tion processes;
(E) implementing space utilization and optimization practices and policies;
(F) identifying opportunities to transition test-bed technologies to achieve
the goals of this section; and
(G) conforming, where feasible, to city energy performance benchmarking
and reporting requirements; and
(ii) improving data center energy efficiency at agency facilities by:
(A) ensuring the agency chief information officer promotes data center
energy optimization, efficiency, and performance;
(B) installing and monitoring advanced energy meters in all data centers
by fiscal year 2018; and
(C) establishing a power usage effectiveness target of 1.2 to 1.4 for new
data centers and less than 1.5 for existing data centers;
(b) ensure that at a minimum, the following percentage of the total amount
of building electric energy and thermal energy shall be clean energy, ac-
counted for by renewable electric energy and alternative energy:
(i) not less than 10 percent in fiscal years 2016 and 2017;
(ii) not less than 13 percent in fiscal years 2018 and 2019;
(iii) not less than 16 percent in fiscal years 2020 and 2021;
(iv) not less than 20 percent in fiscal years 2022 and 2023; and
(v) not less than 25 percent by fiscal year 2025 and each year thereafter;
(c) ensure that the percentage of the total amount of building electric
energy consumed by the agency that is renewable electric energy is:
(i) not less than 10 percent in fiscal years 2016 and 2017;
(ii) not less than 15 percent in fiscal years 2018 and 2019;
(iii) not less than 20 percent in fiscal years 2020 and 2021;
(iv) not less than 25 percent in fiscal years 2022 and 2023; and
(v) not less than 30 percent by fiscal year 2025 and each year thereafter;
(d) include in the renewable electric energy portion of the clean energy
target established in subsection (b) of this section renewable electric energy
as defined in section 19(v) of this order and associated with the following
actions, which are listed in order of priority:
(i) installing agency-funded renewable energy on site at Federal facilities
and retaining corresponding renewable energy certificates (RECs) or obtain-
ing equal value replacement RECs;
(ii) contracting for the purchase of energy that includes the installation
of renewable energy on site at a Federal facility or off site from a Federal
facility and the retention of corresponding RECs or obtaining equal value
replacement RECs for the term of the contract;
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(iii) purchasing electricity and corresponding RECs or obtaining equal
value replacement RECs; and
(iv) purchasing RECs;
(e) include in the alternative energy portion of the clean energy target
established in subsection (b) of this section alternative energy as defined
in section 19(c) of this order and associated with the following actions,
where feasible:
(i) installing thermal renewable energy on site at Federal facilities and
retaining corresponding renewable attributes or obtaining equal value re-
placement RECs where applicable;
(ii) installing combined heat and power processes on site at Federal facili-
ties;
(iii) installing fuel cell energy systems on site at Federal facilities;
(iv) utilizing energy from new small modular nuclear reactor technologies;
(v) utilizing energy from a new project that includes the active capture
and storage of carbon dioxide emissions associated with energy generation;
(vi) implementing other alternative energy approaches that advance the
policy set forth in section 1 and achieve the goals of section 2 of this
order and are in accord with any sustainability, environmental perform-
ance, and other instructions or guidance established pursuant to sections
4(e) and 5(a) of this order; and
(vii) including in the Department of Defense (DOD) accounting for alter-
native energy for this subsection, fulfillment of the requirements for DOD
goals established under section 2852 of the National Defense Authorization
Act for Fiscal Year 2007 as amended by section 2842 of the National
Defense Authorization Act for Fiscal Year 2010;
(f) improve agency water use efficiency and management, including
stormwater management by:
(i) reducing agency potable water consumption intensity measured in gal-
lons per gross square foot by 36 percent by fiscal year 2025 through
reductions of 2 percent annually through fiscal year 2025 relative to a
baseline of the agency’s water consumption in fiscal year 2007;
(ii) installing water meters and collecting and utilizing building and facility
water balance data to improve water conservation and management;
(iii) reducing agency industrial, landscaping, and agricultural (ILA) water
consumption measured in gallons by 2 percent annually through fiscal
year 2025 relative to a baseline of the agency’s ILA water consumption
in fiscal year 2010; and
(iv) installing appropriate green infrastructure features on federally owned
property to help with stormwater and wastewater management;
(g) if the agency operates a fleet of at least 20 motor vehicles, improve
agency fleet and vehicle efficiency and management by:
(i) determining, as part of the planning requirements of section 14 of
this order, the optimum fleet inventory with emphasis placed on elimi-
nating unnecessary or non-essential vehicles from the agency’s fleet inven-
tory;
(ii) taking actions that reduce fleet-wide per-mile greenhouse gas emissions
from agency fleet vehicles, relative to a baseline of emissions in fiscal
year 2014, to achieve the following percentage reductions:
(A) not less than 4 percent by the end of fiscal year 2017;
(B) not less than 15 percent by the end of fiscal year 2021; and
(C) not less than 30 percent by the end of fiscal year 2025;
(iii) collecting and utilizing as a fleet efficiency management tool, as
soon as practicable but not later than 2 years after the date of this order,
agency fleet operational data through deployment of vehicle telematics
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at a vehicle asset level for all new passenger and light duty vehicle
acquisitions and for medium duty vehicles where appropriate;
(iv) ensuring that agency annual asset-level fleet data is properly and
accurately accounted for in a formal agency Fleet Management System
and any relevant data is submitted to the Federal Automotive Statistical
Tool reporting database, the Federal Motor Vehicle Registration System,
and the Fleet Sustainability Dashboard (FleetDASH) system;
(v) planning for agency fleet composition such that by December 31,
2020, zero emission vehicles or plug-in hybrid vehicles account for 20
percent of all new agency passenger vehicle acquisitions and by December
31, 2025, zero emission vehicles or plug-in hybrid vehicles account for
50 percent of all new agency passenger vehicles and including, where
practicable, acquisition of such vehicles in other vehicle classes and count-
ing double credit towards the targets in this section for such acquisitions;
and
(vi) planning for appropriate charging or refueling infrastructure or other
power storage technologies for zero emission vehicles or plug-in hybrid
vehicles and opportunities for ancillary services to support vehicle-to-
grid technology;
(h) improve building efficiency, performance, and management by:
(i) ensuring, beginning in fiscal year 2020 and thereafter, that all new
construction of Federal buildings greater than 5,000 gross square feet
that enters the planning process is designed to achieve energy net-zero
and, where feasible, water or waste net-zero by fiscal year 2030;
(ii) identifying, beginning in June of 2016, as part of the planning require-
ments of section 14 of this order, a percentage of at least 15 percent,
by number or total square footage, of the agency’s existing buildings above
5,000 gross square feet that will, by fiscal year 2025, comply with the
revised Guiding Principles for Federal Leadership in High Performance
and Sustainable Buildings (Guiding Principles), developed pursuant to
section 4 of this order, and making annual progress toward 100 percent
conformance with the Guiding Principles for its building inventory;
(iii) identifying, as part of the planning requirements of section 14 of
this order, a percentage of the agency’s existing buildings above 5,000
gross square feet intended to be energy, waste, or water net-zero buildings
by fiscal year 2025 and implementing actions that will allow those build-
ings to meet that target;
(iv) including in all new agency lease solicitations over 10,000 rentable
square feet:
(A) criteria for energy efficiency either as a required performance specifica-
tion or as a source selection evaluation factor in best-value tradeoff procure-
ments; and
(B) requirements for building lessor disclosure of carbon emission or energy
consumption data for that portion of the building occupied by the agency
that may be provided by the lessor through submetering or estimation
from pro-rated occupancy data, whichever is more cost-effective;
(v) reporting building energy, beginning in fiscal year 2016 as part of
the agency scope 3 greenhouse gas emissions for newly solicited leases
over 10,000 rentable square feet;
(vi) including in the planning for new buildings or leases cost-effective
strategies to optimize sustainable space usage and consideration of existing
community transportation planning and infrastructure, including access
to public transit;
(vii) ensuring that all new construction, major renovation, repair, and
alteration of agency buildings includes appropriate design and deployment
of fleet charging infrastructure; and
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(viii) including the incorporation of climate-resilient design and manage-
ment elements into the operation, repair, and renovation of existing agency
buildings and the design of new agency buildings;
(i) promote sustainable acquisition and procurement by ensuring that each
of the following environmental performance and sustainability factors are
included to the maximum extent practicable for all applicable procurements
in the planning, award, and execution phases of the acquisition by:
(i) meeting statutory mandates that require purchase preference for:
(A) recycled content products designated by EPA;
(B) energy and water efficient products and services, such as ENERGY
STAR qualified and Federal Energy Management Program (FEMP)-des-
ignated products, identified by EPA and the Department of Energy (DOE);
and
(C) BioPreferred and biobased designated products designated by the
United States Department of Agriculture;
(ii) purchasing sustainable products and services identified by EPA pro-
grams including:
(A) Significant New Alternative Policy (SNAP) chemicals or other alter-
natives to ozone-depleting substances and high global warming potential
hydrofluorocarbons, where feasible, as identified by SNAP;
(B) WaterSense certified products and services (water efficient products);
(C) Safer Choice labeled products (chemically intensive products that con-
tain safer ingredients); and
(D) SmartWay Transport partners and SmartWay products (fuel efficient
products and services);
(iii) purchasing environmentally preferable products or services that:
(A) meet or exceed specifications, standards, or labels recommended by
EPA that have been determined to assist agencies in meeting their needs
and further advance sustainable procurement goals of this order; or
(B) meet environmental performance criteria developed or adopted by
voluntary consensus standards bodies consistent with section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (Public
Law 104–113) and OMB Circular A–119;
(iv) acting, as part of the implementation of planning requirements of
section 14 of this order, until an agency achieves at least 95 percent
compliance with the BioPreferred and biobased purchasing requirement
in paragraph (i) of this subsection, to:
(A) establish an annual target for the number of contracts to be awarded
with BioPreferred and biobased criteria and dollar value of BioPreferred
and biobased products to be delivered and reported under those contracts
in the following fiscal year. To establish this target, agencies shall consider
the dollar value of designated BioPreferred and biobased products reported
in previous years, the specifications reviewed and revised for inclusion
of BioPreferred and biobased products, and the number of applicable
product and service contracts to be awarded, including construction, oper-
ations and maintenance, food services, vehicle maintenance, and janitorial
services; and
(B) ensure contractors submit timely annual reports of their BioPreferred
and biobased purchases; and
(v) reducing copier and printing paper use and acquiring uncoated printing
and writing paper containing at least 30 percent postconsumer recycled
content or higher as designated by future instruction under section 4(e)
of this order;
(j) advance waste prevention and pollution prevention by:
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(i) 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 through 11023);
(ii) diverting at least 50 percent of non-hazardous solid waste, including
food and compostable material but not construction and demolition mate-
rials and debris, annually, and pursuing opportunities for net-zero waste
or additional diversion opportunities;
(iii) diverting at least 50 percent of non-hazardous construction and demoli-
tion materials and debris; and
(iv) reducing or minimizing the quantity of toxic and hazardous chemicals
and materials acquired, used, or disposed of, particularly where such
reduction will assist the agency in pursuing agency greenhouse gas emis-
sion reduction targets established in section 2 of this order;
(k) implement performance contracts for Federal buildings by:
(i) utilizing performance contracting as an important tool to help meet
identified energy efficiency and management goals while deploying life-
cycle cost-effective energy efficiency and clean energy technology and
water conservation measures;
(ii) fulfilling existing agency performance contracting commitments towards
the goal of $4 billion in Federal performance-based contracts by the end
of calendar year 2016; and
(iii) providing annual agency targets for performance contracting for energy
savings to be implemented in fiscal year 2017 and annually thereafter
as part of the planning requirements of section 14 of this order;
(l) promote electronics stewardship by establishing, measuring, and report-
ing by:
(i) ensuring procurement preference for environmentally sustainable elec-
tronic products as established in subsection (i) of this section;
(ii) establishing and implementing policies to enable power management,
duplex printing, and other energy-efficient or environmentally sustainable
features on all eligible agency electronic products; and
(iii) employing environmentally sound practices with respect to the agen-
cy’s disposition of all agency excess or surplus electronic products.
Sec. 4. Duties of the Chair of the Council on Environmental Quality. In
implementing the policy set forth in section 1 of this order, the Chair
of CEQ shall:
(a) in coordination with the Director of OMB, establish a Federal Inter-
agency Sustainability Steering Committee (Steering Committee) that shall
advise the Director of OMB and the Chair of CEQ on the performance
of agency responsibilities under sections 2 and 3 of this order and shall
include the Federal Chief Sustainability Officer referenced in section 6 of
this order and agency Chief Sustainability Officers designated under sections
7 and 8 of this order;
(b) in coordination with the Director of OMB review and approve agency-
wide scope 1 and 2 and scope 3 greenhouse gas emissions reduction targets
developed under section 2 of this order;
(c) in coordination with the Director of OMB, prepare streamlined reporting
metrics to determine each agency’s progress under sections 2 and 3 of
this order;
(d) review and evaluate each agency’s Plan prepared under section 14
of this order;
(e) within 45 days of the date of this order and thereafter as necessary,
after consultation with the Director of OMB, issue implementing instructions
or other guidance to direct agency implementation of this order, other than
instructions within the authority of the Director of OMB to issue under
section 5 of this order;
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(f) within 150 days of the date of this order, prepare and issue revised
Guiding Principles for both new and existing Federal buildings including
consideration of climate change resilience and employee and visitor wellness;
(g) revise, as necessary and in coordination with the Director of OMB,
existing CEQ guidance and implementing instructions on Sustainable Loca-
tions for Federal Facilities of September 15, 2011, Sustainable Practices
for Designed Landscapes of October 31, 2011, as supplemented on October
22, 2014, Federal Greenhouse Gas Accounting and Reporting Guidance [Revi-
sion 1] of June 4, 2012, and Federal Agency Implementation of Water Effi-
ciency and Management Provisions of Executive Order 13514 of July 10,
2013;
(h) within 150 days of the date of this order, prepare and issue guidance
to assist agencies in the implementation of section 13 of this order;
(i) identify annually, based on total contract spending in the previous
fiscal year as reported in the Federal Procurement Data System, the seven
largest Federal procuring agencies responsible for implementation of section
15(b) of this order;
(j) administer a Presidential leadership award program to recognize excep-
tional and outstanding performance and excellence in agency efforts to imple-
ment this order; and
(k) establish and disband, as appropriate, temporary interagency working
groups to provide recommendations to the Chair of CEQ associated with
the goals of this order, including: grid-based green power; data quality,
collection, and reporting; greenhouse gas emissions associated with the trans-
portation of Federal freight and cargo; sustainability considerations in resil-
ience planning; agency supply chain climate vulnerability; recycled content
paper; green infrastructure; and carbon uptake accounting and wood prod-
ucts.
Sec. 5. Duties of the Director of the Office of Management and Budget.
In implementing the policy set forth in section 1 of this order, the Director
of OMB shall:
(a) issue, after consultation with the Chair of CEQ, instructions to the
heads of agencies concerning periodic performance evaluation of agency
implementation of this order, including consideration of the results from
section 4(c) of this order;
(b) prepare scorecards providing periodic evaluation of Principal Agency
performance in implementing this order and publish scorecard results on
a publicly available Web site; and
(c) review and approve each agency’s Plan prepared under section 14
of this order.
Sec. 6. Duties of the Federal Chief Sustainability Officer. Henceforth, the
Federal Environmental Executive is reestablished as the Federal Chief Sus-
tainability Officer and the Office of the Federal Environmental Executive
is reestablished as the Office of the Chief Sustainability Officer, for which
the Environmental Protection Agency shall provide funding and administra-
tive support and that shall be maintained at CEQ. In implementing the
policy set forth in section 1 of this order, the Federal Chief Sustainability
Officer shall:
(a) monitor progress and advise the Chair of CEQ on agency goals in
sections 2 and 3 of this order;
(b) chair, convene, and preside at quarterly meetings; determine the agenda;
and direct the work of the Steering Committee;
(c) lead the development of programs and policies to assist agencies in
implementing the goals of this order in coordination with DOE, EPA, the
General Services Administration (GSA), and other agencies as appropriate;
(d) coordinate and provide direction to relevant existing workgroups
through quarterly meetings to ensure that opportunities for improvement
in implementation of this order are identified and addressed; and
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(e) advise the Chair of CEQ on the implementation of this order.
Sec. 7. Duties of Principal Agencies. To ensure successful implementation
of the policy established in section 1 of this order, the head of each Principal
Agency shall:
(a) designate, within 45 days of the date of this order, an agency Chief
Sustainability Officer, who shall be a senior civilian officer of the United
States, compensated annually in an amount at or above the amount payable
at level IV of the Executive Schedule, and report such designation to the
Director of OMB and the Chair of CEQ;
(b) assign the designated official the authority to represent the agency
on the Steering Committee established under section 4 of this order and
perform such other duties relating to the implementation of this order within
the agency as the head of the agency deems appropriate;
(c) prepare and distribute internally, where appropriate, performance eval-
uations of agency implementation of this order that reflect the contribution
of agency services, components, bureaus, and operating divisions to the
goals of this order;
(d) ensure, as soon as practicable after the date of this order, that leases
and contracts entered into after the date of this order for lessor or contractor
operation of Government-owned buildings or vehicles facilitate the agency’s
compliance with this order;
(e) implement opportunities to improve agency fleet sustainability, includ-
ing vehicle acquisitions as established in section 3(g) of this order, waiver
authority, and fleet data management practices, by revising agency fleet
management review and approval procedures to include the Chief Sustain-
ability Officers designated under this section and section 8 of this order;
(f) consider the development of policies to promote sustainable commuting
and work-related travel practices for Federal employees that foster workplace
vehicle charging, encourage telecommuting, teleconferencing, and reward
carpooling and the use of public transportation, where consistent with agency
authority and Federal appropriations law;
(g) ensure regional agency actions consider and are consistent with, sustain-
ability and climate preparedness priorities of States, local governments, and
tribal communities where agency facilities are located;
(h) foster outstanding performance and excellence in agency efforts to
implement this order through opportunities such as agency leadership award
programs;
(i) continue implementation of formal Environmental Management Systems
(EMS) where those systems have proven effective and deploy new EMSs
where appropriate; and
(j) notwithstanding the limitations on implementation in section 17 of
this order, apply, where feasible and appropriate, the strategies and plans
to achieve the goals of this order in whole or in part with respect to
fueling, operation, and management of tactical or emergency vehicles and
to the activities and facilities of the agency that are not located within
the United States.
Sec. 8. Duties of Contributing Agencies. Within 45 days of the date of
this order, to ensure successful implementation of the policy established
in section 1 of this order, the head of each contributing agency shall designate
an agency Chief Sustainability Officer, who shall be a senior civilian officer
of the United States, compensated annually in an amount at or above the
amount payable at level IV of the Executive Schedule, and report such
designation to the Director of OMB and the Chair of CEQ.
Sec. 9. Duties of the Agency Chief Sustainability Officers. The Chief Sustain-
ability Officers designated under sections 7 and 8 of this order shall be
responsible for:
(a) ensuring agency policies, plans, and strategies implemented to achieve
the goals of this order consider the role of agency regional facilities and
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personnel and are integrated into agency permitting and environmental re-
view policies, programs, and planning;
(b) developing and implementing an agency-wide strategic process that
coordinates appropriate agency functions and programs to ensure that those
functions and programs consider and address the goals of this order;
(c) reporting annually to the Chair of CEQ and Director of OMB a com-
prehensive inventory of progress towards the greenhouse gas emissions goals
established in section 2 of this order;
(d) representing the agency on the Steering Committee;
(e) convening quarterly meetings of agency bureaus, commands, or oper-
ating divisions that are responsible for the implementation of strategies
necessary to meet the goals of this order;
(f) representing the agency in any requests to the Chair of CEQ and
Director of OMB to amend or normalize a baseline for goals established
in this order due to change of greater than 5 percent as a result of agency
space consolidation, a change in mission tempo, or improved data quality;
(g) providing plans, including the Plan prepared under section 14 of
this order, reports, information, and assistance necessary to implement this
order, to the Director of OMB, the Chair of CEQ, and the Federal Chief
Sustainability Officer; and
(h) performing such other duties relating to the implementation of this
order as the head of the agency deems appropriate.
Sec. 10. Regional Coordination. Within 180 days of the date of this order,
each EPA and GSA Regional office shall in coordination with Federal Execu-
tive Boards established by the Presidential Memorandum of November 10,
1961 (The Need for Greater Coordination of Regional and Field Activities
of the Government), DOD and other agencies as appropriate, convene regional
interagency workgroups to identify and address:
(a) sustainable operations of Federal fleet vehicles, including identification
and implementation of opportunities to use and share fueling infrastructure
and logistical resources to support the adoption and use of alternative fuel
vehicles, including E–85 compatible vehicles, zero emission and plug-in
hybrid vehicles, and compressed natural gas powered vehicles;
(b) water resource management and drought response opportunities;
(c) climate change preparedness and resilience planning in coordination
with State, local, and tribal communities; and
(d) opportunities for collective procurement of clean energy to satisfy
energy demand for multiple agency buildings.
Sec. 11. Employee Education and Training. Within 180 days of the date
of this order, the Office of Personnel Management, in coordination with
DOE, GSA, EPA, and other agencies as appropriate, shall:
(a) consider the establishment of a dedicated Federal occupational series
for sustainability professionals and relevant positions that directly impact
the achievement of Federal sustainability goals and if appropriate, prepare
and issue such occupational series; and
(b) initiate the inclusion of environmental sustainability and climate pre-
paredness and resilience into Federal leadership and educational programs
in courses and training, delivered through electronic learning, in classroom
settings, and residential centers, particularly developmental training for Sen-
ior Executive Service and GS–15 personnel.
Sec. 12. Supporting the Federal Fleet. (a) GSA shall ensure that vehicles
available to agencies for either lease or sale, at or below market cost, through
its vehicle program include adequate variety and volume of alternative fuel
vehicles, including zero emission and plug-in hybrid vehicles, to meet the
fleet management goals of this order.
(b) DOE shall assist the United States Postal Service (USPS) in evaluating
the best alternative and advanced fuel technologies for the USPS fleet and
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report on such progress annually as part of the planning requirements of
section 14 of this order.
Sec. 13. Supporting Federal Facility Climate Preparedness and Resilience.
The head of each agency shall, consistent with Executive Order 13653 of
November 1, 2013, ensure that agency operations and facilities prepare for
impacts of climate change as part of the planning requirements of section
14 of this order and consistent with planning required under section 5
of Executive Order 13653 by:
(a) identifying and addressing projected impacts of climate change on
mission critical water, energy, communication, and transportation demands
and considering those climate impacts in operational preparedness planning
for major agency facilities and operations; and
(b) calculating the potential cost and risk to mission associated with
agency operations that do not take into account the information collected
in subsection (a) of this section and considering that cost in agency decision-
making.
Sec. 14. Agency Strategic Sustainability Performance Plan. Beginning in
June 2015, and continuing through fiscal year 2025, the head of each Principal
Agency shall develop, implement, and annually update an integrated Stra-
tegic Sustainability Performance Plan (Plan) based on guidance prepared
by the Chair of CEQ under section 4 of this order. Contributing agencies
are encouraged to prepare a Plan but may limit content of the Plan to
a summary of agency actions to meet the requirements of this order. Each
Principal Agency Plan and update shall be provided to the Chair of CEQ
and Director of OMB, shall be subject to approval by the Director under
section 5 of this order, and shall be made publicly available on an agency
Web site once approved.
Sec. 15. Supply Chain Greenhouse Gas Management. In implementing the
greenhouse gas management policies in section 1 of this order and to better
understand and manage the implications of Federal supply chain greenhouse
gas emissions:
(a) the Chair of CEQ shall, within 30 days of the date of this order
and annually thereafter, identify and publicly release an inventory of major
Federal suppliers using publicly available Federal procurement information,
including information as to whether the supplier has accounted for and
publicly disclosed, during the previous calendar year, annual scope 1 and
2 greenhouse gas emission data and publicly disclosed a greenhouse gas
emission reductions target (or targets) for 2015 or beyond; and
(b) the seven largest Federal procuring agencies shall each submit for
consideration, in conjunction with the planning requirements of section
14 of this order, a plan to implement at least five new procurements annually
in which the agency may include, as appropriate, contract requirements
for vendors or evaluation criteria that consider contractor emissions and
greenhouse gas emissions management practices. The plans submitted for
consideration may include identification of evaluation criteria, performance
period criteria, and contract clauses that will encourage suppliers to manage
and reduce greenhouse gas emissions, and shall be implemented as soon
as practicable after any relevant administrative requirements have been met.
Sec. 16. Revocations and Conforming Provisions. (a) Pursuant to section
742(b) of Public Law 111–117, I have determined that this order will achieve
equal or better environmental or energy efficiency results than Executive
Order 13423. Therefore, Executive Order 13423 of January 24, 2007, is
revoked.
(b) Executive Order 13514 of October 5, 2009; Presidential Memorandum
of December 2, 2011 (Implementation of Energy Savings Projects and Perform-
ance-Based Contracting for Energy Savings); section 1 of Presidential Memo-
randum of February 21, 2012 (Driving Innovation and Creating Jobs in Rural
America through Biobased and Sustainable Product Procurement); and Presi-
dential Memorandum of December 5, 2013 (Federal Leadership on Energy
Management), are revoked.
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(c) Presidential Memorandum of May 24, 2011 (Federal Fleet Performance),
is revoked as of October 1, 2015.
(d) Section 3(b)(vi) of Executive Order 13327 of February 4, 2004, is
amended by striking ‘‘Executive Order 13148 of April 21, 2000’’ and inserting
in lieu thereof ‘‘other Executive Orders’’.
(e) Section 2(d) of Executive Order 13432 of May 14, 2007, is amended
to read as follows: ‘‘‘greenhouse gases’ means carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen triflouride, and
sulfur hexafluoride;’’.
(f) Section 5 of Executive Order 13653 of November 1, 2013, is amended
by striking ‘‘Executive Order 13514’’ and inserting in lieu thereof ‘‘other
Executive Orders’’.
(g) Section 1 of Executive Order 13677 of September 23, 2014, is amended
by striking ‘‘Executive Order 13514 of October 5, 2009 (Federal Leadership
in Environmental, Energy, and Economic Performance), and Executive Order
13653 of November 1, 2013 (Preparing the United States for the Impacts
of Climate Change),’’ and inserting in lieu thereof ‘‘Several Executive Orders
have’’.
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
with respect to which the head of the agency has not made a determination
under subsection (a) of this section in a manner consistent with the policy
set forth in section 1 of this order 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 to the extent the Director determines necessary to protect intel-
ligence sources and methods from unauthorized disclosure.
(b) The head of an agency may exempt law enforcement activities of
that agency, and related personnel, resources, and facilities, from the provi-
sions of this order other than this subsection to the extent the head of
an agency determines necessary to protect undercover operations from unau-
thorized disclosure.
(c) The head of an agency may exempt law enforcement, protective, emer-
gency response, or military tactical vehicle fleets of that agency from the
provisions of this order other than this subsection. Heads of agencies shall
manage fleets to which this paragraph refers in a manner consistent with
the policy set forth in section 1 of this order to the extent they determine
practicable.
(d) The head of an agency may exempt particular agency activities and
facilities from the provisions of this order other than this subsection 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 Chair of CEQ
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
Chair of CEQ, 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:
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(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 Office;
(c) ‘‘alternative energy’’ means energy generated from technologies and
approaches that advance renewable heat sources, including biomass, solar
thermal, geothermal, waste heat, and renewable combined heat and power
processes; combined heat and power; small modular nuclear reactor tech-
nologies; fuel cell energy systems; and energy generation, where active cap-
ture and storage of carbon dioxide emissions associated with that energy
generation is verified;
(d) ‘‘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 vehicles, hybrid electric vehicles, plug-in hybrid electric
vehicles, dedicated alternative fuel vehicles, dual fueled alternative fuel
vehicles, qualified fuel cell motor vehicles, advanced lean burn technology
motor vehicles, low greenhouse gas vehicles, compressed natural gas powered
vehicles, self-propelled vehicles such as bicycles, and any other alternative
fuel vehicles that are defined by statute;
(e) ‘‘clean energy’’ means renewable electric energy and alternative energy;
(f) ‘‘climate resilient design’’ means to design assets to prepare for, with-
stand, respond to, or quickly recover from disruptions due to severe weather
events and climate change for the intended life of the asset;
(g) ‘‘construction and demolition materials and debris’’ means waste mate-
rials and debris generated during construction, renovation, demolition, or
dismantling of all structures and buildings and associated infrastructure;
(h) ‘‘Contributing Agencies’’ are defined as executive agencies that are
not subject to the Chief Financial Officers Act and include Federal Boards,
Commissions, and Committees;
(i) ‘‘divert’’ or ‘‘diverting’’ means redirecting materials from disposal in
landfills or incinerators to recycling or recovery, excluding diversion to
waste-to-energy facilities;
(j) ‘‘environmentally preferable’’ means products or services that have
a lesser or reduced effect on human health and the environment when
compared with competing products or services that serve the same purpose.
This comparison may consider raw materials acquisition, production, manu-
facturing, packaging, distribution, reuse, use, operation, maintenance, or dis-
posal related to the product or service;
(k) ‘‘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 combat support, combat service support, tactical
or relief operations, or training for such operations or spaceflight vehicles
(including associated ground-support equipment);
(l) ‘‘Federal facility’’ means any building or collection of buildings,
grounds, or structures, as well as any fixture or part thereof, which is
owned by the United States or any Federal agency or that is held by
the United States or any Federal agency under a lease-acquisition agreement
under which the United States or a Federal agency will receive fee simple
title under the terms of such agreement without further negotiation;
(m) ‘‘greenhouse gases’’ means carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, nitrogen triflouride, and sulfur
hexafluoride;
(n) ‘‘life-cycle cost-effective’’ means the life-cycle costs of a product,
project, or measure are estimated to be equal to or less than the base
case (i.e., current or standard practice or product);
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(o) ‘‘net-zero energy building’’ means a building that is designed, con-
structed, or renovated and operated such that the actual annual source
energy consumption is balanced by on-site renewable energy;
(p) ‘‘net-zero water building’’ means a building that is designed, con-
structed, or renovated and operated to greatly reduce total water consump-
tion, use non-potable sources as much as possible, and recycle and reuse
water in order to return the equivalent amount of water as was withdrawn
from all sources, including municipal supply, without compromising ground-
water and surface water quantity or quality;
(q) ‘‘net-zero waste building’’ means a building that is operated to reduce,
reuse, recycle, compost, or recover solid waste streams (with the exception
of hazardous and medical waste) thereby resulting in zero waste disposal;
(r) ‘‘passenger vehicle’’ means a sedan or station wagon designed primarily
to transport people as defined in 102–34.35 of the Federal Management
Regulation;
(s) ‘‘power usage effectiveness’’ means the ratio obtained by dividing the
total amount of electricity and other power consumed in running a data
center by the power consumed by the information and communications
technology in the data center;
(t) ‘‘Principal Agencies’’ mean agencies subject to the Chief Financial
Officers Act and agencies subject to the OMB Scorecard process under
section 5(b) of this order;
(u) ‘‘renewable energy certificate’’ means the technology and environmental
(non-energy) attributes that represent proof that 1 megawatt-hour (MWh)
of electricity was generated from an eligible renewable energy resource,
that can be sold separately from the underlying generic electricity with
which they are associated, and that, for the purposes of section 3(d)(iii)
and (iv) of this order, were produced by sources of renewable energy placed
into service within 10 years prior to the start of the fiscal year;
(v) ‘‘renewable electric energy’’ means energy produced by solar, wind,
biomass, landfill gas, ocean (including tidal, wave, current, and thermal),
geothermal, geothermal heat pumps, microturbines, municipal solid waste,
or new hydroelectric generation capacity achieved from increased efficiency
or additions of new capacity at an existing hydroelectric project;
(w) ‘‘resilience’’ means the ability to anticipate, prepare for, and adapt
to changing conditions and withstand, respond to, and recover rapidly from
disruptions;
(x) ‘‘scope 1, 2, and 3’’ mean:
(i) scope 1: direct greenhouse gas emissions from sources that are owned
or controlled by the agency;
(ii) scope 2: direct greenhouse gas emissions resulting from the generation
of electricity, heat, or steam purchased by an agency;
(iii) scope 3: greenhouse gas emissions from sources not owned or directly
controlled by an agency but related to agency activities such as vendor
supply chains, delivery and transportation services, and employee travel
and commuting;
(y) ‘‘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;
(z) ‘‘water balance’’ means a comparison of the water supplied to a defined
system to the water consumed by that system in order to identify the
proportion of water consumed for specific end-uses and ensure potential
water leaks in the system are addressed; and
(aa) ‘‘zero emission vehicle’’ means a vehicle that produces zero exhaust
emissions of any criteria pollutant (or precursor pollutant) or greenhouse
gas under any possible operational modes or conditions.
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Sec. 20. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable
law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
March 19, 2015.
[FR Doc. 2015–07016
Filed 3–24–15; 11:15 am]
Billing code 3295–F5
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| Planning for Federal Sustainability in the Next Decade | 2015-03-19T00:00:00 | 1fe62e6bead0459374610cc109d412885a038c3557eeccef2357c98c1f6c7e1c |
Presidential Executive Order | 2015-05677 (13692) | Presidential Documents
12747
Federal Register
Vol. 80, No. 47
Wednesday, March 11, 2015
Title 3—
The President
Executive Order 13692 of March 8, 2015
Blocking Property and Suspending Entry of Certain Persons
Contributing to the Situation in Venezuela
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113–278) (the ‘‘Venezuela
Defense of Human Rights Act’’) (the ‘‘Act’’), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), and section 301 of
title 3, United States Code,
I, BARACK OBAMA, President of the United States of America, find that
the situation in Venezuela, including the Government of Venezuela’s erosion
of human rights guarantees, persecution of political opponents, curtailment
of press freedoms, use of violence and human rights violations and abuses
in response to antigovernment protests, and arbitrary arrest and detention
of antigovernment protestors, as well as the exacerbating presence of signifi-
cant public corruption, constitutes an unusual and extraordinary threat to
the national security and foreign policy of the United States, and I hereby
declare a national emergency to deal with that threat. I hereby order:
Section 1. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person of the
following persons are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(A) to be responsible for or complicit in, or responsible for ordering,
controlling, or otherwise directing, or to have participated in, directly
or indirectly, any of the following in or in relation to Venezuela:
(1) actions or policies that undermine democratic processes or institutions;
(2) significant acts of violence or conduct that constitutes a serious abuse
or violation of human rights, including against persons involved in
antigovernment protests in Venezuela in or since February 2014;
(3) actions that prohibit, limit, or penalize the exercise of freedom of
expression or peaceful assembly; or
(4) public corruption by senior officials within the Government of Ven-
ezuela;
(B) to be a current or former leader of an entity that has, or whose
members have, engaged in any activity described in subsection (a)(ii)(A)
of this section or of an entity whose property and interests in property
are blocked pursuant to this order;
(C) to be a current or former official of the Government of Venezuela;
(D) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of:
(1) a person whose property and interests in property are blocked pursuant
to this order; or
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(2) an activity described in subsection (a)(ii)(A) of this section; 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) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in subsection 1(a) of this order would be detrimental to
the interests of the United States, and I hereby suspend entry into the
United States, as immigrants or nonimmigrants, of such persons, except
where the Secretary of State determines that the person’s entry is in the
national interest of the United States. This section shall not apply to an
alien if admitting the alien into the United States is necessary to permit
the United States to comply with the Agreement Regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947, or other applicable international obligations.
Sec. 3. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in this order,
and I hereby prohibit such donations as provided by section 1 of this
order.
Sec. 4. The prohibitions in section 1 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States;
(d) the term ‘‘Government of Venezuela’’ means the Government of Ven-
ezuela, any political subdivision, agency, or instrumentality thereof, includ-
ing the Central Bank of Venezuela, and any person owned or controlled
by, or acting for or on behalf of, the Government of Venezuela.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons 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
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the national emergency declared in this order, there need be no prior notice
of a listing or determination made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and section 5 of the Venezuela Defense of Human Rights Act,
other than the authorities contained in sections 5(b)(1)(B) and 5(c) of that
Act, as may be necessary to carry out the purposes of this order, with
the exception of section 2 of this order, and the relevant provisions of
section 5 of that Act. The Secretary of the Treasury may redelegate any
of these functions to other officers and agencies of the United States Govern-
ment consistent with applicable law. All agencies of the United States Gov-
ernment are hereby directed to take all appropriate measures within their
authority to carry out the provisions of this order.
Sec. 9. The Secretary of State is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ all
powers granted to the President by IEEPA, the INA, and section 5 of the
Venezuela Defense of Human Rights Act, including the authorities set forth
in sections 5(b)(1)(B), 5(c), and 5(d) of that Act, as may be necessary to
carry out section 2 of this order and the relevant provisions of section
5 of that Act. The Secretary of State may redelegate any of these functions
to other officers and agencies of the United States Government consistent
with applicable law.
Sec. 10. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to determine that circumstances no longer
warrant the blocking of the property and interests in property of a person
listed in the Annex to this order, and to take necessary action to give
effect to that determination.
Sec. 11. 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. 12. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
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Sec. 13. This order is effective at 12:01 a.m. eastern daylight time on March
9, 2015.
THE WHITE HOUSE,
March 8, 2015.
Billing Code 3295–F5–P
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ANNEX
1. Antonio Jose
´ Benavides Torres [Commander of the Central Integral
Strategic Defense Region of the National Armed Forces, former Director
of Operations for the National Guard; born June 13, 1961]
2. Gustavo Enrique Gonza
´lez Lo
´pez [Director General of the National Intel-
ligence Service and President of the Strategic Center of Security and Protec-
tion of the Homeland; born November 2, 1960]
3. Justo Jose
´ Noguera Pietri [President of the Venezuelan Corporation
of Guayana, former General Commander of the National Guard; born March
15, 1961]
4. Katherine Nayarith Haringhton Padron [National Level Prosecutor of
the 20th District Office of the Public Ministry; born December 5, 1971]
5. Manuel Eduardo Pe
´rez Urdaneta [Director of the National Police; born
May 26, 1962]
6. Manuel Gregorio Bernal Martı
´nez [Chief of the 31st Armored Brigade
of Caracas, former Director General of the National Intelligence Service;
born July 12, 1965]
7. Miguel Alcides Vivas Landino [Inspector General of the National Armed
Forces, former Commander of the Andes Integral Strategic Defense Region
of the National Armed Forces; born July 8, 1961]
[FR Doc. 2015–05677
Filed 3–10–15; 8:45 am]
Billing Code 4811–33–P
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| Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela | 2015-03-08T00:00:00 | adc92173feb46fbc0184ab8ab52526e570f12322f7c09ed56799e396040e46aa |
Presidential Executive Order | 2015-03714 (13691) | Presidential Documents
9349
Federal Register
Vol. 80, No. 34
Friday, February 20, 2015
Title 3—
The President
Executive Order 13691 of February 13, 2015
Promoting Private Sector Cybersecurity Information Sharing
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. In order to address cyber threats to public health and
safety, national security, and economic security of the United States, private
companies, nonprofit organizations, executive departments and agencies
(agencies), and other entities must be able to share information related
to cybersecurity risks and incidents and collaborate to respond in as close
to real time as possible.
Organizations engaged in the sharing of information related to cybersecurity
risks and incidents play an invaluable role in the collective cybersecurity
of the United States. The purpose of this order is to encourage the voluntary
formation of such organizations, to establish mechanisms to continually
improve the capabilities and functions of these organizations, and to better
allow these organizations to partner with the Federal Government on a
voluntary basis.
Such information sharing must be conducted in a manner that protects
the privacy and civil liberties of individuals, that preserves business con-
fidentiality, that safeguards the information being shared, and that protects
the ability of the Government to detect, investigate, prevent, and respond
to cyber threats to the public health and safety, national security, and
economic security of the United States.
This order builds upon the foundation established by Executive Order 13636
of February 12, 2013 (Improving Critical Infrastructure Cybersecurity), and
Presidential Policy Directive–21 (PPD–21) of February 12, 2013 (Critical
Infrastructure Security and Resilience).
Policy coordination, guidance, dispute resolution, and periodic in-progress
reviews for the functions and programs described and assigned herein shall
be provided through the interagency process established in Presidential Pol-
icy Directive–l (PPD–l) of February 13, 2009 (Organization of the National
Security Council System), or any successor.
Sec. 2. Information Sharing and Analysis Organizations. (a) The Secretary
of Homeland Security (Secretary) shall strongly encourage the development
and formation of Information Sharing and Analysis Organizations (ISAOs).
(b) ISAOs may be organized on the basis of sector, sub-sector, region,
or any other affinity, including in response to particular emerging threats
or vulnerabilities. ISAO membership may be drawn from the public or
private sectors, or consist of a combination of public and private sector
organizations. ISAOs may be formed as for-profit or nonprofit entities.
(c) The National Cybersecurity and Communications Integration Center
(NCCIC), established under section 226(b) of the Homeland Security Act
of 2002 (the ‘‘Act’’), shall engage in continuous, collaborative, and inclusive
coordination with ISAOs on the sharing of information related to cybersecu-
rity risks and incidents, addressing such risks and incidents, and strength-
ening information security systems consistent with sections 212 and 226
of the Act.
(d) In promoting the formation of ISAOs, the Secretary shall consult with
other Federal entities responsible for conducting cybersecurity activities,
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including Sector-Specific Agencies, independent regulatory agencies at their
discretion, and national security and law enforcement agencies.
Sec. 3. ISAO Standards Organization. (a) The Secretary, in consultation
with other Federal entities responsible for conducting cybersecurity and
related activities, shall, through an open and competitive process, enter
into an agreement with a nongovernmental organization to serve as the
ISAO Standards Organization (SO), which shall identify a common set of
voluntary standards or guidelines for the creation and functioning of ISAOs
under this order. The standards shall further the goal of creating robust
information sharing related to cybersecurity risks and incidents with ISAOs
and among ISAOs to create deeper and broader networks of information
sharing nationally, and to foster the development and adoption of automated
mechanisms for the sharing of information. The standards will address the
baseline capabilities that ISAOs under this order should possess and be
able to demonstrate. These standards shall address, but not be limited to,
contractual agreements, business processes, operating procedures, technical
means, and privacy protections, such as minimization, for ISAO operation
and ISAO member participation.
(b) To be selected, the SO must demonstrate the ability to engage and
work across the broad community of organizations engaged in sharing infor-
mation related to cybersecurity risks and incidents, including ISAOs, and
associations and private companies engaged in information sharing in support
of their customers.
(c) The agreement referenced in section 3(a) shall require that the SO
engage in an open public review and comment process for the development
of the standards referenced above, soliciting the viewpoints of existing enti-
ties engaged in sharing information related to cybersecurity risks and inci-
dents, owners and operators of critical infrastructure, relevant agencies, and
other public and private sector stakeholders.
(d) The Secretary shall support the development of these standards and,
in carrying out the requirements set forth in this section, shall consult
with the Office of Management and Budget, the National Institute of Stand-
ards and Technology in the Department of Commerce, Department of Justice,
the Information Security Oversight Office in the National Archives and
Records Administration, the Office of the Director of National Intelligence,
Sector-Specific Agencies, and other interested Federal entities. All standards
shall be consistent with voluntary international standards when such inter-
national standards will advance the objectives of this order, and shall meet
the requirements of the National Technology Transfer and Advancement
Act of 1995 (Public Law 104–113), and OMB Circular A–119, as revised.
Sec. 4. Critical Infrastructure Protection Program. (a) Pursuant to sections
213 and 214(h) of the Critical Infrastructure Information Act of 2002, I
hereby designate the NCCIC as a critical infrastructure protection program
and delegate to it authority to enter into voluntary agreements with ISAOs
in order to promote critical infrastructure security with respect to cybersecu-
rity.
(b) Other Federal entities responsible for conducting cybersecurity and
related activities to address threats to the public health and safety, national
security, and economic security, consistent with the objectives of this order,
may participate in activities under these agreements.
(c) The Secretary will determine the eligibility of ISAOs and their members
for any necessary facility or personnel security clearances associated with
voluntary agreements in accordance with Executive Order 13549 of August
18, 2010 (Classified National Security Information Programs for State, Local,
Tribal, and Private Sector Entities), and Executive Order 12829 of January
6, 1993 (National Industrial Security Program), as amended, including as
amended by this order.
Sec. 5. Privacy and Civil Liberties Protections. (a) Agencies shall coordinate
their activities under this order with their senior agency officials for privacy
and civil liberties and ensure that appropriate protections for privacy and
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civil liberties are incorporated into such activities. Such protections shall
be based upon the Fair Information Practice Principles and other privacy
and civil liberties policies, principles, and frameworks as they apply to
each agency’s activities.
(b) Senior privacy and civil liberties officials for agencies engaged in
activities under this order shall conduct assessments of their agency’s activi-
ties and provide those assessments to the Department of Homeland Security
(DHS) Chief Privacy Officer and the DHS Office for Civil Rights and Civil
Liberties for consideration and inclusion in the Privacy and Civil Liberties
Assessment report required under Executive Order 13636.
Sec. 6. National Industrial Security Program. Executive Order 12829, as
amended, is hereby further amended as follows:
(a) the second paragraph is amended by inserting ‘‘the Intelligence Reform
and Terrorism Prevention Act of 2004,’’ after ‘‘the National Security Act
of 1947, as amended,’’;
(b) Sec. 101(b) is amended to read as follows: ‘‘The National Industrial
Security Program shall provide for the protection of information classified
pursuant to Executive Order 13526 of December 29, 2009, or any predecessor
or successor order, and the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.).’’;
(c) Sec. 102(b) is amended by replacing the first paragraph with: ‘‘In
consultation with the National Security Advisor, the Director of the Informa-
tion Security Oversight Office, in accordance with Executive Order 13526
of December 29, 2009, shall be responsible for implementing and monitoring
the National Industrial Security Program and shall:’’;
(d) Sec. 102(c) is amended to read as follows: ‘‘Nothing in this order
shall be construed to supersede the authority 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.), or the authority of the Director
of National Intelligence (or any Intelligence Community element) under the
Intelligence Reform and Terrorism Prevention Act of 2004, the National
Security Act of 1947, as amended, or Executive Order 12333 of December
8, 1981, as amended, or the authority of the Secretary of Homeland Security,
as the Executive Agent for the Classified National Security Information Pro-
gram established under Executive Order 13549 of August 18, 2010 (Classified
National Security Information Program for State, Local, Tribal, and Private
Sector Entities).’’;
(e) Sec. 201(a) is amended to read as follows: ‘‘The Secretary of Defense,
in consultation with all affected agencies and with the concurrence of the
Secretary of Energy, the Nuclear Regulatory Commission, the Director of
National Intelligence, and the Secretary of Homeland Security, shall issue
and maintain a National Industrial Security Program Operating Manual (Man-
ual). The Secretary of Energy and the Nuclear Regulatory Commission shall
prescribe and issue that portion of the Manual that pertains to information
classified under the Atomic Energy Act of 1954, as amended (42 U.S.C.
2011 et seq.). The Director of National Intelligence shall prescribe and issue
that portion of the Manual that pertains to intelligence sources and methods,
including Sensitive Compartmented Information. The Secretary of Homeland
Security shall prescribe and issue that portion of the Manual that pertains
to classified information shared under a designated critical infrastructure
protection program.’’;
(f) Sec. 201(f) is deleted in its entirety;
(g) Sec. 201(e) is redesignated Sec. 201(f) and revised by substituting
‘‘Executive Order 13526 of December 29, 2009, or any successor order,’’
for ‘‘Executive Order No. 12356 of April 2, 1982.’’;
(h) Sec. 201(d) is redesignated Sec. 201(e) and revised by substituting
‘‘the Director of National Intelligence, and the Secretary of Homeland Secu-
rity’’ for ‘‘and the Director of Central Intelligence.’’;
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(i) a new Sec. 201(d) is inserted after Sec. 201(c) to read as follows:
‘‘The Manual shall also prescribe arrangements necessary to permit and
enable secure sharing of classified information under a designated critical
infrastructure protection program to such authorized individuals and organi-
zations as determined by the Secretary of Homeland Security.’’;
(j) Sec. 202(b) is amended to read as follows: ‘‘The Director of National
Intelligence retains authority over access to intelligence sources and methods,
including Sensitive Compartmented Information. The Director of National
Intelligence may inspect and monitor contractor, licensee, and grantee pro-
grams and facilities that involve access to such information or may enter
into written agreements with the Secretary of Defense, as Executive Agent,
or with the Director of the Central Intelligence Agency to inspect and monitor
these programs or facilities, in whole or in part, on the Director’s behalf.’’;
(k) Sec. 202(d) is redesignated as Sec. 202(e); and
(l) in Sec. 202 a new subsection (d) is inserted after subsection (c) to
read as follows: ‘‘The Secretary of Homeland Security may determine the
eligibility for access to Classified National Security Information of contractors,
licensees, and grantees and their respective employees under a designated
critical infrastructure protection program, including parties to agreements
with such program; the Secretary of Homeland Security may inspect and
monitor contractor, licensee, and grantee programs and facilities or may
enter into written agreements with the Secretary of Defense, as Executive
Agent, or with the Director of the Central Intelligence Agency, to inspect
and monitor these programs or facilities in whole or in part, on behalf
of the Secretary of Homeland Security.’’
Sec. 7. Definitions. (a) ‘‘Critical infrastructure information’’ has the meaning
given the term in section 212(3) of the Critical Infrastructure Information
Act of 2002.
(b) ‘‘Critical infrastructure protection program’’ has the meaning given
the term in section 212(4) of the Critical Infrastructure Information Act
of 2002.
(c) ‘‘Cybersecurity risk’’ has the meaning given the term in section 226(a)(1)
of the Homeland Security Act of 2002 (as amended by the National Cyberse-
curity Protection Act of 2014).
(d) ‘‘Fair Information Practice Principles’’ means the eight principles set
forth in Appendix A of the National Strategy for Trusted Identities in Cyber-
space.
(e) ‘‘Incident’’ has the meaning given the term in section 226(a)(2) of
the Homeland Security Act of 2002 (as amended by the National Cybersecu-
rity Protection Act of 2014).
(f) ‘‘Information Sharing and Analysis Organization’’ has the meaning given
the term in section 212(5) of the Critical Infrastrucure Information Act of
2002.
(g) ‘‘Sector-Specific Agency’’ has the meaning given the term in PPD–
21, or any successor.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law or Executive Order to an agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations. Nothing in this order shall
be construed to alter or limit any authority or responsibility of an agency
under existing law including those activities conducted with the private
sector relating to criminal and national security threats. Nothing in this
order shall be construed to provide an agency with authority for regulating
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the security of critical infrastructure in addition to or to a greater extent
than the authority the agency has under existing law.
(c) All actions taken pursuant to this order shall be consistent with require-
ments and authorities to protect intelligence and law enforcement sources
and methods.
(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 13, 2015.
[FR Doc. 2015–03714
Filed 2–19–15; 2:00 pm]
Billing code 3295–F5
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| Promoting Private Sector Cybersecurity Information Sharing | 2015-02-13T00:00:00 | d4007252bdb4c42777522f9089f1a6cc3b1ab95bfd8e9db3d282a33f538d3a1c |
Presidential Executive Order | 2015-01255 (13688) | Presidential Documents
3451
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Presidential Documents
Executive Order 13688 of January 16, 2015
Federal Support for Local Law Enforcement Equipment Ac-
quisition
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to better coordinate
Federal support for the acquisition of certain Federal equipment by State,
local, and tribal law enforcement agencies, I hereby order as follows:
Section 1. Policy. For decades, the Federal Government has provided equip-
ment to State, local, and tribal law enforcement agencies (LEAs) through
excess equipment transfers (including GSA donations), asset forfeiture pro-
grams, and Federal grants. These programs have assisted LEAs as they carry
out their critical missions to keep the American people safe. The equipment
acquired by LEAs through these programs includes administrative equipment,
such as office furniture and computers. But it also includes military and
military-styled equipment, firearms, and tactical vehicles provided by the
Federal Government, including property covered under 22 CFR part 121
and 15 CFR part 774 (collectively, ‘‘controlled equipment’’).
The Federal Government must ensure that careful attention is paid to stand-
ardizing procedures governing its provision of controlled equipment and
funds for controlled equipment to LEAs. Moreover, more must be done
to ensure that LEAs have proper training regarding the appropriate use
of controlled equipment, including training on the protection of civil rights
and civil liberties, and are aware of their obligations under Federal non-
discrimination laws when accepting such equipment. To this end, executive
departments and agencies (agencies) must better coordinate their efforts to
operate and oversee these programs.
Sec. 2. Law Enforcement Equipment Working Group. (a) There is established
an interagency Law Enforcement Equipment Working Group (Working Group)
to identify agency actions that can improve Federal support for the acquisi-
tion of controlled equipment by LEAs, including by providing LEAs with
controlled equipment that is appropriate to the needs of their community;
ensuring that LEAs are properly trained to employ the controlled equipment
they acquire; ensuring that LEAs adopt organizational and operational prac-
tices and standards that prevent the misuse or abuse of controlled equipment;
and ensuring LEA compliance with civil rights requirements resulting from
receipt of Federal financial assistance. The Working Group shall be co-
chaired by the Secretary of Defense, Attorney General, and Secretary of
Homeland Security. In addition to the Co-Chairs, the Working Group shall
consist of the following members:
(i) the Secretary of the Treasury;
(ii) the Secretary of the Interior;
(iii) the Secretary of Education;
(iv) the Administrator of General Services;
(v) the Director of the Domestic Policy Council;
(vi) the Director of the Office of National Drug Control Policy;
(vii) the Director of the Office of Management and Budget;
(viii) the Assistant to the President for Intergovernmental Affairs and
Public Engagement;
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(ix) the Assistant to the President for Homeland Security and Counterter-
rorism;
(x) the Assistant to the President and Chief of Staff of the Office of
the Vice President; and
(xi) the heads of such other agencies and offices as the Co-Chairs may,
from time to time, designate.
(b) A member of the Working Group may designate a senior-level official
who is from the member’s agency or office and is a full-time officer or
employee of the Federal Government to perform the day-to-day Working
Group functions of the member. At the direction of the Co-Chairs, the
Working Group may establish subgroups consisting exclusively of Working
Group members or their designees under this subsection, as appropriate.
(c) There shall be an Executive Director of the Working Group, to be
appointed by the Attorney General. The Executive Director shall determine
the Working Group’s agenda, convene regular meetings, and supervise its
work under the direction of the Co-Chairs. The Department of Justice shall
provide funding and administrative support for the Working Group to the
extent permitted by law and within existing appropriations. Each agency
shall bear its own expenses for participating in the Working Group.
Sec. 3. Mission and Function of the Working Group. (a) The Working Group
shall provide specific recommendations to the President regarding actions
that can be taken to improve the provision of Federal support for the
acquisition of controlled equipment by LEAs, which may include, to the
extent permitted by law:
(i) developing a consistent, Government-wide list of controlled equipment
allowable for acquisition by LEAs, as well as a list of those items that
can only be transferred with special authorization and use limitations;
(ii) establishing a process to review and approve proposed additions or
deletions to the list of controlled equipment developed pursuant to para-
graph (i) of this subsection;
(iii) harmonizing Federal programs so that they have consistent and trans-
parent policies with respect to the acquisition of controlled equipment
by LEAs;
(iv) requiring after-action analysis reports for significant incidents involving
federally provided or federally funded controlled equipment;
(v) developing policies to ensure that LEAs abide by any limitations or
affirmative obligations imposed on the acquisition of controlled equipment
or receipt of funds to purchase controlled equipment from the Federal
Government and the obligations resulting from receipt of Federal financial
assistance;
(vi) planning the creation of a database that includes information about
controlled equipment purchased or acquired through Federal programs;
(vii) ensuring a process for returning specified controlled equipment that
was acquired from the Federal Government when no longer needed by
an LEA;
(viii) requiring local civilian government (non-police) review of and author-
ization for LEAs’ request for or acquisition of controlled equipment;
(ix) requiring that LEAs participating in Federal controlled equipment
programs receive necessary training regarding appropriate use of controlled
equipment and the implementation of obligations resulting from receipt
of Federal financial assistance, including training on the protection of
civil rights and civil liberties;
(x) providing uniform standards for suspending LEAs from Federal con-
trolled equipment programs for specified violations of law, including civil
rights laws, and ensuring those standards are implemented consistently
across agencies; and
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(xi) creating a process to monitor the sale or transfer of controlled equip-
ment from the Federal Government or controlled equipment purchased
with funds from the Federal Government by LEAs to third parties.
(b) The Working Group shall engage with external stakeholders, including
appropriate State officials, law enforcement organizations, civil rights and
civil liberties organizations, and academics, in developing the recommenda-
tions required by subsection (a) of this section.
(c) The Working Group shall provide the President with an implementation
plan for each of its recommendations, which shall include concrete mile-
stones with specific timetables and outcomes to be achieved.
Sec. 4. Report. Within 60 days of the date of this order, the Working
Group shall provide the President with any recommendations and implemen-
tation plans it may have regarding the actions set forth in section 3(a)(i)
and (ii) of this order. Within 120 days of the date of this order, the Working
Group shall provide the President with any additional recommendations
and implementation plans as set forth in section 3 of this order.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law or Executive Order to an agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
January 16, 2015.
[FR Doc. 2015–01255
Filed 1–21–15; 11:15 am]
Billing code 3295–F5
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| Federal Support for Local Law Enforcement Equipment Acquisition | 2015-01-16T00:00:00 | 40028ef073d03bc5b56ceb2d4d5d7c49a8f698d0aa335ca05aca4710cbe80766 |
Presidential Executive Order | 2015-02379 (13690) | Presidential Documents
6425
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2014 / Presidential Documents
Executive Order 13690 of January 30, 2015
Establishing a Federal Flood Risk Management Standard and
a Process for Further Soliciting and Considering Stakeholder
Input
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to improve the Nation’s
resilience to current and future flood risk, I hereby direct the following:
Section 1. Policy. It is the policy of the United States to improve the
resilience of communities and Federal assets against the impacts of flooding.
These impacts are anticipated to increase over time due to the effects of
climate change and other threats. Losses caused by flooding affect the envi-
ronment, our economic prosperity, and public health and safety, each of
which affects our national security.
The Federal Government must take action, informed by the best-available
and actionable science, to improve the Nation’s preparedness and resilience
against flooding. Executive Order 11988 of May 24, 1977 (Floodplain Manage-
ment), requires executive departments and agencies (agencies) to avoid, to
the extent possible, the long- and short-term adverse impacts associated
with the occupancy and modification of floodplains and to avoid direct
or indirect support of floodplain development wherever there is a practicable
alternative. The Federal Government has developed processes for evaluating
the impacts of Federal actions in or affecting floodplains to implement
Executive Order 11988.
As part of a national policy on resilience and risk reduction consistent
with my Climate Action Plan, the National Security Council staff coordinated
an interagency effort to create a new flood risk reduction standard for
federally funded projects. The views of Governors, mayors, and other stake-
holders were solicited and considered as efforts were made to establish
a new flood risk reduction standard for federally funded projects. The result
of these efforts is the Federal Flood Risk Management Standard (Standard),
a flexible framework to increase resilience against flooding and help preserve
the natural values of floodplains. Incorporating this Standard will ensure
that agencies expand management from the current base flood level to a
higher vertical elevation and corresponding horizontal floodplain to address
current and future flood risk and ensure that projects funded with taxpayer
dollars last as long as intended.
This order establishes the Standard and sets forth a process for further
solicitation and consideration of public input, including from Governors,
mayors, and other stakeholders, prior to implementation of the Standard.
Sec. 2. Amendments to Executive Order 11988. Executive Order 11988 is
amended as follows:
(a) Section 2 is amended by inserting ‘‘, to the extent permitted by law’’
after ‘‘as follows’’.
(b) Section 2(a)(1) is amended by striking ‘‘This Determination shall be
made according to a Department of Housing and Urban Development (HUD)
floodplain map or a more detailed map of an area, if available. If such
maps are not available, the agency shall make a determination of the location
of the floodplain based on the best-available information. The Water Re-
sources Council shall issue guidance on this information not later than
October 1, 1977’’ and inserting in lieu thereof ‘‘To determine whether the
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action is located in a floodplain, the agency shall use one of the approaches
in Section 6(c) of this Order based on the best-available information and
the Federal Emergency Management Agency’s effective Flood Insurance Rate
Map’’.
(c) Section 2(a)(2) is amended by inserting the following sentence after
the first sentence:
‘‘Where possible, an agency shall use natural systems, ecosystem processes,
and nature-based approaches when developing alternatives for consider-
ation.’’.
(d) Section 2(d) is amended by striking ‘‘Director’’ and inserting ‘‘Adminis-
trator’’ in lieu thereof.
(e) Section 3(a) is amended by inserting the following sentence after the
first sentence:
‘‘The regulations and procedures must also be consistent with the Federal
Flood Risk Management Standard (FFRMS).’’.
(f) Section 3(a) is further amended by inserting ‘‘and FFRMS’’ after ‘‘Flood
Insurance Program’’.
(g) Section 3(b) is amended by striking ‘‘base flood level’’ and inserting
‘‘elevation of the floodplain as defined in Section 6(c) of this Order’’ in
lieu thereof.
(h) Section 4 is revised to read as follows:
‘‘In addition to any responsibilities under this Order and Sections 102,
202, and 205 of the Flood Disaster Protection Act of 1973, as amended
(42 U.S.C. 4012a, 4106, and 4128), agencies which guarantee, approve, regu-
late, or insure any financial transaction which is related to an area located
in an area subject to the base flood shall, prior to completing action on
such transaction, inform any private parties participating in the transaction
of the hazards of locating structures in the area subject to the base flood.’’.
(i) Section 6(c) is amended by striking ‘‘, including at a minimum, that
area subject to a one percent or greater chance of flooding in any given
year’’ and inserting in lieu thereof:
‘‘. The floodplain shall be established using one of the following ap-
proaches:
‘‘(1) Unless an exception is made under paragraph (2), the floodplain
shall be:
‘‘(i) the elevation and flood hazard area that result from using a climate-
informed science approach that uses the best-available, actionable hydro-
logic and hydraulic data and methods that integrate current and future
changes in flooding based on climate science. This approach will also
include an emphasis on whether the action is a critical action as one
of the factors to be considered when conducting the analysis;
‘‘(ii) the elevation and flood hazard area that result from using the freeboard
value, reached by adding an additional 2 feet to the base flood elevation
for non-critical actions and by adding an additional 3 feet to the base
flood elevation for critical actions;
‘‘(iii) the area subject to flooding by the 0.2 percent annual chance flood;
or
‘‘(iv) the elevation and flood hazard area that result from using any other
method identified in an update to the FFRMS.
‘‘(2) The head of an agency may except an agency action from paragraph
(1) where it is in the interest of national security, where the agency action
is an emergency action, where application to a Federal facility or structure
is demonstrably inappropriate, or where the agency action is a mission-
critical requirement related to a national security interest or an emergency
action. When an agency action is excepted from paragraph (1) because
it is in the interest of national security, it is an emergency action, or
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it is a mission-critical requirement related to a national security interest
or an emergency action, the agency head shall rely on the area of land
subject to the base flood’’.
(j) Section 6 is further amended by adding the following new subsection
(d) at the end:
‘‘(d) The term ’critical action’ shall mean any activity for which even
a slight chance of flooding would be too great.’’.
(k) Section 8 is revised to read as follows:
‘‘Nothing in this Order shall apply to assistance provided for emergency
work essential to save lives and protect property and public health and
safety, performed pursuant to Sections 403 and 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1988 (42 U.S.C. 5170b
and 5192).’’.
Sec. 3. Agency Action. (a) Prior to any action to implement the Standard,
additional input from stakeholders shall be solicited and considered. To
carry out this process:
(i) the Federal Emergency Management Agency, on behalf of the Mitigation
Framework Leadership Group, shall publish for public comment draft
amended Floodplain Management Guidelines for Implementing Executive
Order 11988 (Guidelines) to provide guidance to agencies on the implemen-
tation of Executive Order 11988, as amended, consistent with the Standard;
(ii) during the comment period, the Mitigation Framework Leadership
Group shall host public meetings with stakeholders to solicit input; and
(iii) after the comment period closes, and based on the comments received
on the draft Guidelines during the comment period, in accordance with
subsections (a)(i) and (ii) of this section, the Mitigation Framework Leader-
ship Group shall provide recommendations to the Water Resources Council.
(b) After additional input from stakeholders has been solicited and consid-
ered as set forth in subsections (a)(i) and (ii) of this section and after
consideration of the recommendations made by the Mitigation Framework
Leadership Group pursuant to subsection (a)(iii) of this section, the Water
Resources Council shall issue amended Guidelines to provide guidance to
agencies on the implementation of Executive Order 11988, as amended,
consistent with the Standard.
(c) To the extent permitted by law, each agency shall, in consultation
with the Water Resources Council, Federal Interagency Floodplain Manage-
ment Task Force, Federal Emergency Management Agency, and Council
on Environmental Quality, issue or amend existing regulations and proce-
dures to comply with this order, and update those regulations and procedures
as warranted. Within 30 days of the closing of the public comment period
for the draft amendments to the Guidelines as described in subsection (a)
of this section, each agency shall submit an implementation plan to the
National Security Council staff that contains milestones and a timeline for
implementation of this order and the Standard, by the agency as it applies
to the agency’s processes and mission. Agencies shall not issue or amend
existing regulations and procedures pursuant to this subsection until after
the Water Resources Council has issued amended Guidelines pursuant to
subsection (b) of this order.
Sec. 4. Reassessment. (a) The Water Resources Council shall issue any
further amendments to the Guidelines as warranted.
(b) The Mitigation Framework Leadership Group in consultation with
the Federal Interagency Floodplain Management Task Force shall reassess
the Standard annually, after seeking stakeholder input, and provide rec-
ommendations to the Water Resources Council to update the Standard if
warranted based on accurate and actionable science that takes into account
changes to climate and other changes in flood risk. The Water Resources
Council shall issue an update to the Standard at least every 5 years.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
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(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(d) The Water Resources Council shall carry out its responsibilities under
this order in consultation with the Mitigation Framework Leadership Group.
THE WHITE HOUSE,
January 30, 2015.
[FR Doc. 2015–02379
Filed 2–3–15; 11:15 am]
Billing code 3295–F5
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| Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input | 2015-01-30T00:00:00 | c3d6830a56b893b6ff599a17026a714ec0061bb545b69f92bcf179bd3f64c065 |
Presidential Executive Order | 2014-30323 (13685) | Presidential Documents
77357
Federal Register
Vol. 79, No. 247
Wednesday, December 24, 2014
Title 3—
The President
Executive Order 13685 of December 19, 2014
Blocking Property of Certain Persons and Prohibiting Certain
Transactions With Respect to the Crimea Region of Ukraine
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.), section 212(f) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United
States Code,
I, BARACK OBAMA, President of the United States of America, in order
to take additional steps to address the Russian occupation of the Crimea
region of Ukraine, and with respect to the national emergency declared
in Executive Order 13660 of March 6, 2014, and expanded by Executive
Order 13661 of March 16, 2014, and Executive Order 13662 of March 20,
2014, hereby order:
Section 1. (a) The following are prohibited:
(i) new investment in the Crimea region of Ukraine by a United States
person, wherever located;
(ii) the importation into the United States, directly or indirectly, of any
goods, services, or technology from the Crimea region of Ukraine;
(iii) the exportation, reexportation, sale, or supply, directly or indirectly,
from the United States, or by a United States person, wherever located,
of any goods, services, or technology to the Crimea region of Ukraine;
and
(iv) any approval, financing, facilitation, or guarantee by a United States
person, wherever located, of a transaction by a foreign person where
the transaction by that foreign person would be prohibited by this section
if performed by a United States person or within the United States.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person (including
any foreign branch) of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in: any person
determined by the Secretary of the Treasury, in consultation with the Sec-
retary of State:
(i) to operate in the Crimea region of Ukraine;
(ii) to be a leader of an entity operating in the Crimea region of Ukraine;
(iii) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to this order; or
(iv) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
any person whose property and interests in property are blocked pursuant
to this order.
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(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 3. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in subsection 2(a) of this order would be detrimental to
the interests of the United States, and I hereby suspend entry into the
United States, as immigrants or nonimmigrants, of such persons. Such per-
sons shall be treated as persons covered by section 1 of Proclamation 8693
of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 4. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 2 of this order would seriously impair
my ability to deal with the national emergency declared in Executive Order
13660, and expanded in Executive Orders 13661 and 13662, and I hereby
prohibit such donations as provided by section 2 of this order.
Sec. 5. The prohibitions in section 2 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 6. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 7. Nothing in this order shall prohibit transactions for the conduct
of the official business of the United States Government by employees,
grantees, or contractors thereof.
Sec. 8. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States; and
(d) the term ‘‘Crimea region of Ukraine’’ includes the land territory in
that region as well as any maritime area over which sovereignty, sovereign
rights, or jurisdiction is claimed based on purported sovereignty over that
land territory.
Sec. 9. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 13660 and expanded
in Executive Orders 13661 and 13662, there need be no prior notice of
a listing or determination made pursuant to section 2 of this order.
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Sec. 10. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA, as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government consistent with
applicable law. All agencies of the United States Government are hereby
directed to take all appropriate measures within their authority to carry
out the provisions of this order.
Sec. 11. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
Sec. 12. This order is effective at 3:30 p.m. eastern standard time on December
19, 2014.
THE WHITE HOUSE,
December 19, 2014.
[FR Doc. 2014–30323
Filed 12–23–14; 8:45 am]
Billing code 3295–F5
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| Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to the Crimea Region of Ukraine | 2014-12-19T00:00:00 | 82e8db94b271fda68d60dff2c948c33acab3ecf4a1919b8008f311e74f0289f4 |
Presidential Executive Order | 2015-00058 (13687) | Presidential Documents
819
Federal Register
Vol. 80, No. 3
Tuesday, January 6, 2015
Title 3—
The President
Executive Order 13687 of January 2, 2015
Imposing Additional Sanctions With Respect To North Korea
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.), section 212(f) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United
States Code; and in view of United Nations Security Council Resolution
(UNSCR) 1718 of October 14, 2006, UNSCR 1874 of June 12, 2009, UNSCR
2087 of January 22, 2013, and UNSCR 2094 of March 7, 2013,
I, BARACK OBAMA, President of the United States of America, find that
the provocative, destabilizing, and repressive actions and policies of the
Government of North Korea, including its destructive, coercive cyber-related
actions during November and December 2014, actions in violation of UNSCRs
1718, 1874, 2087, and 2094, and commission of serious human rights abuses,
constitute a continuing threat to the national security, foreign policy, and
economy of the United States, and hereby expand the scope of the national
emergency declared in Executive Order 13466 of June 26, 2008, expanded
in scope in Executive Order 13551 of August 30, 2010, and relied upon
for additional steps in Executive Order 13570 of April 18, 2011. To address
this threat and to take further steps with respect to this national emergency,
I hereby order:
Section 1. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person of the
following persons are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in: any person determined by the Secretary
of the Treasury, in consultation with the Secretary of State:
(i) to be an agency, instrumentality, or controlled entity of the Government
of North Korea or the Workers’ Party of Korea;
(ii) to be an official of the Government of North Korea;
(iii) to be an official of the Workers’ Party of Korea;
(iv) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
the Government of North Korea or any person whose property and interests
in property are blocked pursuant to this order; or
(v) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, the Government of North Korea
or any person whose property and interests in property are blocked pursu-
ant to this order.
(b) The prohibitions in this order apply except to the extent provided
by statutes, or in regulations, orders, directives, or licenses that may be
issued pursuant to this order, and notwithstanding any contract entered
into or any license or permit granted prior to the effective date of this
order.
Sec. 2. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in Executive Order
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13466, and I hereby prohibit such donations as provided by section 1 of
this order.
Sec. 3. The prohibitions in this order include but are not limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in section 1(a) of this order would be detrimental to the
interests of the United States, and I hereby suspend entry into the United
States, as immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of Proclamation 8693 of
July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States; and
(d) the term ‘‘Government of North Korea’’ means the Government of
the Democratic People’s Republic of Korea and its agencies, instrumentalities,
and controlled entities.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 13466, there need be
no prior notice of a listing or determination made pursuant to section
1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA, as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government consistent with
applicable law. All agencies of the United States Government are hereby
directed to take all appropriate measures within their authority to carry
out the provisions of this order.
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Sec. 9. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
January 2, 2015.
[FR Doc. 2015–00058
Filed 1–5–15; 11:15 am]
Billing code 3295–F5
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| Imposing Additional Sanctions With Respect To North Korea | 2015-01-02T00:00:00 | 48ff82b4c9b416b6abfb9e87fe462d3a9c05e317fa417efe6da2a0e5da3453f2 |
Presidential Executive Order | 2014-30195 (13684) | Presidential Documents
76865
Federal Register
Vol. 79, No. 246
Tuesday, December 23, 2014
Title 3—
The President
Executive Order 13684 of December 18, 2014
Establishment of the President’s Task Force on 21st Century
Policing
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to identify the best
means to provide an effective partnership between law enforcement and
local communities that reduces crime and increases trust, it is hereby ordered
as follows:
Section 1. Establishment. There is established a President’s Task Force on
21st Century Policing (Task Force).
Sec. 2. Membership. (a) The Task Force shall be composed of not more
than eleven members appointed by the President. The members shall include
distinguished individuals with relevant experience or subject-matter expertise
in law enforcement, civil rights, and civil liberties.
(b) The President shall designate two members of the Task Force to serve
as Co-Chairs.
Sec. 3. Mission. (a) The Task Force shall, consistent with applicable law,
identify best practices and otherwise make recommendations to the President
on how policing practices can promote effective crime reduction while build-
ing public trust.
(b) The Task Force shall be solely advisory and shall submit a report
to the President by March 2, 2015.
Sec. 4. Administration. (a) The Task Force shall hold public meetings and
engage with Federal, State, tribal, and local officials, technical advisors,
and nongovernmental organizations, among others, as necessary to carry
out its mission.
(b) The Director of the Office of Community Oriented Policing Services
shall serve as Executive Director of the Task Force and shall, as directed
by the Co-Chairs, convene regular meetings of the Task Force and supervise
its work.
(c) In carrying out its mission, the Task Force shall be informed by,
and shall strive to avoid duplicating, the efforts of other governmental enti-
ties.
(d) The Department of Justice shall provide administrative services, funds,
facilities, staff, equipment, and other support services as may be necessary
for the Task Force to carry out its mission to the extent permitted by
law and subject to the availability of appropriations.
(e) Members of the Task Force shall serve without any additional com-
pensation for their work on the Task Force, but shall be allowed travel
expenses, including per diem, to the extent permitted by law for persons
serving intermittently in the Government service (5 U.S.C. 5701–5707).
Sec. 5. Termination. The Task Force shall terminate 30 days after the Presi-
dent requests a final report from the Task Force.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to a department, agency, or the head
thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
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Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / 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.
(c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.) (the ‘‘Act’’) may apply to the Task Force, any functions of the President
under the Act, except for those in section 6 of the Act, shall be performed
by the Attorney General.
THE WHITE HOUSE,
December 18, 2014.
[FR Doc. 2014–30195
Filed 12–22–14; 8:45 am]
Billing code 3295–F5
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Presidential Executive Order | 2014-29625 (13683) | Presidential Documents
75041
Federal Register
Vol. 79, No. 241
Tuesday, December 16, 2014
Title 3—
The President
Executive Order 13683 of December 11, 2014
Amendments to Executive Orders 11030, 13653, and 13673
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 11030 of June 19, 1962, as amended (Preparation,
Presentation, Filing, and Publication of Executive Orders and Proclamations),
is further amended as follows:
(a) in section 1(f), by striking ‘‘inches’’ where it appears after the phrase
‘‘approximately 1’’ and inserting ‘‘inch’’;
(b) in section 4, to read as follows:
‘‘Sec. 4. Proclamations calling for the observance of special days or events.
Except as may be otherwise provided by law, responsibility for the prepara-
tion and presentation of proposed proclamations calling for the observance
of special days, or other periods of time, or events shall be assigned by
the Director of the Office of Management and Budget to such agencies
or offices as the Director may consider appropriate. Such proposed proclama-
tions shall be submitted to the Director, or to an office within the Executive
Office of the President designated by the Director, at least sixty days before
the date of the specified observance. Notwithstanding the provisions of
Section 2, the Director or the head of such designated office, as appropriate,
shall transmit any approved commemorative proclamations to the President.’’;
(c) by inserting a new section 5 to read as follows:
‘‘Sec. 5. Trade Proclamations. (a) Proclamations to be issued under the
Trade Act of 1974 or other trade law (‘‘trade proclamations’’) shall be pre-
pared by the United States Trade Representative and submitted to the Attor-
ney General for consideration as to both form and legality. Section 2 of
this order does not apply to trade proclamations.
(b) If the proposed trade proclamation is disapproved by the Attorney
General, it shall not thereafter be presented to the President unless it is
accompanied by a statement of the reasons for such disapproval.’’; and
(d) by renumbering current sections 5, 6, and 7 as 6, 7, and 8, respectively.
Sec. 2. Executive Order 13653 of November 1, 2013 (Preparing the United
States for the Impacts of Climate Change), is amended as follows:
(a) in section 6(b):
(i) by inserting ‘‘, and the Director of OMB’’ after the phrase ‘‘the Assistant
to the President for Homeland Security and Counterterrorism’’;
(ii) by striking the ‘‘and’’ preceding ‘‘the Assistant to the President for
Homeland Security and Counterterrorism’’;
(iii) by striking ‘‘(xxviii) the Office of Management and Budget;’’; and
(iv) by renumbering current subsections (xxix), (xxx), and (xxxi) as (xxviii),
(xxix), and (xxx), respectively; and
(b) in section 6(d), to read as follows: ‘‘(d) Council Structure. The Co-
Chairs may designate a subset of members of the Council to serve on a
Steering Committee to help determine priorities and strategic direction for
the Council. The Co-Chairs and Steering Committee may establish working
groups as needed, and may recharter working groups of the Interagency
Climate Change Adaptation Task Force, as appropriate.’’.
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Presidential Documents
Sec. 3. Section 2(a)(i)(I) of Executive Order 13673 of July 31, 2014 (Fair
Pay and Safe Workplaces), is amended to read as follows: ‘‘(I) the Vietnam
Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era
Veterans’ Readjustment Assistance Act of 1974;’’.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an agency or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
December 11, 2014.
[FR Doc. 2014–29625
Filed 12–15–14; 11:15 am]
Billing code 3295–F5
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Presidential Executive Order | 2014-30363 (13686) | Presidential Documents
77361
Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Presidential Documents
Executive Order 13686 of December 19, 2014
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303, are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102–40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior
executives in the Senior Executive Service, as established pursuant to 5
U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part
hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of
basic pay or salaries for the following offices and positions are set forth
on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 4501)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule
7.
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C.
203(a)) for members of the uniformed services, as adjusted under 37 U.S.C.
1009, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c))
are set forth on Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304
of title 5, United States Code, and my authority to implement an alternative
level of comparability payments under section 5304a of title 5, United States
Code, locality-based comparability payments shall be paid in accordance
with Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. Pursuant to section 5372 of title 5,
United States Code, the rates of basic pay for administrative law judges
are set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2015. The other
schedules contained herein are effective on the first day of the first applicable
pay period beginning on or after January 1, 2015.
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Sec. 8. Prior Order Superseded. Executive Order 13655 of December 23,
2013, is superseded as of the effective dates specified in section 7 of this
order.
THE WHITE HOUSE,
December 19, 2014.
Billing code 3295–F5
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GS-10
,4!Y
1 27
'c
·"
I, ~87.
1
~ 92
34,
42,J9Y
3
$
.7
SCHEDULE 1--GENERAL SCHEDULE
a.PP! i
4
')
$20,931
2 '062
'994
~~ (5 I j !j'J
32, 61]7
6, 92
40,4
'
44,/H/
'4
67,636
23, -, 1
30,01
46,067
6'
5, 34
31,683
3 '4
4
10
2 ,698
8,966
32_,
4 0'
45,057
49,907
,116
6C,
GG,68f!
79,
G
,048
,Tl Y
132,
77364
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SCHEDULE 2--FOREIGN SERVICE SCHEDULE
'nCJjnq on
C1
)
9' 3
1H,l69
4
1 614
44,
4S, 68~:i
Class
31' 30
2'
,
'.'.
36,?11
37,
38,4
1 6:.; 1
10' 8 41
4 ,C66
4 ,]2
c]4 1 628
4 ,967
33, 12
1411
1, 93
77365
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SCHEDULE 3--VETERANS HEALTH ADMINISTRATION SCHEDULES
DEPARTMENT OF VETERANS AFFAIRS
on
t-1lnlr:n.1c
Sll9,-
and
, 03C
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SCHEDULE 4--SENIOR EXECUTIVE SERVICE
ffective
of the first
on or after
sal System .
12 ,956
Agencies without a Certified SES
Performance Appraisal System
$ 2 ,9
SCHEDULE 5--EXECUTIVE SCHEDULE
(Effective on the first day of
on or after
pay
od
$183, 00
$
,700
I
$ 03,700
Level II
13 ,300
I
168,700
158 r 00
v
14
f 7 0
SCHEDULE 6--VICE PRESIDENT AND MEMBERS OF CONGRESS
(Effective on
f the
Vice President
Senators ..
on or after
Representa~ives~
the House of Representatives~
CoiTLmissioner from Pue.rto Rico
pro tempore of the Senate ..
leader
minority leader
f
leader and
of Representatives
leader o
Senate.
the House
of the House of Representatives.
SCHEDULE ?--JUDICIAL SALARIES
ffective
the first
on or after
Justice o
Associate Justices of the Supreme
Ci.rcui
t
~._Tudqes .
cTudges,
of International Trade
$2 5,300
93,.400
93, 0
3,
$2
!
46,
r
201,
201
f
00
0
00
00
0
00
00
77367
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6,796.80
"
SCHEDULE 8--PAY OF 'rHE UNIFOJ:U.1ED SERVICES
(Effective January lr 2015)
Part I---MONTHLY BJI.SIC PAY
YEARS
SERVICE (COMPUTED UNDER 37 U.S.C. 205)
C0!1!1ISSIOHED OFFICERS
10
61659,10
'>, q 69. 60
.'5,921.10
4,678 50
i'
fi92 10
6,990,60
:Cl:J 00
4'
3,E92.
COMMISSIONED OFF:CERB WITH OVER 4 YEARS ACTIVE DUTY SERVICE
AS AN ENLISTED !11<:HBER OR WARRANT OFFICER *''*
c
v,
4,
Wl\RRAN'r OFFICERS
lG
50
3,
18
,827,10
'043. ~[)
CJ, 272
,281.20
7,1
E,365.40
4,678.
3/692.10
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o~6
0
SCHEDULE
THE UNIFOID".!ED SERV.ICE.S
(lJACE 2)
{Effect::.v8 Jan.uury 1 1 2015)
Part I--HONTH:LY BASTC PAY
YF!ARS OF SERVICE {CCHPU'J:'ED UNDER 37 U.
COHMISSIONr~D OFFICERS
7'
C01'1MISSIONED OFFICERS WITH OVF.R 4 YEA...>{S ACTIVE DU?Y SERVICE
AS AN EN:SISTED 1--l'El..fBE?. OR WARRt.NT OFFICER**+*
WARFANT OFFICERS
7,,130.10
• <10
3,692. LO
10,
.40
8,7
430.10
793.
.o:
4,584.0C
77369
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SCHEDU:,E 8---PAY
THE UNIFORMED
(Effective January 1, 2015)
Part I--MONTHLY BASIC PAY
YEARS OF SERVICE (COl1PUTED UNDER 37 U.S.C. 205)
6
14
ENLISTED MEMBERS
$5,299.20
1,
6. 80
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/(;
'/(}
SCHEDULE B-
PAY OF THE UNIFORMED SF.RVICES (PAOE 4)
(E-ffective January
1 2015)
Part l--HON1'HLY BASIC PAY
YEARS
SERVICE
(C011PCJT}~D UNDER 37 U.S.C. 205)
ENLISTED MEMBERS
3,12"': 70
40
2, 451 60
1'
. ()()
1'
80
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SCHEDULE 8 ··-·PAY OF THE UNIFORMED SERVICES (PJ:\.GE ;: )
Part -::I--RAC:E OF MONTHLY CADET OR MIDSHIP!1A-'! PAY
or
.c.
77372
Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Presidential Documents
[FR Doc. 2014–30363
Filed 12–23–14; 8:45 am]
Billing code 6325–01–C
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SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2015)
Locality Pay Area*
Alaska ...... .
Atlanta-Sandy Springs-Gainesville, GA-AL.
Boston-Worcester-Manchester, MA-NH-RI-ME.
Buffalo-Niagara-Cattaraugus, NY .
Chicago-Naperville-Michigan City, IL-IN-WI.
Cincinnati-Middletown-Wilmington, OH-KY-IN
Cleveland-Akron-Elyria, OH
Columbus-Marion-Chillicothe, OH .
Dallas-Fort Worth, TX . . . . . .
Dayton-Springfield-Greenville, OH
Denver-Aurora-Boulder, CO ....
Detroit-Warren-Flint, MI
Hartford-West Hartford-Willimantic, CT-MA
Hawaii ..........
.
Houston-Baytown-Huntsville, TX
Huntsville-Decatur, AL .....
Indianapolis-Anderson-Columbus, IN.
Los Angeles-Long Beach-Riverside, CA.
Miami-Fort Lauderdale-Pompano Beach, FL
Milwaukee-Racine-Waukesha, WI . . . . .
Minneapolis-St. Paul-St. Cloud, MN-WI .
New York-Newark-Bridgeport, NY-NJ-CT-PA
Philadelphia-Camden-Vineland, PA-NJ-DE-MD
Phoenix-Mesa-Scottsdale, AZ .
Pittsburgh-New Castle, PA ..
Portland-Vancouver-Hillsboro, OR-WA
Raleigh-Durham-Cary, NC ...
Richmond, VA.
. . . . . . . .
Sacramento-Arden-Arcade-Yuba City, CA-NV.
San Diego-Carlsbad-San Marcos, CA .
San Jose-San Francisco-Oakland, CA
Seattle-Tacoma-Olympia, WA.
.
Washington-Baltimore-Northern Virginia, DC-MD-VA-WV-PA.
Rest of U.S . . . . . . . . .
. . . . . .
Locality Pay Areas are defined in 5 CFR 531.603.
SCHEDULE 10--ADMINISTRATIVE LAW JUDGES
Rate
24.69%
19.29%
24.80%
16.98%
25.10%
18.55%
18.68%
17.16%
20.67%
16.24%
22.52%
24.09%
25.82%
16.51%
28.71%
16.02%
14.68%
27.16%
20.79%
18.10%
20.96%
28.72%
21.79%
16. 7 6%
16.37%
20.35%
17.64%
16.47%
22.20%
24.19%
35.15%
21.81%
24.22%
14.16%
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2015)
AL-3/A
AL-3/B
AL-3/C
AL-3/D
AL-3/E
AL-3/F
AL-2
AL-l .
$105,900
114,000
122,300
130,400
138,700
146,600
154,800
158,700
| Adjustments of Certain Rates of Pay | 2014-12-19T00:00:00 | 994e2b7b6e5efc0f2d8988cce081e3a814c70ee190b5d11f85ec6c860d2a553e |
Presidential Executive Order | 2015-01522 (13689) | Presidential Documents
4191
Federal Register
Vol. 80, No. 16
Monday, January 26, 2015
Title 3—
The President
Executive Order 13689 of January 21, 2015
Enhancing Coordination of National Efforts in the Arctic
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to prepare the Nation for a
changing Arctic and enhance coordination of national efforts in the Arctic,
it is hereby ordered as follows:
Section 1. Policy. The Arctic has critical long-term strategic, ecological,
cultural, and economic value, and it is imperative that we continue to
protect our national interests in the region, which include: national defense;
sovereign rights and responsibilities; maritime safety; energy and economic
benefits; environmental stewardship; promotion of science and research;
and preservation of the rights, freedoms, and uses of the sea as reflected
in international law.
Over the past 60 years, climate change has caused the Alaskan Arctic to
warm twice as rapidly as the rest of the United States, and will continue
to transform the Arctic as its consequences grow more severe. Over the
past several decades, higher atmospheric temperatures have led to a steady
and dramatic reduction in Arctic sea ice, widespread glacier retreat, increas-
ing coastal erosion, more acidic oceans, earlier spring snowmelt, thawing
permafrost, drier landscapes, and more extensive insect outbreaks and
wildfires, thus changing the accessibility and natural features of this remote
region. As a global leader, the United States has the responsibility to strength-
en international cooperation to mitigate the greenhouse gas emissions driving
climate change, understand more fully and manage more effectively the
adverse effects of climate change, protect life and property, develop and
manage resources responsibly, enhance the quality of life of Arctic inhab-
itants, and serve as stewards for valuable and vulnerable ecosystems. In
doing so, we must rely on science-based decisionmaking and respect the
value and utility of the traditional knowledge of Alaska Native peoples.
As the United States assumes the Chairmanship of the Arctic Council, it
is more important than ever that we have a coordinated national effort
that takes advantage of our combined expertise and efforts in the Arctic
region to promote our shared values and priorities.
As the Arctic has changed, the number of Federal working groups created
to address the growing strategic importance and accessibility of this critical
region has increased. Although these groups have made significant progress
and achieved important milestones, managing the broad range of interagency
activity in the Arctic requires coordinated planning by the Federal Govern-
ment, with input by partners and stakeholders, to facilitate Federal, State,
local, and Alaska Native tribal government and similar Alaska Native organi-
zation, as well as private and nonprofit sector, efforts in the Arctic.
Sec. 2. Arctic Executive Steering Committee. (a) Establishment. There is
established an Arctic Executive Steering Committee (Steering Committee),
which shall provide guidance to executive departments and agencies (agen-
cies) and enhance coordination of Federal Arctic policies across agencies
and offices, and, where applicable, with State, local, and Alaska Native
tribal governments and similar Alaska Native organizations, academic and
research institutions, and the private and nonprofit sectors.
(b) Membership. The Steering Committee shall consist of:
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(i) the heads, or their designees, of the Office of Science and Technology
Policy, the Council on Environmental Quality, the Domestic Policy Council,
and the National Security Council;
(ii) the Executive Officer of the Steering Committee, who shall be des-
ignated by the Chair of the Steering Committee (Chair); and
(iii) the Deputy Secretary or equivalent officer from the Departments of
State, Defense, Justice, the Interior, Agriculture, Commerce, Labor, Health
and Human Services, Transportation, Energy, and Homeland Security;
the Office of the Director of National Intelligence; the Environmental Pro-
tection Agency; the National Aeronautics and Space Administration; the
National Science Foundation; the Arctic Research Commission; and the
Office of Management and Budget; the Assistant to the President for Public
Engagement and Intergovernmental Affairs, or his or her designee; and
other agencies or offices as determined appropriate by the Chair.
(c) Administration.
(i) The Director of the Office of Science and Technology Policy, or his
or her designee, shall be the Chair of the Executive Steering Committee.
The Assistant to the President for National Security Affairs, or his or
her designee, shall be the Vice Chair. Under the leadership of the Chair,
the Steering Committee will meet quarterly, or as appropriate, to shape
priorities, establish strategic direction, oversee implementation, and ensure
coordination of Federal activities in the Arctic.
(ii) The Steering Committee shall coordinate with existing working groups
established by Executive Order or statute.
(iii) As appropriate, the Chair of the Steering Committee may establish
subcommittees and working groups, consisting of representatives from
relevant agencies, to focus on specific key issues and assist in carrying
out its responsibilities.
(iv) Agencies shall provide administrative support and additional resources,
as appropriate, to support their participation in the Steering Committee
to the extent permitted by law and within existing appropriations. Each
agency shall bear its own expenses for supporting its participation in
the Steering Committee and associated working groups.
(v) Each member of the Steering Committee shall provide the Executive
Officer with a single point of contact for coordinating efforts with inter-
agency partners, collaborating with State, local, and Alaska Native tribal
governments and similar Alaska Native organizations, and assisting in
carrying out the functions and duties assigned by the Steering Committee.
Sec. 3. Responsibilities of the Arctic Executive Steering Committee. The
Steering Committee, in coordination with the heads of relevant agencies
and under the direction of the Chair, shall:
(a) provide guidance and coordinate efforts to implement the priorities,
objectives, activities, and responsibilities identified in National Security Pres-
idential Directive 66/Homeland Security Presidential Directive 25, Arctic
Region Policy, the National Strategy for the Arctic Region and its Implementa-
tion Plan, and related agency plans;
(b) provide guidance on prioritizing Federal activities, consistent with
agency authorities, while the United States is Chair of the Arctic Council,
including, where appropriate, recommendations for resources to use in car-
rying out those activities; and
(c) establish a working group to provide a report to the Steering Committee
by May 1, 2015, that:
(i) identifies potential areas of overlap between and within agencies with
respect to implementation of Arctic policy and strategic priorities and
provides recommendations to increase coordination and reduce any dupli-
cation of effort, which may include ways to increase the effectiveness
of existing groups; and
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(ii) provides recommendations to address any potential gaps in implemen-
tation.
Sec. 4. Duties of the Executive Officer. The Executive Officer shall be respon-
sible for facilitating interagency coordination efforts related to implementing
the guidance and strategic priorities developed by the Steering Committee.
The Executive Officer shall coordinate with the Chair and the Special Advisor
on Arctic Science and Policy at the Department of State to provide regular
reports to the Steering Committee on agency implementation and planning
efforts for the Arctic region.
Sec. 5. Engagement with the State of Alaska, Alaska Native Tribal Govern-
ments, as well as other United States Stakeholders. It is in the best interest
of the Nation for the Federal Government to maximize transparency and
promote collaboration where possible with the State of Alaska, Alaska Native
tribal governments and similar Alaska Native organizations, and local, pri-
vate-sector, and nonprofit-sector stakeholders. To facilitate consultation and
partnerships with the State of Alaska and Alaska Native tribal governments
and similar Alaska Native organizations, the Steering Committee shall:
(a) develop a process to improve coordination and the sharing of informa-
tion and knowledge among Federal, State, local, and Alaska Native tribal
governments and similar Alaska Native organizations, and private-sector
and nonprofit-sector groups on Arctic issues;
(b) establish a process to ensure tribal consultation and collaboration,
consistent with my memorandum of November 5, 2009 (Tribal Consultation).
This process shall ensure meaningful consultation and collaboration with
Alaska Native tribal governments and similar Alaska Native organizations
in the development of Federal policies that have Alaska Native implications,
as applicable, and provide feedback and recommendations to the Steering
Committee;
(c) identify an appropriate Federal entity to be the point of contact for
Arctic matters with the State of Alaska and with Alaska Native tribal govern-
ments and similar Alaska Native organizations to support collaboration and
communication; and
(d) invite members of State, local, and Alaska Native tribal governments
and similar Alaska Native organizations, and academic and research institu-
tions to consult on issues or participate in discussions, as appropriate and
consistent with applicable law.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
January 21, 2015.
[FR Doc. 2015–01522
Filed 1–23–15; 11:15 am]
Billing code 3295–F5
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| Enhancing Coordination of National Efforts in the Arctic | 2015-01-21T00:00:00 | e8aa197e11352cb72245b77a4826ddeb457a10a558c27630839f6a030157029c |
Presidential Executive Order | 2014-29121 (13682) | Presidential Documents
73459
Federal Register
Vol. 79, No. 237
Wednesday, December 10, 2014
Title 3—
The President
Executive Order 13682 of December 5, 2014
Closing of Executive Departments and Agencies of the Fed-
eral Government on Friday, December 26, 2014
By the authority vested in me as President of the United States of America,
by the Constitution and the laws of the United States, 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, 2014, 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, 2014, for reasons of national security, defense, or other
public need.
Sec. 3. Friday, December 26, 2014, shall be considered as falling within
the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C.
5546 and 6103(b) and other similar statutes insofar as they relate to the
pay and leave of employees of the United States.
Sec. 4. The Director of the Office of Personnel Management shall take
such actions as may be necessary to implement this order.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Presidential Documents
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
December 5, 2014.
[FR Doc. 2014–29121
Filed 12–9–14; 11:15 am]
Billing code 3295–F5
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Presidential Executive Order | 2014-25439 (13681) | Presidential Documents
63491
Federal Register
Vol. 79, No. 205
Thursday, October 23, 2014
Title 3—
The President
Executive Order 13681 of October 17, 2014
Improving the Security of Consumer Financial Transactions
Given that identity crimes, including credit, debit, and other payment card
fraud, continue to be a risk to U.S. economic activity, and given the economic
consequences of data breaches, the United States must take further action
to enhance the security of data in the financial marketplace. While the
U.S. Government’s credit, debit, and other payment card programs already
include protections against fraud, the Government must further strengthen
the security of consumer data and encourage the adoption of enhanced
safeguards nationwide in a manner that protects privacy and confidentiality
while maintaining an efficient and innovative financial system.
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to improve the security
of consumer financial transactions in both the private and public sectors,
it is hereby ordered as follows:
Section 1. Secure Government Payments. In order to strengthen data security
and thereby better protect citizens doing business with the Government,
executive departments and agencies (agencies) shall, as soon as possible,
transition payment processing terminals and credit, debit, and other payment
cards to employ enhanced security features, including chip-and-PIN tech-
nology. In determining enhanced security features to employ, agencies shall
consider relevant voluntary consensus standards and specifications, as appro-
priate, consistent with the National Technology Transfer and Advancement
Act of 1995 and Office of Management and Budget Circular A–119.
(a) The Secretary of the Treasury shall take necessary steps to ensure
that payment processing terminals acquired by agencies through the Depart-
ment of the Treasury or through alternative means authorized by the Depart-
ment of the Treasury have enhanced security features. No later than January
1, 2015, all new payment processing terminals acquired in these ways shall
include hardware necessary to support such enhanced security features.
By January 1, 2015, the Department of the Treasury shall develop a plan
for agencies to install enabling software that supports enhanced security
features.
(b) The Administrator of General Services shall take necessary steps to
ensure that credit, debit, and other payment cards provided through General
Services Administration (GSA) contracts have enhanced security features,
and shall begin replacing credit, debit, and other payment cards without
enhanced security features no later than January 1, 2015.
(c) The Secretary of the Treasury shall take necessary steps to ensure
that Direct Express prepaid debit cards for administering Government benefits
have enhanced security features, and by January 1, 2015, the Department
of the Treasury shall develop a plan for the replacement of Direct Express
prepaid debit cards without enhanced security features.
(d) By January 1, 2015, other agencies with credit, debit, and other payment
card programs shall provide to the Office of Management and Budget (OMB)
plans for ensuring that their credit, debit, and other payment cards have
enhanced security features.
(e) Nothing in this order shall be construed to preclude agencies from
adopting additional standards or upgrading to more effective technology
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and standards to improve the security of consumer financial transactions
as technologies and threats evolve.
Sec. 2. Improved Identity Theft Remediation. To reduce the burden on
consumers who have been victims of identity theft, including by substantially
reducing the amount of time necessary for a consumer to remediate typical
incidents:
(a) by February 15, 2015, the Attorney General, in coordination with
the Secretary of Homeland Security, shall issue guidance to promote regular
submissions, as appropriate and permitted by law, by Federal law enforce-
ment agencies of compromised credentials to the National Cyber-Forensics
and Training Alliance’s Internet Fraud Alert System;
(b) the Department of Justice, the Department of Commerce, and the Social
Security Administration shall identify all publicly available agency resources
for victims of identity theft, and shall provide to the Federal Trade Commis-
sion (FTC) information about such resources no later than March 15, 2015,
with updates thereafter as necessary. These agencies shall work in consulta-
tion with the FTC to streamline these resources and consolidate them wher-
ever possible at the FTC’s public Web site, IdentityTheft.gov; and
(c) OMB and GSA shall assist the FTC in enhancing the functionality
of IdentityTheft.gov, including by coordinating with the credit bureaus to
streamline the reporting and remediation process with credit bureaus’ systems
to the extent feasible, and in making the enhanced site available to the
public by May 15, 2015.
Sec. 3. Securing Federal Transactions Online. To help ensure that sensitive
data are shared only with the appropriate person or people, within 90
days of the date of this order, the National Security Council staff, the
Office of Science and Technology Policy, and OMB shall present to the
President a plan, consistent with the guidance set forth in the 2011 National
Strategy for Trusted Identities in Cyberspace, to ensure that all agencies
making personal data accessible to citizens through digital applications re-
quire the use of multiple factors of authentication and an effective identity
proofing process, as appropriate. Within 18 months of the date of this
order, relevant agencies shall complete any required implementation steps
set forth in the plan prepared pursuant to this section.
Sec. 4. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency,
or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, admin-
istrative, or legislative proposals.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
October 17, 2014.
[FR Doc. 2014–25439
Filed 10–22–14; 11:15 am]
Billing code 3295–F5
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| Improving the Security of Consumer Financial Transactions | 2014-10-17T00:00:00 | 4ca0ecf4f18dc8266795fb646744c81220b06926c6447aecebe0711b15f0156b |
Presidential Executive Order | 2014-24851 (13679) | Presidential Documents
62323
Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Presidential Documents
Executive Order 13679 of October 10, 2014
Establishing an Emergency Board To Investigate a Dispute
Between the Southeastern Pennsylvania Transportation Au-
thority and Its Locomotive Engineers Represented by the
Brotherhood of Locomotive Engineers and Trainmen
A dispute exists between the Southeastern Pennsylvania Transportation Au-
thority (SEPTA) and its Locomotive Engineers represented by the Brotherhood
of Locomotive Engineers and Trainmen (BLET).
The dispute has not heretofore been adjusted under the provisions of the
Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA).
A first emergency board to investigate and report on this dispute and disputes
involving other SEPTA employees represented by other labor organizations
was established on June 15, 2014, by Executive Order 13670 of June 14,
2014. The emergency board terminated upon issuance of its report. Subse-
quently, its recommendations were not accepted by the parties to this dispute.
A party empowered by the RLA has requested that the President establish
a second emergency board pursuant to section 9A of the RLA (45 U.S.C.
159a).
Section 9A(e) of the RLA provides that the President, upon such request,
shall appoint an emergency board to investigate and report on the dispute.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the RLA, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board). There is established,
effective 12:01 a.m. eastern daylight time on October 13, 2014, a Board
of three members to be appointed by the President to investigate and report
on this dispute. No member shall be pecuniarily or otherwise interested
in any organization of railroad employees or any carrier. The Board shall
perform its functions subject to the availability of funds.
Sec. 2. Report. Within 30 days after the creation of the Board, the parties
to the dispute shall submit to the Board final offers for settlement of the
dispute. Within 30 days after the submission of final offers for settlement
of the dispute, the Board shall submit a report to the President setting
forth its selection of the most reasonable offer.
Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the RLA,
from the time a request to establish a second emergency board is made
until 60 days after the Board submits its report to the President, no change
in the conditions out of which the dispute arose shall be made by the
parties to the controversy, except by agreement of the parties.
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Sec. 4. Records Maintenance. The records and files of the Board are records
of the Office of the President and upon the Board’s termination shall be
maintained in the physical custody of the National Mediation Board.
Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
THE WHITE HOUSE,
October 10, 2014.
[FR Doc. 2014–24851
Filed 10–16–14; 8:45 am]
Billing code 3295–F5
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| Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen | 2014-10-10T00:00:00 | a51b4320bc37a52e48aeada2908e338442fb9c6bfbc6c0a5cfcb4c0833a3f0fe |
Presidential Executive Order | 2014-25292 (13680) | Presidential Documents
63287
Federal Register
Vol. 79, No. 205
Thursday, October 23, 2014
Title 3—
The President
Executive Order 13680 of October 16, 2014
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 Operation United Assistance, which is providing support to
civilian-led humanitarian assistance and consequence management support
related to the Ebola virus disease outbreak in West Africa. In furtherance
of this operation, 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 pre-
scribed 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,
October 16, 2014.
[FR Doc. 2014–25292
Filed 10–22–14; 8:45 am]
Billing code 3295–F5
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Presidential Executive Order | 2014-24218 (13678) | Presidential Documents
60949
Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Presidential Documents
Executive Order 13678 of October 3, 2014
Conversion Authority for Criminal Investigators (Special
Agents) of the Bureau of Alcohol, Tobacco, Firearms, and Ex-
plosives
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, and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Providing Conversion Authority. I find that conditions of good
administration (specifically, the need to make the Bureau of Alcohol, To-
bacco, Firearms, and Explosives, Department of Justice (ATF), competitive
in recruiting high quality special agents by giving the ATF an authority
held by other Federal law enforcement agencies) make necessary an exception
to the competitive examination rules for appointment to certain positions
in the Federal civil service.
Criminal Investigators of the ATF, who have been appointed under Schedule
B, and who have completed 3 years of fully satisfactory service, may be
converted non-competitively to career appointments if they meet qualifica-
tions and other requirements established by the Director of the Office of
Personnel Management.
Sec. 2. Implementation. The Director of the Office of Personnel Management
shall prescribe such regulations as may be necessary to implement this
order.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
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(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 3, 2014.
[FR Doc. 2014–24218
Filed 10–7–14; 11:15 am]
Billing code 3295–F5
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| Conversion Authority for Criminal Investigators (Special Agents) of the Bureau of Alcohol, Tobacco, Firearms, and Explosives | 2014-10-03T00:00:00 | 519f6f8b1a73924357f74ae66643f0e6e61c91f1289757e26a965a41d74dbad7 |
Presidential Executive Order | 2014-22805 (13676) | Presidential Documents
56931
Federal Register / Vol. 184, No. 79 / Tuesday, September 23, 2014 / Presidential Documents
Executive Order 13676 of September 18, 2014
Combating Antibiotic-Resistant Bacteria
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby order as follows:
Section 1. Policy. The discovery of antibiotics in the early 20th century
fundamentally transformed human and veterinary medicine. Antibiotics save
millions of lives each year in the United States and around the world.
The rise of antibiotic-resistant bacteria, however, represents a serious threat
to public health and the economy. The Centers for Disease Control and
Prevention (CDC) in the Department of Health and Human Services (HHS)
estimates that annually at least two million illnesses and 23,000 deaths
are caused by antibiotic-resistant bacteria in the United States alone.
Detecting, preventing, and controlling antibiotic resistance requires a stra-
tegic, coordinated, and sustained effort. It also depends on the engagement
of governments, academia, industry, healthcare providers, the general public,
and the agricultural community, as well as international partners. Success
in this effort will require significant efforts to: minimize the emergence
of antibiotic-resistant bacteria; preserve the efficacy of new and existing
antibacterial drugs; advance research to develop improved methods for com-
bating antibiotic resistance and conducting antibiotic stewardship; strengthen
surveillance efforts in public health and agriculture; develop and promote
the use of new, rapid diagnostic technologies; accelerate scientific research
and facilitate the development of new antibacterial drugs, vaccines,
diagnostics, and other novel therapeutics; maximize the dissemination of
the most up-to-date information on the appropriate and proper use of anti-
biotics to the general public and healthcare providers; work with the pharma-
ceutical industry to include information on the proper use of over-the-
counter and prescription antibiotic medications for humans and animals;
and improve international collaboration and capabilities for prevention, sur-
veillance, stewardship, basic research, and drug and diagnostics development.
The Federal Government will work domestically and internationally to detect,
prevent, and control illness and death related to antibiotic-resistant infections
by implementing measures that reduce the emergence and spread of anti-
biotic-resistant bacteria and help ensure the continued availability of effective
therapeutics for the treatment of bacterial infections.
Sec. 2. Oversight and Coordination. Combating antibiotic-resistant bacteria
is a national security priority. The National Security Council staff, in collabo-
ration with the Office of Science and Technology Policy, the Domestic
Policy Council, and the Office of Management and Budget, shall coordinate
the development and implementation of Federal Government policies to
combat antibiotic-resistant bacteria, including the activities, reports, and rec-
ommendations of the Task Force for Combating Antibiotic-Resistant Bacteria
established in section 3 of this order.
Sec. 3. Task Force for Combating Antibiotic-Resistant Bacteria. There is
hereby established the Task Force for Combating Antibiotic-Resistant Bacteria
(Task Force), to be co-chaired by the Secretaries of Defense, Agriculture,
and HHS.
(a) Membership. In addition to the Co-Chairs, the Task Force shall consist
of representatives from:
(i) the Department of State;
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(ii) the Department of Justice;
(iii) the Department of Veterans Affairs;
(iv) the Department of Homeland Security;
(v) the Environmental Protection Agency;
(vi) the United States Agency for International Development;
(vii) the Office of Management and Budget;
(viii) the Domestic Policy Council;
(ix) the National Security Council staff;
(x) the Office of Science and Technology Policy;
(xi) the National Science Foundation; and
(xii) such executive departments, agencies, or offices as the Co-Chairs
may designate.
Each executive department, agency, or office represented on the Task Force
(Task Force agency) shall designate an employee of the Federal Government
to perform the functions of the Task Force. In performing its functions,
the Task Force may make use of existing interagency task forces on antibiotic
resistance.
(b) Mission. The Task Force shall identify actions that will provide for
the facilitation and monitoring of implementation of this order and the
National Strategy for Combating Antibiotic-Resistant Bacteria (Strategy).
(c) Functions.
(i) By February 15, 2015, the Task Force shall submit a 5-year National
Action Plan (Action Plan) to the President that outlines specific actions
to be taken to implement the Strategy. The Action Plan shall include
goals, milestones, and metrics for measuring progress, as well as associated
timelines for implementation. The Action Plan shall address recommenda-
tions made by the President’s Council of Advisors on Science and Tech-
nology regarding combating antibiotic resistance.
(ii) Within 180 days of the release of the Action Plan and each year
thereafter, the Task Force shall provide the President with an update
on Federal Government actions to combat antibiotic resistance consistent
with this order, including progress made in implementing the Strategy
and Action Plan, plans for addressing any barriers preventing full imple-
mentation of the Strategy and Action Plan, and recommendations for
new or modified actions. Annual updates shall include specific goals,
milestones, and metrics for all proposed actions and recommendations.
The Task Force shall take Federal Government resources into consideration
when developing these proposed actions and recommendations.
(iii) In performing its functions, the Task Force shall review relevant
statutes, regulations, policies, and programs, and shall consult with relevant
domestic and international organizations and experts, as necessary.
(iv) The Task Force shall conduct an assessment of progress made towards
achieving the milestones and goals outlined in the Strategy in conjunction
with the Advisory Council established pursuant to section 4 of this order.
Sec. 4. Presidential Advisory Council on Combating Antibiotic-Resistant Bac-
teria. (a) The Secretary of HHS (Secretary), in consultation with the Secre-
taries of Defense and Agriculture, shall establish the Presidential Advisory
Council on Combating Antibiotic-Resistant Bacteria (Advisory Council). The
Advisory Council shall be composed of not more than 30 members to be
appointed or designated by the Secretary.
(b) The Secretary shall designate a chairperson from among the members
of the Advisory Council.
(c) The Advisory Council shall provide advice, information, and rec-
ommendations to the Secretary regarding programs and policies intended
to: preserve the effectiveness of antibiotics by optimizing their use; advance
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research to develop improved methods for combating antibiotic resistance
and conducting antibiotic stewardship; strengthen surveillance of antibiotic-
resistant bacterial infections; prevent the transmission of antibiotic-resistant
bacterial infections; advance the development of rapid point-of-care and
agricultural diagnostics; further research on new treatments for bacterial
infections; develop alternatives to antibiotics for agricultural purposes; maxi-
mize the dissemination of up-to-date information on the appropriate and
proper use of antibiotics to the general public and human and animal
healthcare providers; and improve international coordination of efforts to
combat antibiotic resistance. The Secretary shall provide the President with
all written reports created by the Advisory Council.
(d) Task Force agencies shall, to the extent permitted by law, provide
the Advisory Council with such information as it may require for purposes
of carrying out its functions.
(e) To the extent permitted by law, and subject to the availability of
appropriations, HHS shall provide the Advisory Council with such funds
and support as may be necessary for the performance of its functions.
Sec. 5. Improved Antibiotic Stewardship. (a) By the end of calendar year
2016, HHS shall review existing regulations and propose new regulations
or other actions, as appropriate, that require hospitals and other inpatient
healthcare delivery facilities to implement robust antibiotic stewardship pro-
grams that adhere to best practices, such as those identified by the CDC.
HHS shall also take steps to encourage other healthcare facilities, such
as ambulatory surgery centers and dialysis facilities, to adopt antibiotic
stewardship programs.
(b) Task Force agencies shall, as appropriate, define, promulgate, and
implement stewardship programs in other healthcare settings, including of-
fice-based practices, outpatient settings, emergency departments, and institu-
tional and long-term care facilities such as nursing homes, pharmacies,
and correctional facilities.
(c) By the end of calendar year 2016, the Department of Defense (DoD)
and the Department of Veterans Affairs (VA) shall review their existing
regulations and, as appropriate, propose new regulations and other actions
that require their hospitals and long-term care facilities to implement robust
antibiotic stewardship programs that adhere to best practices, such as those
defined by the CDC. DoD and the VA shall also take steps to encourage
their other healthcare facilities, such as ambulatory surgery centers and
outpatient clinics, to adopt antibiotic stewardship programs.
(d) Task Force agencies shall, as appropriate, monitor improvements in
antibiotic use through the National Healthcare Safety Network and other
systems.
(e) The Food and Drug Administration (FDA) in HHS, in coordination
with the Department of Agriculture (USDA), shall continue taking steps
to eliminate the use of medically important classes of antibiotics for growth
promotion purposes in food-producing animals.
(f) USDA, the Environmental Protection Agency (EPA), and FDA shall
strengthen coordination in common program areas, such as surveillance
of antibiotic use and resistance patterns in food-producing animals, inter-
species disease transmissibility, and research findings.
(g) DoD, HHS, and the VA shall review existing regulations and propose
new regulations and other actions, as appropriate, to standardize the collec-
tion and sharing of antibiotic resistance data across all their healthcare
settings.
Sec. 6. Strengthening National Surveillance Efforts for Resistant Bacteria.
(a) The Task Force shall ensure that the Action Plan includes procedures
for creating and integrating surveillance systems and laboratory networks
to provide timely, high-quality data across healthcare and agricultural set-
tings, including detailed genomic and other information, adequate to track
resistant bacteria across diverse settings. The network-integrated surveillance
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systems and laboratory networks shall include common information require-
ments, repositories for bacteria isolates and other samples, a curated genomic
database, rules for access to samples and scientific data, standards for elec-
tronic health record-based reporting, data transparency, budget coordination,
and international coordination.
(b) Task Force agencies shall, as appropriate, link data from Federal Govern-
ment sample isolate repositories for bacteria strains to an integrated surveil-
lance system, and, where feasible, the repositories shall enhance their sample
collections and further interoperable data systems with national surveillance
efforts.
(c) USDA, EPA, and FDA shall work together with stakeholders to monitor
and report on changes in antibiotic use in agriculture and their impact
on the environment.
(d) Task Force agencies shall, as appropriate, monitor antibiotic resistance
in healthcare settings through the National Healthcare Safety Network and
related systems.
Sec. 7. Preventing and Responding to Infections and Outbreaks with Anti-
biotic-Resistant Organisms. (a) Task Force agencies shall, as appropriate,
utilize the enhanced surveillance activities described in section 6 of this
order to prevent antibiotic-resistant infections by: actively identifying and
responding to antibiotic-resistant outbreaks; preventing outbreaks and trans-
mission of antibiotic-resistant infections in healthcare, community, and agri-
cultural settings through early detection and tracking of resistant organisms;
and identifying and evaluating additional strategies in the healthcare and
community settings for the effective prevention and control of antibiotic-
resistant infections.
(b) Task Force agencies shall take steps to implement the measures and
achieve the milestones outlined in the Strategy and Action Plan.
(c) DoD, HHS, and the VA shall review and, as appropriate, update their
hospital and long-term care infectious disease protocols for identifying, iso-
lating, and treating antibiotic-resistant bacterial infection cases.
Sec. 8. Promoting New and Next Generation Antibiotics and Diagnostics.
(a) As part of the Action Plan, the Task Force shall describe steps that
agencies can take to encourage the development of new and next-generation
antibacterial drugs, diagnostics, vaccines, and novel therapeutics for both
the public and agricultural sectors, including steps to develop infrastructure
for clinical trials and options for attracting greater private investment in
the development of new antibiotics and rapid point-of-care diagnostics. Task
Force agency efforts shall focus on addressing areas of unmet medical need
for individuals, including those antibiotic-resistant bacteria CDC has identi-
fied as public and agricultural health threats.
(b) Together with the countermeasures it develops for biodefense threats,
the Biomedical Advanced Research Development Authority in HHS shall
develop new and next-generation countermeasures that target antibiotic-re-
sistant bacteria that present a serious or urgent threat to public health.
(c) The Public Health Emergency Medical Countermeasures Enterprise
in HHS shall, as appropriate, coordinate with Task Force agencies’ efforts
to promote new and next-generation countermeasures to target antibiotic-
resistant bacteria that present a serious or urgent threat to public health.
Sec. 9. International Cooperation. Within 30 days of the date of this order,
the Secretaries of State, USDA, and HHS shall designate representatives
to engage in international action to combat antibiotic-resistant bacteria, in-
cluding the development of the World Health Organization (WHO) Global
Action Plan for Antimicrobial Resistance with the WHO, Member States,
and other relevant organizations. The Secretaries of State, USDA, and HHS
shall conduct a review of international collaboration activities and partner-
ships, and identify and pursue opportunities for enhanced prevention, sur-
veillance, research and development, and policy engagement. All Task Force
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agencies with research and development activities related to antibiotic resist-
ance shall, as appropriate, expand existing bilateral and multilateral scientific
cooperation and research pursuant to the Action Plan.
Sec. 10. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(d) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.) (the ‘‘Act’’), may apply to the Advisory Council, any functions of
the President under the Act, except for that of reporting to the Congress,
shall be performed by the Secretary in accordance with the guidelines issued
by the Administrator of General Services.
THE WHITE HOUSE,
September 18, 2014.
[FR Doc. 2014–22805
Filed 9–22–14; 11:15 am]
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| Combating Antibiotic-Resistant Bacteria | 2014-09-18T00:00:00 | d15e23c8da3b076ea58c6fdcd03299cce67d67f3259684db471d0a565e1fa50b |
Presidential Executive Order | 2016-22962 (13740) | Presidential Documents
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Executive Order 13740 of September 16, 2016
2016 Amendments to the Manual for Courts-Martial, United
States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946),
and in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order 12473 of April 13, 1984, as
amended, it is hereby ordered as follows:
Section 1. Part I, Part II, and Part IV of the Manual for Courts-Martial,
United States, are amended as described in the Annex attached and made
a part of this order.
Sec. 2. These amendments shall take effect as of the date of this order,
subject to the following:
(a) Nothing in these amendments shall be construed to make punishable
any act done or omitted prior to the effective date of this order that was
not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any
nonjudicial punishment proceedings, restraint, investigation, referral of
charges, trial in which arraignment occurred, or other action begun prior
to the effective date of this order, and any such nonjudicial punishment,
restraint, investigation, referral of charges, trial, or other action may proceed
in the same manner and with the same effect as if these amendments
had not been prescribed.
THE WHITE HOUSE,
September 16, 2016.
Billing code 3295–F6–P
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ANNEX
Section 1. Part I of the Manual for Courts-Martial, United
States, is amended as follows:
(a) Paragraph 4 is amended to read as follows:
"The Manual for Courts-Martial shall consist of this
Preamble, the Rules for Courts-Martial, the Military Rules of
Evidence, the Punitive Articles, and Nonjudicial Punishment
Procedures (Part I-V).
This Manual shall be applied consistent
with the purpose of military law.
The Department of Defense, in conjunction with the
Department of Homeland Security, publishes supplementary
materials to accompany the Manual for Courts-Martial.
These
materials consist of a Preface, a Table of Contents,
Discussions, Appendices, and an Index.
These supplementary
materials do not have the force of law.
The Manual shall be identified by the year in which it was
printed; for example, "Manual for Courts-Martial, United States
(20xx edition)."
Any amendments to the Manual made by Executive
Order shall be identified as "20xx" Amendments to the Manual for
Courts-Martial, United States, "20xx" being the year the
Executive Order was signed.
The Department of Defense Joint Service Committee (JSC) on
Military Justice reviews the Manual for Courts-Martial and
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proposes amendments to the Department of Defense (DoD) for
consideration by the President on an annual basis.
In
conducting its annual review, the JSC is guided by DoD Directive
5500.17, "Role and Responsibilities of the Joint Service
Committee (JSC) on Military Justice.n
DoD Directive 5500.17
includes provisions allowing public participation in the annual
review process.n
Sec. 2. Part II of the Manual for Courts-Martial, United States,
is amended as follows:
(a) R.C.M. 201(c) is amended to read as follows:
"(c) Contempt.
A judge detailed to a court-martial may
punish for contempt any person who uses any menacing word, sign,
or gesture in the presence of the judge during the proceedings
of the court-martial; disturbs the proceedings of the court-
martial by any riot or disorder; or willfully disobeys the
lawful writ, process, order, rule, decree, or command of the
court-martial.
The punishment may not exceed confinement for 30
days or a fine of $1,000, or both.n
(b) R.C.M. 307(c) (3) is amended to read as follows:
"(3) Specification.
A specification is a plain, concise, and
definite statement of the essential facts constituting the
offense charged.
A specification is sufficient if it alleges
every element of the charged offense expressly or by necessary
implication; however, specifications under Article 134 must
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expressly allege the terminal element.
Except for aggravating
factors under R.C.M 1003(d) and R.C.M. 1004, facts that increase
the maximum authorized punishment must be alleged in order to
permit the possible increased punishment.
No particular format
is required."
(c) R.C.M. 307(c) (4) is amended to read as follows:
"(4) Multiple offenses.
Charges and specifications
alleging all known offenses by an accused may be preferred at
the same time.
Each specification shall state only one offense.
What is substantially one transaction should not be made the
basis for an unreasonable multiplication of charges against one
person.
Unreasonable multiplication of charges is addressed in
R.C.M. 906(b) (12); multiplicity is addressed in R.C.M.
907(b) (3) (B); and punishment limitations are addressed in R.C.M.
1003 (c) (1) (C)."
(d) R.C.M. 701(e) is amended to read as follows:
"(e) Access to witnesses and evidence.
Each party shall have
adequate opportunity to prepare its case and equal opportunity
to interview witnesses and inspect evidence, subject to the
limitations in subsection (e) (1) of this rule.
No party may
unreasonably impede the access of another party to a witness or
evidence.
(1) Counsel for the Accused Interview of Victim of Alleged
Sex-Related Offense.
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(A) Upon notice by counsel for the Government to
counsel for the accused of the name of an alleged victim of a
sex-related offense whom counsel for the Government intends to
call to testify at a court-martial, counsel for the accused, or
that lawyer's representative, as defined in Mil. R. Evict.
502(b) (3), shall make any request to interview that victim
through the Special Victims' Counsel or other counsel for the
victim, if applicable.
(B) If requested by an alleged victim of a sex-related
offense who is subject to a request for interview under
subsection (e) (1) (A) of thi~ rule, any interview of the victim
by counsel for the accused, or that lawyer's representative, as
defined in Mil. R. Evict. 502(b) (3), shall take place only in the
presence of counsel for the Government, counsel for the victim,
or a sexual assault victim advocate.
(C) In this subsection, the term "sex-related offense"
means-
(i) a violation of Article 120, 120a, 120b, 120c,
or 125; or
(ii) an attempt to commit an offense specified in
subsection (e) (1) (C) (i) of this rule under Article 80."
(e) R.C.M. 703(a) is amended to read as follows:
"(a) In general.
The prosecution and defense and the court-
martial shall have equal opportunity to obtain witnesses and
4
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evidence, subject to the limitations set forth in R.C.M.
701(e) (1), including the benefit of compulsory process."
(f) R.C.M. 906(b) (12) is amended to read as follows:
"(12) Unreasonable multiplication of charges.
The military
judge may provide a remedy, as provided below, if he or she
finds there has been an unreasonable multiplication of charges
as applied to findings or sentence.
(i)
As applied to findings.
Charges that arise from
substantially the same transaction, while not legally
multiplicious, may still be unreasonably multiplied as applied
to findings.
When the military judge finds, in his or her
discretion, that the offenses have been unreasonably multiplied,
the appropriate remedy shall be dismissal of the lesser offenses
or merger of the offenses into one specification.
(ii) As applied to sentence.
Where the military judge
finds that the nature of t~e harm requires a remedy that focuses
more appropriately on punishment than on findings, he or she may
find that there is an unreasonable multiplication of charges as
applied to sentence.
If the military judge makes such a
finding, the maximum punishment for those offenses determined to
be unreasonably multiplied shall be the maximum authorized
punishment of the offense carrying the greatest maximum
punishment."
(g) R.C.M. 907(b) (3) is amended to read as follows:
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"(3) Permissible grounds.
A specification may be dismissed
upon timely motion by the accused if one of the following is
applicable:
(A) Defective.
When the specification is so defective
that it substantially misled the accused, and the military judge
finds that, in the interest of justice, trial s0ould proceed on
any remaining charges and specifications without undue delay; or
(B) Multiplicity.
When the specification is
multiplicious with another specification, is unnecessary to
enable the prosecution to meet the exigencies .of proof through
trial, review, and appellate action, and should be dismissed in
the interest of justice.
A charge is multiplicious if the proof
of such charge also proves every element of another charge."
(h) R.C.M. 916(b) (1) is amended to read as follows:
"(1) General rule.
Except as listed below in paragraphs
(2) and (3), the prosecution shall have the burden of proving
beyond a reasonable doubt that the defense did not exist."
(i) R.C.M. 916(b) (3) is amended to read as follows:
"(3) Mistake of fact as to age.
In the defense of mistake
of fact as to age as described in Article 120b(d) (2) in a
prosecution of a child sexual offense, the accused has the
burden of proving mistake of fact as to age by a preponderance
of the evidence."
(j) R.C.M. 916(b) (4)is deleted.
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(k) R.C.M. 916(j) (2) is amended to read as follows:
"(2) Child Sexual Offenses.
It is a defense to a prosecution
for Article 120b(b), sexual assault of a child, and Article
120b(c), sexual abuse of a child, that, at the time of the
offense, the accused reasonably believed that the child had
attained the age of 16 years, if the child had in fact attained
at least the age of 12 years.
The accused must prove this
defense by a preponderance of the evidence.u
(l) R.C.M. 916(j) (3) ·is deleted.
(m) R.C.M. 920(e) (5) (D) is amended to read as follows:
"(D) The burden of proof to establish the guilt of the
accused is upon the Government.
[When the issue of lack of
mental responsibility is raised, add:
The burden of proving the
defense of lack of mental responsibility by clear and convincing
evidence is ~pon the accused.
When the issue of mistake of fact
under R.C.M. 916(j) (2) is raised, add:
The accused has the
burden of proving the defense of mistake of fact as to age by a
preponderance of the evidence.]H
(n) R.C.M. 1003(c) (1) (C) is amended to read as follows:
"(C) Multiple Offenses. When the accused is found guilty of
two or more offenses, the maximum authorized punishment may be
imposed for each separate offense, unless the military judge
finds that the o~fenses are either multiplicious or unreasonably
multiplied.
7
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(i)
Multiplicity.
A charge is multiplicious and must
be dismissed if the proof of such charge also proves every
element of another charged offense.
(ii) Unreasonable Multiplication.
If the military
judge finds that there is an unreasonable multiplication of
charges as applied to sentence, the maximum punishment for those
offenses shall be the maximum authorized punishment for the
offense carrying the greatest maximum punishment.
The military
judge may either merge the offenses for sentencing, or dismiss
one or more of the charges."
(o) R.C.M. 1004(c) (7) (B) is amended to read as follows:
"(B) The murder was committed:
while the accused was
engaged in the commission or attempted commission of any
robbery, rape, rape of a child, sexual assault, sexual assault
of a child, aggravated sexual contact, sexual abuse of a child,
aggravated arson, forcible sodomy, burglary, kidnapping, mutiny,
sedition, or piracy of an aircraft or vessel; or while the
accused was engaged in the commission or attempted commission of
any offense involving the wrongful distribution, manufacture, or
introduction or possession, with intent to distribute, of a
controlled substance; or, while the accused was engaged in
flight or attempted flight after the commission or attempted
commission of any such offense."
(p) R.C.M. 1004(c) (8) is amended to read as follows:
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n(8) That only in the case of a violation of Article
118(4), the accused was the actual perpetrator of the killing or
was a principal whose participation in the burglary, forcible
sodomy, rape, rape of a child, sexual assault, sexual assault of
a child, aggravated sexual contact, sexual abuse of a child,
robbery, or aggravated arson was major and who manifested a
reckless indifference for human life."
(q) R.C.M. 1004(c) (9) is amended to read as follows:
n(9) That, in addition to the offense for which the accused
is eligible for the death penalty, the accused has also been
convicted of a sexual offense in which:
(A) Under Article 120b, the victim was under the age
of 12; or
(B) Under Articles 120 or 120b, the accused maimed or
attempted to kill the victim;"
Sec. 3. Part IV of the Manual for Courts-Martial, United States,
is amended as follows:
(a) In paragraphs 2, 4 through 59, 61-62, 64-86, 89, 91-100, and
102-113, the text of subparagraph d is uniformly amended by
deleting the existing language and inserting the following words
in its place:
"Lesser included offenses.
See paragraph 3 of this part
and Appendix 12A."
(b) Paragraph 3.b, Article 79, Conviction of lesser included
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offenses, is amended to read as follows:
"b. Explanation.
(1) In general.
A lesser offense is "necessarily included"
in a charged offense when the elements of the lesser offense are
a subset of the elements of the charged offense, thereby putting
the accused on notice to defend against the lesser offense in
addition to the offense specifically charged.
A lesser offense
may be "necessarily included" when:
(a) All of the elements of the lesser offense are included
in the greater offense, and the common elements are identical
(for example, larceny as a lesser included offense of robbery);
(b) All of the elements of the lesser offense are included
in the greater offense, but at least one element is a subset by
being legally less serious (for example, housebreaking as a
lesser included offense of burglary); or
(c) All of the eiements of the lesser offense are "included
and necessary" parts of the greater offense, but the mental
element is a subset by being legally less serious (for example,
wrongful appropriation as a lesser included offense of larceny) .
(2) Sua sponte duty.
A military judge must instruct panel
members on lesser included offenses reasonably raised by the
evidence.
(3) Multiple lesser included offenses.
When the offense
charged is a compound offense comprising two or more lesser
10
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included offenses, an accused may be found guilty of any or all
of the offenses included in the offense charged.
For example,
robbery includes both larceny and assault.
Therefore, in a
proper case, a court-martial may find an accused not guilty of
robbery, but guilty·of wrongful appropriation and assault.
(4} Findings of guilty to a lesser included offense.
A
court-martial may find an accused not guilty of the offense
charged, but guilty of a lesser included offense by the process
of exception and substitution.
The court-martial may except
(that is, delete} the words in the specification that pertain to
the offense charged and, if necessary, substitute language
appropriate to the lesser included offense.
For example,- the
accused is charged with murder in violation of Article 118, but
found guilty of voluntary manslaughter in violation of Article
119.
Such a finding may be worded as follows:
Of the Specification: Guilty, except the word "murder"
substituting therefor the words "willfully and unlawfully kill,"
of the excepted word, not guilty, of the substituted words,
guilty.
Of the Charge: ,Not guilty, but guilty of a violation
of Article 119.
If a court-martial finds an accused guilty of a lesser
included offense, the finding as to the charge shall state a
11
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violation of the specific punitive article violated and not a
violation of Article 79.
(5) Specific lesser included offenses.
Specific lesser
included offenses, if any, are listed for each offense in
Appendix 12A, but the list is merely guidance to practitioners,
is not all-inclusive, and is not binding on military courts."
(c) Paragraph 43.c. (5) (b), Article 118- Murder is amended to
insert "forcible" immediately before "sodomy".
(d) Paragraph 44.b. (2) (d), Article 119- Manslaughter is amended
to insert "forcible" immediately before "sodomy".
(e) Paragraph 45, Article 120 -
Rape and sexual assault
generally, is amended by deleting the following note:
"[Note: The subparagraphs that would normally address elements,
explanation, lesser included offenses, maximum punishments, and
sample specifications are generated under the President's
authority to prescribe rules pursuant to Article 36.
At the
time of publishing this MCM, the President had not prescribed
such rules for this version of Article 120.
Practitioners
should refer to the approp~iate statutory language and, to the
extent practicable, use Appendix 28 as a guide.]"
(f) Paragraph 45, Article 120 -
Rape and sexual assault
generally, is amended by inserting new subparagraph b
immediately after subparagraph a to read as follows:
"b. Elements.
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(1) Rape involving contact between penis and vulva or
anus or mouth.
(a) By unlawful force
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis; and
(ii) That the accused did so with unlawful
force.
(b) By force causing or likely to cause death or
grievous bodily harm
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis; and
(ii) That the accused did so by using force
causing or likely to cause death or grievous bodily harm to any
person.
(c) By threatening or placing that other person
in fear that any person would be subjected to death, grievous
bodily harm, or kidnapping
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis; and
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(ii) That the accused did so by threatening
or placing that other person in fear that any person would be
subjected to death, grievous bodily harm, or kidnapping.
(d) By first rendering that other person
unconscious
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis; and
(ii) That the accused did so by first
rendering that other person unconscious.
(e) By administering a drug, intoxicant, or other
.similar substance
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis; and
(ii) That the accused did so by
administering to that other person by force or threat of force,
or without the knowledge or permission of that person, a drug,
intoxicant, or other similar substance and thereby substantially
impairing the ability of that other person to appraise or
control conduct.
(2) Rape involving penetration of the vulva or anus or
mouth by any part of the body or any obje~t.
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(a)
By force
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth of another person by any part of the
body or by any object;
(ii) That the accused did so with unlawfui
force; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(b) By force causing or likely to cause death or
grievous bodily harm
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth of another per~on by any part of the
body or by any object;
(ii) That the accused did so by using force
causing or likely to cause death or grievous bodily harm to any
person; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
15
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(c) By threatening or placing that other person
in fear that any person would be subjected to death, grievous
bodily harm, or kidnapping
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth of another person by any part of the
body or by any object;
(ii) That the accused did so by threatening
or placing that other person in fear that any person would be
subjected to death, grievous bodily harm, or kidnapping; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(d) By first rendering that other person
unconscious
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth of another person by any part of the
body or by any object;
(ii) That the accused did so by first
rendering that other person unconscious; and
16
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(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(e) By administering a drug, intoxicant, or
other similar substance
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth of another person by any part of the
body or by any object;
(ii) That the accused did so by
administering to that other person by force or threat of force,
or without the knowledge or permission of that person, a drug,
intoxicant, or other similar substance and thereby substantially
impairing the ability of that other person to appraise or
control conduct; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(3) Sexual assault involving contact between penis and
vulva or anus or mouth.
(a) By threatening or placing that other person
in fear
17
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(i) That the accused committed a sexual act
upon another person by caus1ng penetration, however slight, of
the vulva or anus or mouth by the penis; and
(ii) That the accused did so by threatening
or placing that other person in fear.
(b) By causing bodily harm
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis; and
(ii) That the accused did so by causing
bodily harm to that other person.
(c) By fraudulent representation
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis; and
(ii) That the accused did so by making a
fraudulent representation that the sexual act served a
professional purpose.
(d) By false pretense
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis; and
18
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(ii) That the accused did so by inducing a
belief by any artifice, pretense, or concealment that the
accused is another person.
(e) Of a person who is asleep, unconscious, or
otherwise unaware the act is occurring
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis;
(ii) That the other person was asleep,
unconscious, or otherwise unaware that the sexual act was
occurring; and
(iii) That the accused knew or reasonably
should have known that the other person was asleep, unconscious,
or otherwise unaware that the sexual act was occurring.
(f) When the other person is incapable of
consenting
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by the penis;
(ii) That the other person was incapable of
consenting to the sexual act due to:
(A) Impairment by any drug, intoxicant
or other similar substance; or
19
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(B) A mental disease or defect, or
physical disability; and
(iii) That the accused knew or reasonably
should have known of the impairment, mental disease or defect,
or physical disability of the other person.
(4) Sexual assault involving penetration of the vulva
or anus or mouth by any part of the body or any object.
(a) By threatening or placing that other person
in fear
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by any part of the body or by any
object;
(ii) That the accused did so by threatening
or placing that other person in fear; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(b) By causing bodily harm
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by any part of the body or by any
object;
20
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(ii) That the accused ditl so by causing
bodily harm to that other person; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(c) By fraudulent representation
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by any part of the body or by any
object;
(ii) That the accused did so by making a
fraudulent representation that the sexual act served a
professional purpose when it served no professional purpose; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(d) By false pretense
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by any part of the body or by any
object;
21
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(ii) That the accused did so by inducing a
belief by any artifice, pretense, or concealment that the
accused is another person; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(e) Of a person who is asleep, unconscious, or
otherwise unaware the act is occurring
(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by any part of the body or by any
object;
(ii) That the other person was asleep,
unconscious, or otherwise unaware that the sexual act was
occurring;
(iii) That the accused knew or reasonably
should have known that the other person was asleep, unconscious,
or otherwise unaware that the sexual act was occurring.
(iv) That the accused did so with an intent
to abuse·, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(f) When the other person is incapable of consenting
22
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(i) That the accused committed a sexual act
upon another person by causing penetration, however slight, of
the vulva or anus or mouth by any part of the body or by any
object;
(ii) That the other person was incapable of
consenting to the sexual act due to:
(A) Impairment by any drug, intoxicant
or other similar substance; or
(B) A mental disease or defect, or
physical disability;
(iii) That the accused knew or reasonably
should have known of the impairment, mental disease or defect,
or physical disability of the other person; and
(iv) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
(5) Aggravated sexual contact involving the touching
of the genitalia, anus, groin, breast, inner thigh, or buttocks
of any person.
(a) By force
(i) That the accused committed sexual
contact upon another person by touching, or c~using another
person to touch, either directly or through the clothing, the
23
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genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the accused did so with unlawful
force; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(b) By force causing or likely to cause death or
grievous bodily harm
(i) That the accused committed sexual
contact upon another person by touching, or causi~g another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the accused did so by using force
causing or likely to cause death or grievous bodily harm to any
person; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(c) By threatening or placing that other person
in fear that any person would be subjected to death, grievous
bodily harm, or kidnapping
24
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(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the accused did so by threatening
or placing that other person in fear that any person would be
subjected to death, grievous bodily harm, or kidnappin~; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(d) By first rendering that other person
unconscious
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the accused did so by first
rendering that other person unconscious; and
(iii) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
25
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(e) By administering a drug, intoxicant, or
other similar substance
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the accused did so by
administering to that other person by force or threat of force,
or without the knowledge or permission of that person, a drug,
intoxicant, or other similar substance and thereby substantially
impairing the ability of that other person to appraise or
control conduct; and
(iii) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
(6) Aggravated sexual contact involving the touching
of any.body part of any person.
(a) By force
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
26
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(ii) That the accused did so with unlawful
force; and
(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(b) By force causing or likely to cause death or
grievous bodily harm
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the accused did so by using force
causing or likely to cause death or grievous bodily harm to any
person; and
(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(c) By threatening or placing that other person
in fear that any person would be subjected to death, grievous
bodily harm, or kidnapping
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the accused did so by threatening
or placing that other person in fear that any person would be
subjected to death, grievous bodily harm, or kidnapping; and ,
27
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(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(d) By first rendering that other person
unconscious
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the accused did so by first
rendering that other person unconscious; and
(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(e) By administering a drug, intoxicant, or other
similar substance
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the accused did so by
administering to that other person by force or threat of force,
or without the knowledge or permission of that person, a drug,
intoxicant, or other similar substance and thereby substantially
impairing the ability of that other person to appraise or
control conduct; and
28
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(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(7) Abusive sexual contact involving the touching of
the genitalia, anus, groin, breast, inner thigh, or buttocks of
any person.
(a) By threatening or placing that other person
in fear
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the accused did so by threatening
or placing that other person in fear; and
(iii) That the accused did so with intent to_
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
(b) By causing bodily harm
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
29
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(ii) That the accused did so by causing
bodily harm to that other person; and
(iii) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
(c) By fraudulent representation
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the accused did so by making a
fraudulent representation that the sexual act served a
professional purpose; and
(iii) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
(d) By false pretense
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
30
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(ii) That the accused did so by inducing a
belief by any artifice, pretense, or concealment that the
accused is another person; and
(iii) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
(e) Of a person who is asleep, unconscious, or
otherwise unaware the act is occurring
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the other person was asleep,
unconscious, or otherwise unaware that the sexual act was
occurring;
(iii) That the accused knew or reasonably
should have known that the other person was asleep, unconscious,
or otherwise unaware that the sexual act was occurring; and
(iv) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
31
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(f) When the other person is incapable of
consenting
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh, or buttocks of any
person;
(ii) That the other person was incapable of
consenting to the sexual act due to:
(A) Impairment by any drug, intoxicant
or other similar substance; or
(B) A mental disease or defect, or
physical disability;
(iii) That the accused knew or reasonably
should have known of the impairment, mental disease or defect,
or physical disability of the other person; and
(iv) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
(8) Abusive sexual contact involving the touching of
any body part of any person.
(a) By threatening or placing that other person
in fear
32
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(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the accused did so by threatening
or placing that other person in fear; and
(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(b) By causing bodily harm
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the accused did so by causing
bodily harm to that other person; and
(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(c) By fraudulent representation
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the accused did so by making a
fraudulent representation that the sexual act served a
professional purpose when it served no professional purpose; and
33
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(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(d) By false pretense
(i) That the accused committed sexual
contact. upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the accused did so by inducing a
·belief by any artifice, pretense, or concealment that the
accused is another person; and
(iii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(e) Of a person who is asleep, unconscious, or
otherwise unaware the act is occurring
(i)
That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the other person was asleep,
unconscious, or otherwise unaware that the sexual act was
occurring;
(iii) That the accused knew or reasonably
should have known that the other person was asleep, unconscious,
or otherwise unaware that the sexual act was occurring; and
34
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(iv) That the accused did so with intent to
arous€ or gratify the sexual desire of any person.
(f) When the other person is incapable of
consenting
(i) That the accused committed sexual
contact upon another person by touching, or causing another
person to touch, any body part of any person;
(ii) That the other person was incapable of
consenting to the sexual act due to:
(A) Impairment by any drug, intoxicant,
or other similar substance; or
(B) A mental disease or defect, or
physical disability;
(iii) That the accused knew or reasonably
should have known of the impairment, mental disease or defect,
or physical disability of the other person; and
(iv) That the accused did so with intent to
arouse or gratify the sexual desire of any person."
(g) Paragraph 45, Article 120 -
Rape and sexual assault
generally, is amended by inserting new subparagraph c
immediately after subparagraph b to read as follows:
"c. Explanation.
35
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(1) In general.
Sexual offenses have been separated
into three statutes:
adults (120), children (120b), and other
offenses (120c).
(2) Definitions.
The terms are defined in Paragraph
45.a.(g).
(3) Victim character and privilege. ,_See Mil. R. Evid.
412 concerning rules of evidence relating to the character of
the victim of an alle~ed sexual offense.
See Mil. R. Evid. 514
concerning rules of evidence relating to privileged
communications between the victim and victim advocate.
(4) Consent as an element.
Lack of consent is not an
element of any offense under this par'agraph unl~ss expressly
stated.
Consent may be relevant for other purposes."
(h) Paragraph 45, Article 120 -
Rape and sexual assault
generally, is amended by inserting new subparagraph d
immediately after subparagraph c to read as follows:
"d. Lesser included offenses.
See paragraph 3 of this part
and Appendix 12A."
(i) Paragraph 45, Article 120 -
Rape and sexual assault
generally, subparagraph e is amended to read as follows:
"e. Maximum punishments.
36
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(1) Rape.
Forfeiture of all pay and allowances and
confinement for life without eligibility for parole.
Mandatory
minimum -
Dismissal or dishonorable discharge.
(2) Sexual assault.
Forfeiture of all pay and
allowances, and confinement for 30 years.
Mandatory minimum -
Dismissal or dishonorable discharge.
(3) Aggravated sexual contact. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 20
years.
(4) Abusive sexual contact.
Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 7
years."
(j) Paragraph 45, Article 120 -
Rape and sexual assault
generally, is amended by inserting new subparagraph f
immediately after subparagraph e to read as follows:
"f. Sample specifications.
(1) Rape involving contact between penis and vulva or
anus or mouth.
(a) By force.
In that (personal jurisdiction
data), did (at/on board location), on or about
, commit a
---
sexual act upon
by causing penetration of
's (vulva) (anus) (mouth) with
---~--
_____
's penis, by
using unlawful force.
37
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(b) By force causing or likely to cause death or
grievous bodily harm.
In that (personal jurisdiction data), did
(at/on board location), on or about ____
_ 20
, commit a sexual
act upon
by causing penetration of ________
' s
(vulva) (anus) (mouth) with _____
's penis, by using force
likely to cause death or grievous bodily harm to
wit:
________
, to
(c) By threatening or placing. that other person
in fear that any person would be subjected to death, grievous
bodily harm, or kidnapping.
In that (personal jurisdiction
data), did (at/on board location), on or about
20
commit a sexual act upon
by causing penetration of
_____
's (vulva) (anus)
(mouth) with _____
's penis, by
(threatening
(placing
in fear) that
would be subjected to (death) (grievous bodily
harm) (kidnapping) .
(d) By first rendering that other person
unconscious.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
, commit a sexual act
upon
by causing penetration of _______
's (vulva)
(anus) (mouth) with _____
's penis, by first rendering
unconscious by _____________
_
(e) By administering a drug, intoxicant, or other
similar substance.
In that (personal jurisdiction data), did
38
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(at/on board location), on or about
20
, commit a sexual
act upon
by causing penetration of
' s
------
(vulva) (anus) (mouth) with ______
's penis, by administering
to
(by force) (by threat of force) (without the
knowledge or permission of
(list oth~r similar substance), to wit:
substantially impairing the ability of
or control his/her conduct.
a (drug) (intoxicant)
______
, thereby
to appraise
(2) Rape involving penetration of genital opening by
any part of the body or any object.
(a) By force.
In that (personal jurisdiction
data), did (at/on board location), on or about
20
, commit
a sexual act upon
(mouth) of
______
, by penetrating the (vulva) (anus)
with (list body part or object) by using
unlawful force, with an intent to (abuse) (humiliate) (harass)
(degrade) (arouse/gratify the sexual desire of)
(b) By force causing or likely to cause death or
grievous bodily injury.
In that (personal jurisdiction data),
did (at/on board location), on or about
20
, commit a
sexual act upon _______
, by penetrating the (vulva) (anus)
(mouth) of
with (list body part or object) by using
force likely to cause death or grievous bodily harm to
to wit: ___________
, with an intent to (abuse) (humiliate)
39
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(harass) (degrade) (arouse/gratify the sexual desire of)
(c) By threatening or placing that other person
in fear that any person would be subjected to death, grievous
bodily harm, or kidnapping.
In that (personal jurisdiction
data), did (at/on board location), on or about
20
, commit
a sexual act upon _________
, by penetrating the (vulva) (anus)
(mouth) of
with (list body part or object) by
(threatening ____
__
(placing
in fear) that
would be subjected to (death) (grievous bodily harm)
(kidnapping), with an intent to (abuse) (humiliate) (harass)
(degrade) (arouse/gratify the sexual desire of)
(d) By first rendering that other person
unconscious.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
, commit a sexual act upon
________
, by penetrating the (vulva) (anus) (mouth) of
with (list body part or object) by first rendering
unconscious, with an intent to (abuse) (humiliate) (harass)
(degrade) (arouse/gratify the sexual desire of)
(e) By administering a drug, intoxicant, or other
similar substance.
In that (personal jurisdiction data), did
(at/on board location), on or about
20
, commit a sexual
act upon _________
, by penetrating the (vulva) (anus) (mouth) of
with (list body part or object) by administering to
40
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(by force) (by threat of force) (without the
knowledge or permission of
a (drug) (intoxicant)
(list other similar substance), to wit:
substantially impairing the ability of
_________
, thereby
to appraise
or control his/her conduct, with an intent to (abuse)
(humiliate) (harass) (degrade) (arouse/gratify the sexual desire
of)
(3) Sexual assault involving contact between penis and
vulva or anus or mouth.
(a) By threatening or placing that other person
in fear.
In that (personal jurisdiction data), did (at/on board
location), on or about
20
, commit a sexual act upon
, by causing penetration of
's (vulva) (anus)
---------
--------
(mouth) with ________
's penis, by (threatening _______
_
(placing ________
_ in fear) .
(b) By causing bodily harm.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
of
commit a sexual act upon
, by causing penetration
--------
_________
's (vulva) (anus) (mouth) with --------'s penis by
causing bodily harm to _________
, to wit:
(c) By fraudulent representation.
In that
(personal jurisdiction data), did (at/on board location), on or
about
20
, commit a sexual act upon -----------
I by
41
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causing penetration of _________ 's (vulva) (anus)
(mouth) with
__________
's penis by making a fraudulent representation that the
sexual act served a professional purpose, to wit:
(d) By false pretense.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, commit a sexual act upon ___________
, by causing
penetration of _________
's (vulva) (anus) (mouth) with
__________
's penis by inducing a belief by (artifice) (pretense)
(concealment) that the said accused was another person.
(e) Of a person who is asleep, unconscious, or
otherwise unaware the act is occurring.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
commit a sexual act upon __________
, by causing
penetration of __________
's (vulva) (anus)
(mouth) with
's penis when he/she knew or reasonably should have
---------
known that
was (asleep) (unconscious) (unaware the
sexual act was occurring due to ____
).
(f) When the other person is incapable of
consenting.
In that (personal jurisdictiQn data), did (at/on
board location), on or about
20
, commit a sexual act
upon __________
, by causing penetration of ___________
's (vulva)
(anus) (mouth) with ________ 's penis, when ________
__ was
incapable of consenting to the sexual act because he/she [was
impaired by (a drug, to wit:
(an intoxicant, to wit:
42
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) ] [had a (mental disease, to wit:
(mental defect, to wit:
(physical disability, to wit:
-----)], a condition that was known or reasonably should
have been known by the said accused.
(4) Sexual assault involving penetration of vulva or
anus or mouth by any part of the body or any object.
(a) By threatening or placing that other person
in fear.
In that (personal jurisdiction data), did (at/on board
location), on or about
20
I
, commit a sexual act upon
-----, by penetrating the (vulva) (anus) (mouth) of
with (list body part or object), by (threatening
----~.) (placing __________
_ in fear), with an intent to
(abuse) (humiliate). (harass) (degrade) (arouse) (gratify the
sexual desire of)
(b) By causing bodily harm.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, commit a sexual act upon
, by penetrating the
-----------
(vulva) (anus)
(mouth) of
with (list body part or
object), by causing bodily harm to
, to wit:
-----
------
with an intent to (abuse) (humiliate) (harass) (degrade)
(arouse) (gratify the sexual desire of)
(c) By fraudulent representation.
In that
(personal jurisdiction data), did (at/on board location), on or
43
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about
20
, commit a sexual act upon ------' by
penetrating the (vulva) (anus)
(mouth) of
(list body part or object), by making a fraudulent
representation that the sexual act served a professional
purpose, to wit: ------, with an intent to (abuse)
with
(humiliate) (harass) (degrade) (arouse) (gratify the sexual
desire of)
(d) By false pretense.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, commit a sexual act upon ______
, by penetrating the
(vulva) (anus) (mouth) of
with (list body part or
object), by inducing a belief by (artifice) (pretense)
(concealment) that the said accused was another person, with an
intent to (abuse) (humiliate) (harass) (degrade) (arouse)
(gratify the sexual desire of)
(e) Of a person who is asleep, unconscious, or
otherwise unaware the act is occurring.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, commit a sexual act upon
the (vulva) (anus) (mouth) of
______
, by penetrating
_____________ with (list body part
or object), when he/she knew or reasonably should have known
that
was (asleep) (unconscious) (unaware the sexual
act was occurring due to ----,----), with an intent to (abuse)
44
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(humiliate) (harass) (degrade) (arouse) (gratify the sexual
desire of)
(f) When the other person is incapable of
consenting.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
, commit a sexual act upon
, by penetiating the (vulva) (anus) (mouth) of
------
--------------with (list body part or object), when
was incapable of consenting to the sexual act
because he/she [was impaired by (a drug, to wit:
(an
intoxicant, to wit:
)] [had a (mental disease, to
wit:
(mental defect, to wit:
(physical
disability, to wit: ______
)], a condition that was known or
reasonably should have been known by the said accused, with an
intent to (abuse) (humiliate) (harass) (degrade) (arouse)
(gratify the sexual desire of)
(5) Aggravated sexual contact involving the touching
of the genitalia, anus, groin, breast, inner thigh, or buttocks
of any person.
(a) By force.
In that (personal jurisdiction
data), did (at/on board location), on or about
20
[(touch) (cause
to touch)] [(directly) (through the
clothing)] the (genitalia) (anus) (groin) (breast) (inner thigh)
(buttocks) of ------,-, by using unlawful force, with an intent
45
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to (abuse} (humiliate} (degrade} (arouse} (gratify the sexual
desire of}
(b) By force causing or likely to cause death or
grievous bodily harm.
In that (personai jurisdiction data}, did
(at/on board location), on or about
20
[(touch) (cause
_____ to touch)] [(directly) (thr.ough the clothing)] the
(genitalia) (anus) (groin) (breast) (inner thigh) (buttocks) of
, by using force likely to cause death or grievous bodily
----
harm to _____
, to wit:
, with an intent to (abuse)
-----
(humiliate) (degrade) (arouse) (gratify the sexual desire of}
(c) By threatening or placing that other person
in fear that any person would be subjected to death, grievous
bodily harm, or kidnapping.
In that (personal jurisdiction
data), did (at/on board location), on or about
20
[(touch) (cause
to touch)] [(directly) (through the
clothing}] the (genitalia) (anus) (groin) (breast) (inner thigh)
(buttocks) of ___
, by (threatening
(placing
in fear) that
would be subjected to (death) (grievous
bodily harm) (kidnapping), with an intent to (abuse) (humiliate)
(degrade) (arouse) (gratify the sexual desire of)
(d) By first rendering that other person
unconscious.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
[(touch) (cause
46
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to touch)] [(directly) (through the clothing)] the
(genitalia) (anus) (groin) (breast) (inner thigh) (buttocks) of
_______
, by rendering
unconscious by __________
, with an
intent to (abuse) (humiliate) (degrade) (ar·ouse) (gratify the
sexual desire of)
(e) By administering a drug, intoxicant, or other
similar substance.
In that (personal jurisdiction data), did
(at/on board location), on or about
20
[(touch) (cause
to "touch)] [(directly) (through the clothing)] the
(genitalia) (anus) (groin) (breast) (inner thigh) (buttocks) of
__________
, by administering to
(by force) (by
threat of force) (without the knowledge or permission of
) a
(drug) (intoxicant)
ability of
thereby substantially impairing the
to appraise or control his/her conduct,
with an intent to (abuse) (humiliate) (degrade) (arouse)
(gratify the sexual desire of)
(6) Aggravated sexual contact involving the touching
of any body part of any person.
(a) By force.
In that (personal jurisdiction
data), did (at/on board location), on or about
20
[(touch) (cause
to touch)] [(directly) (through the
clothing)] (name of body part) of _______
, by using unlawful
force, with an intent to (arouse) (gratify the sexual desire of)
47
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(b) By force causing or likely to cause death or
grievous bodily harm.
In that (personal jurisdiction data), did
(at/on board location), on or about
20
, [(touch) (cause
to touch)] [(directly) (through the clothing)] (name
of body part) of _______ , by using force likely to cause death
or grievous bodily harm to ________
, to wit: ______________
, with
an intent to (arouse) (gratify the sexual desire of)
(c) By threatening or placing that other person
in fear that any person would be subjected to death, grievous
bodily harm, or kidnapping.
In that (personal jurisdiction
data), did (at/on board location), on or about
20
[(touch) (cause -------- to touch)] [(directly) (through the
clothing)] (name of body part) of
, by (threatening
(placing
in fear) that
would be
subjected to (death) (grievous bodily harm) (kidnapping), with
an intent to (arouse) (gratify the sexual desire of)
--------~··
(d) By first rendering that other person
unconscious.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
, [(touch) (cause
to touch)] [(directly) (through the clothing)] (name
of body part) of _______
, by rendering __________
_ unconscious by
_________________
, with an intent to (arouse) (gratify the sexual
desire of)
48
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(e) By administering a drug, intoxicant, or other
similar substance.
In that (personal jurisdiction data), did
(at/on board location), on or about
20
, [(touch) (cause
to touch)] [(directly) (through the clothing)] (name
of body part) of ______
, by administering to
(by
force)
(by threat of force) (without the knowledge or permission
of
) a (drug) (intoxicant)
and thereby
------
to appraise
substantially impairing the ability of -------
or control his/her conduct, with an intent to (arouse) (gratify
the sexual desire of)
(7) Abusive sexual contact involving the touching of
the genitalia, anus, groin, breast, inner thigh, or buttocks of
any person.
(a) By threatening or placing that other person
in fear.
In that (personal jurisdiction data), did (at/on board
location), on or about
20
[(touch) (cause another person
to touch)] [(directly) (through the clothing)] the ·{genitalia)
(anus) (groin) (breast) (inner thigh) (buttocks) of _____
_ by
(threatening ____
_
(placing
in fear), with an
intent to (abuse) (humiliate) (degrade) (arouse) (gratify the
sexual desire of)
(b) By causing bodily harm.
In that (personal
jurisdiction data), did (at/on board location), on br about
20
, [(touch) (cause another person to touch)]
49
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asabaliauskas on DSK3SPTVN1PROD with E0
[(directly) (through the clothing)] the (genitalia) (anus)
(groin) (breast) (inner thigh) (buttocks) of _______ by causing
____________________ , with an
bodily harm to __________
, to wit:
intent to (abuse) (humiliate) (degrade) (arouse) (gratify the
sexual desire of)
(c) By fraudulent representation.
In that
(personal jurisdiction data), did (at/on board location), on or
about
20
[(touch) (cause another person to touch)]
[(directly) (through the clothing)] the (genitalia) (anus)
(groin) (breast) (inner thigh) (buttocks) of
by
making a fraudulent representation that the sexual contact
served a professional purpose, to wit: __________
, with an
intent to (abuse) (humiliate) (degrade) (arouse) (gratify the
sexual desire of)
(d) By false pretense.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, [(touch) (cause another person to touch)]
[(directly) (through the clothing)] the (genitalia) (anus)
(groin} (breast) (inner thigh) (buttocks) of
by
inducing a belief by (artifice) (pretense) (concealment) that
the said accused was another person, with an intent to (abuse)
(humiliate) (degrade) (arouse} (gratify the sexual desire of)
50
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asabaliauskas on DSK3SPTVN1PROD with E0
(e) Of a person who is asleep, unconscious, or
otherwise unaware the act is occurring.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
[(touch) (cause another person to touch)] [(directly)
(through the clothing)] the (genitalia) (anus) (groin) (breast)
(inner thigh) (buttocks) of
reasonably should have known that
when he/she knew or
was (asleep)
(unconscious) (unaware the sexual contact was occurring due to
__________
),with an intent to (abuse) (humiliate) (degrade)
(arouse) (gratify the sexual desire of)
(f) When that person is incapable of consenting.
In that (personal jurisdiction data), did (at/on board
location), on or about
20
[(touch) (cause another person
to touch)] [(directly) (through the clothing)] the (genitalia)
(anus) (groin) (breast) (inner thigh) (buttocks) of ____
__ when
was incapable of consenting to the sexual contact
because he/she [was impaired by (a drug, to wit:
(an
intoxicant, to wit:
)] [had a (mental disease, to
wit:
(mental defect, to wit:
(physical
disability, to wit: __________ )] and this condition was known or
reasonably should have been known by ____________
, with an intent
to (abuse) (humiliate) (degrade) (arouse) (gratify the sexual
desire of)
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(8) Abusive sexual contact involving the touching of
any body part of any person.
(a) By threatening or placing that other person
in fear.
In that (personal jurisdiction data), did (at/on board
location), on or about
20
, [(touch) (cause another person
to touch)] [(directly) (through the clothing)] the (name of body
part) of _______ by (threatening
(placing
in fear), with an intent to (arouse) (gratify the sexual desire
of)
(b) By causing bodily harm.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, [(touch) (cause another person to touch)] [(directly)
(through the clothing)] the (name of body part) of
by
causing bodily harm to
, to wit:
----------
_____________
, with
an intent to (arouse) (gratify the sexual desire of)
(c) By fraudulent representation.
In that
(personal jurisdiction data), did (at/on board location), on or
about
20
, [(touch) (cause another person to touch)]
[(directly) (through the clothing)] the (name of body part) of
_______ by making a
fraudule~t representation that the sexual
contact served a professional purpose, to wit: __________
, with
an intent to (arouse) (gratify the sexual desire of)
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(d) By false pretense.
In that (personal
jurisdiction data), did (at/on.board location), on or about
20
[(touch) (cause another person to touch)] [(directly)
(through the clothing)] the (name of body part) of
by
inducing a belief by (artifice) (pretense) (concealment) that
the said accused was another person, with an intent to (arouse)
(gratify the sexual desire of)
(e) Of a person who is asleep, unconscious, or
otherwise unaware the act is occurring.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, [(touch) (cause another person to touch)] [(directly)
(through the clothing)] the (name of body part) of
he/she knew or reasonably should have known that
when
was
(asleep) (unconscious) (unaware the sexual contact was occurring
due to __________
), with an intent to (arouse) (gratify the
sexual desire of)
(f) When that person is incapable of consenting.
In that (personal jurisdiction data), did (at/on board
location), on or about
20
[(touch) (cause another
person to touch)] [(directly) (through the clothing)] the (name
of body part) of
when
was incapable of
consenting to the sexual contact because he/she [was impaired by
(a drug, to wit:
(an intoxicant, to wit:
)] [had a (mental disease, to wit:
53
(mental defect, to
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wit:
(physical disability, to wit: _ ____;_ ___
)], a
condition that was known or reasonably should have been known by
, with an intent to (arouse) (gratify the sexual
-------
desire of)
,
(k) Paragraph 45b, Article 120b -
Rape and sexual assault of a
child, is amended by deleting the following note, which appears
immediately after subparagraph a:
"[Note:
The subparagraphs that would normally address elements,
explanation, lesser included offenses, maximum punishments, and
sample specifications are generated under the President's
authority to prescribe rules pursuant to Article 36.
At the
time of publishing this MCM, the President had not prescribed
such rules, for this new statute, Article 120b.
·Practitioners
should refer to the appropriate statutory language and, to the
extent practicable, use Appendix 28 as a guide.]"
(l) Paragraph 45b, Article 120b -
Rape and Sexual assault of a
child, is amended by inserting new subparagraph b immediately
after subparagraph a to read as follows:
"b. Elements.
(1) Rape of a child involving contact between penis
and vulva or anus or mouth.
(a) Rape of a child who has not attained the age
of 12.
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(i) That the accused committed a sexual act
upon a child causing penetration, however slight, by the penis
of the vulva or anus or mouth; and
(ii) That at the time of the sexual act the
child had not attained the age of 12 years.
(b) Rape by force of a child who has attained the
age of 12.
(i) That the accused committed a sexual act
upon a child causing penetration, however slight, by the penis
of the vulva or anus or mouth; and
(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years, and
(iii) That the accused did so by using force
against that child or any other person.
(c) Rape by threatening or placing in fear a
child who has attained the age of 12.
(i) That the accused committed a sexual act
upon a child causing penetration, however slight, by the penis
of the vulva or anus or mouth;
(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years; and
55
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(iii) That the accused did so by threatening
the child or another person or placing that child in fear.
(d) Rape by rendering unconscious a child who has
attained the age of 12.
(i) That the accused committed a sexual act
upon a child causing penetration, however slight, by the penis
of the vulva or anus or mouth;
(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years; and
(iii) That the accused did so by rendering
that child unconscious.
(e) Rape by administering a drug, intoxicant, or
other similar substance to a child who has attained the age of
12.
(i) That the accused committed a sexual act
upon a child causing penetration, however slight, by the penis
of the vulva or anus or mouth;
(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years; and
56
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(iii) That the accused did so by
administering to that child a drug, intoxicant, or other similar
substance.
(2) Rape of a child involving penetration of vulva or
anus or mouth by any part of the body or any object.
(a) Rape of a child who has not attained the age
of 12.
(i) That the accused committed a sexual act
upon a child by causing penetration, however slight, of the
vulva or anus or mouth of the child by any part of the body or
by any object;
(ii) That at the time of the sexual act the
child had not attained the age of 12 years; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any pe~son or to arouse
or gratify the sexual desire of any person.
(b) Rape by force of a child who has attained the
age of 12.
(i) That the accused committed a sexual act
upon a child by causing penetration, however slight, of the
vulva or anus or mouth of the child by any part of the body or
by any object;
57
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(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years;
(iii) That the accused did so by using force
against that child or any other person; and
(iv) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(c) Rape by threatening or placing in fear a
child who has attained the age of 12.
(i) That the accused committed a sexual act
upon a child by causing penetration, however slight, of the
vulva or anus or mouth of the child by any part of the body or
by any object;
(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years;
(iii) That the accused did so by threatening
the child or another person or placing that child in fear; and
(iv) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
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(d) Rape by rendering unconscious a child who has
attained the age of 12.
(i) That the accused committed a sexual act
upon a child by causing penetration, however slight, of the
vulva or anus or mouth of the child by any part of the body or
by any object;
(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years;
(iii) That the accused did so by rendering
that child unconscious; and
(iv) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(e) Rape by administering a drug, intoxicant, or
other similar substance to a child who has attained the age of
12.
(i) That the accused committed a sexual act
upon a child by causing penetration, however slight, of the
vulva or anus or mouth of the child by any part of the body or
by any object;
59
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(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years;
(iii) That the accused did so by
administering to that child a drug, intoxicant, or other similar
substance; and
(iv) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(3) Sexual assault of a child.
(a) Sexual assault of a child who has attained
the age of 12 involving contact between penis and vulva or anus
or mouth.
(i) That the accused committed a sexual act
upon a child causing contact between penis and vulva or anus or
mouth; and
,(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years.
(b) Sexual assault of a child who has attained
the age of 12 involving penetration of vulva or anus or mouth by
any part of the body or any object.
60
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(i) That the accused committed a sexual act
upon a child by causing penetration, however slight, of the
vulva or anus or mouth of the child by any part of the body .or
by any object;
(ii) That at the time of the sexual act the
child had attained the age of 12 years but had not attained the
age of 16 years; and
(iii) That the accused did so with an intent
to abuse, humiliate, harass, or degrade any person or to arouse
or gratify the sexual desire of any person.
(4) Sexual abuse of a child.
(a) Sexual abuse of a child by sexual contact
involving the touching of the genitalia, anus, groin, breast,
inner thigh, or buttocks of any person.
(i) That the accused committed sexual
contact upon a child by touching, or causing another person to
touch, either directly or through the clothing, the genitalia,
anus, groin, breast, inner thigh, or buttocks of any person; and
(ii) That the accused did so with intent to
abuse, humiliate, harass, or degrade any person or to arouse or
gratify the sexual desire of any person.
(b) Sexual abuse of a child by sexual contact
involving the touching of any body part.
61
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(i) That the accused committed sexual
contact upon a child by touching, or causing another person to
touch, either directly or through the clothing, any body part of
any person; and
(ii) That the accused did so with intent to
arouse or gratify the sexual desire of any person.
(c) Sexual abuse of a child by indecent exposure.
(i) That the accused intentionally exposed
his or her genitalia, anus, buttocks, or female areola or nipple
to a child by any means; and
(ii) That the accused did so with an intent
to abuse, humiliate or degrade any person, or to arouse or
gratify the sexual desire of any person.
(d) Sexual abuse of a child by indecent
communication.
(i) That the accused intentionally
communicated indecent language to a child by any means; and
(ii) That the accused did so with an intent
to abuse, humiliate or degrade any person, or to arouse or
gratify the sexual desire of any person.
(e) Sexual abuse of a child by indecent conduct.
(i) That the accused engaged in indecent
conduct, intentionally done with or in the presence of a child;
62
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and
(ii) That the indecent conduct amounted to a
form of immorality relating to sexual impurity which is grossly
vulgar, obscene, and repugnant to common propriety, and tends to
excite sexual desire or deprave morals with respect to sexual
relations."
(m) Paragraph 45b, Article 120b -
Rape and sexual assault of a
child, is amended by inserting new subparagraph c immediately
after subparagraph b to read as follows:
"c. Explanation.
(1) In general.
Sexual offenses have been separated
into three statutes: adults (120), children (120b), and other
offenses (120c).
(2) Definitions.
Terms not defined in this paragraph
are defined in paragraph 45b. a. (h), supra."
(n) Paragraph 45b, Article 120b -
Rape and sexual assault of a
child, is amended by inserting new subparagraph d immediately
after subparagraph c to read as follows:
"d. Lesser included offenses.
See paragraph 3 of this part
and Appendix 12A."
(o) Paragraph 45b, Article 120b -
Rape and sexual assault of a
child, subparagraph e is amended to read as follows:
"e. Maximum punishment.
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(1) Rape of a child.
Forfeiture of all pay and
allowances, and confinement for life without eligibility for
parole.
Mandatory minimum -
Dismissal or dishonorable
discharge.
(2) Sexual assault of a child.
Forfeiture of all pay
and allowances, and confinement for 30 years.
Mandatory minimum
-
Dismissal or dishonorable discharge.
(3) Sexual abuse of a child.
(a) Cases involving sexual contact.
Dishonorable
discharge, forfeiture of all pay and allowances, and confinement
for 20 years.
(b) Other cases.
Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 15
years."
(p) Paragraph 45b, Article 120b -
Rape and sexual assault of a
child, is amended by inserting new subparagraph f immediately
after subparagraph e to read as follows:
"f. Sample specifications.
(1) Rape of a child involving contact between penis
and vulva or anus or mouth.
(a) Rape of a child who has not attained the age
of 12.
In that (personal jurisdiction data), did (at/on board
location), on or about
20
, commit a sexual act upon
64
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___________
, a child who had not attained the age of 12 years, by
causing penetration of _________
's (vulva) (anus)
(mouth) with
__________
's penis.
(b) Rape by force of a child who has attained the
age of 12 years.
In that (personal jurisdiction data), did
(at/on board location), on or about
20
, commit a
sexual act upon ___________ , a child who had attained the age of
12 years but had not attained the age of 16 years, by causing
penetration of _________
's (vulva) (anus)
(mouth) with
__________
's penis, by using force against ---------, to wit:
(c) Rape by threatening or placing in fear a
child who has attained the age of 12 years.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
commit a sexual act upon ___________ , a child who
had attained the age of 12 years but had not attained the age of
16 years, by causing penetration of __________ 's (vulva) (anus)
(mouth) with
's penis by (threatening
--------
(placing
in fear) .
(d) Rape by rendering unconscious of a child who
has attained the age of 12 years.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, commit a sexual act upon
, a child who had
attained the age of 12 years but had not attained the age of 16
65
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years, by causing penetration of ________
's (vulva) (anus)
(mouth) with
's penis by rendering
unconscious by
(e) Rape by administering a drug, intoxicant, or
other similar substance to a child who has attained the age of
12 years.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
, commit a sexual act
upon ___________
, a child who had attained the age of 12 years
but had not attained the age of 16 years, by causing penetration
of
's (vulva) (anus) (mouth) with
-----------
administering to
wit:
------
a (drug) (intoxicant)
's penis by
), to
(2) Rape of a child involving penetration of the vulva
or anus or mouth by any part of the body or any object.
(a) Rape of a child who has not attained the age
of 12.
In that (personal jurisdiction data), did (at/on board
location), on or about
20
, commit a sexual act upon
_______
, a child who had not attained the age of 12 years, by
penetrating the (vulva) (anus) (mouth) of
with
(list body part or object), with an intent to (abuse)
(humiliate) (harass) (degrade) (arouse) (gratify the sexual
desire of)
66
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(b) Rape by force of a child who has attained the
age of 12 years.
In that (personal jurisdiction data), did
(at/on board location), on or about
20
, commit a sexual
act upon ___________ , a child who had attained the age of 12
years but had not attained the age of 16 years, by penetrating
the (vulva) (anus)
(mouth) of
or object}, by using force against
with (list body part
________
, with an intent to
(abuse) (humiliate) (harass) (degrade) (arouse) (gratify the
sexual desire of)
(c) Rape by threatening or placing in fear a
child who has attained the age of 12 years.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, commit a sexual act upon
, a child who had
attained the age of 12 years but had not attained the age of 16
years, by penetrating the (vulva) (anus)
(mouth) of
with (list body part or object), by (threatening __________
_
(placing
in fear), with an intent to (abuse) (humiliate)
(harass) (degrade) (arouse) (gratify the sexual desire of)
(d) Rape by rendering unconscious of a child who
has attained the age of 12 years.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, commit a sexual act upon __________ , a child who had
attained the age of 12 years but had not attained the age of 16
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years, by penetrating the (vulva) (anus)
(mouth) of ____________
_
with (list body part or object), by rendering
unconscious, with an intent to (abuse) (humiliate) (harass)
(degrade) (arouse) (gratify the sexual desire of)
(e) Rape by administering a drug, intoxicant, or
other similar substance to a child who has attained the age of
12 years.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
commit a sexual act
upon ___________
, a child who had attained the age of 12 years
but had not attained the age of 16 years, by penetrating the
(vulva) (anus)· (mouth) of
object), by administering to
with (list body part or
a (drug) (intoxicant)
), to wit:
, with an intent to (abuse)
-----------
(humiliate) (harass) (degrade) (arouse) (gratify the sexual
desire of)
(3) Sexual assault of a child.
(a) Sexual assault of a child who has attained
the age of 12 years involving contact between penis and ~ulva or
anus or mouth.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
, commit a sexual act
upon ________
, a child who had attained the age of 12 years but
had not attained the age of 16 years, by causing penetration of
's (vulva) (anus) (mouth) with
------------
__________
's penis.
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(b) Sexual assault of a child who has, attained
the age of.12 years involving penetration of vulva or anus or
mouth by any part of the body or any object.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
commit a sexual act upon ___________ , a child who
had attained the age of 12 years but had not attained the age of
16 years, by penetrating the (vulva) (anus)
(mouth) of
with (list body part or object), with an intent to
(abuse) (humiliate) (harass) (degrade) (arouse) (gratify the
sexual desire of)
(4) Sexual abuse of a child.
(a) Sexual abuse of a child involving sexual
contact involving the touching of the genitalia, anus, groin,
breast, inner thigh, or buttocks of any person.
In that
(personal jurisdiction data), did (at/on board location), on or
about ____
__ 20
, commit a lewd act upon ___________
, a child
who had not attained the age of 16 years, by intentionally
[(touching) (causing
to touch)] [(directly) (through
the clothing)] the (genitalia) (anus) (groin) (breast) (inner
thigh) (buttocks) of
(humiliate) (degrade)
-------, with an intent to (abuse)
(b) Sexual abuse-of a child involving sexual
contact involving the touching of any body part of any person.
In that (personal jurisdiction data), did (at/on board
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location), on or about
20
, commit a lewd act upon
__________
, a child who had not attained the age of 16 years, by
intentionally exposing [his (genitalia) (anus) (buttocks)] [her
(genitalia) (anus) (buttocks) (areola) (nipple)] to
with an intent to (abuse) (humiliate) (harass) (degrade)
(arouse) (gratify the sexual desire of)
(c) Sexual abuse of a child involving indecent
exposure.
In that (personal jurisdiction data), did (at/on
. board location), on or about
20
, commit a lewd act upon
_______
, a child who had not attained the age of 16 years, by
intentionally [(touching) (causing
to touch)]
[(directly) (through the clothing)] (name of body part) of
------, with an intent to (arouse) (gratify the sexual desire
of)
(d) Sexual abuse of a child involving indecent
communication.
In that (personal jurisdiction data), did (at/on
board location), on or about
20
, commit a lewd act
upon __________
, a child who had not attained the age of 16
years, by intentionally communicating to
indecent
language to wit: ------, with an intent to (abuse)
(humiliate) (harass) (degrade) (arouse) (gratify the sexual
desire of)
(e) Sexual abuse of a child involving indecent
conduct.
In that (personal jurisdiction data), did (at/on board
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location), on or about
20
, commit a lewd act upon
, a child who had not attained the age.of 16 years, by
------
engaging in indecent conduct, to wit: ------, intentionally
done (with) (in the presence of)
, which conduct amounted
----
to a form of immorality relating to sexual impurity which is
grossly vulgar, obscene, and repugnant to common propriety, and
tends to excite sexual desire or deprave morals with respect to
sexual relations."
(q) Paragraph 45c.a. (c), Article 120c- Other sexual misconduct,
is amended by deleting the phrase "(c) Definitions." and
inserting the phrase "(d) Definitions." in its place.
(r) Paragraph 45c, ~Article 120c -
Other sexual misconduct, is
amended by deleting the following note, which appears
immediately after subparagraph a:
"[Note:
The subparagraphs that would normally address elements,
explanation, lesser included offenses, maximum punishments, and
sample specifications are generated under the President's
authority to prescribe rules pursuant to Article 36.
At the
time of publishing this MCM, the President had not prescr~bed
such rules for this new statute, Article 120c.
Practitioners
should refer to the appropriate statutory language and, to the
extent practicable, use Appendix 28 as a guide.]"
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(s) Paragraph 45c, Article 120c - Other sexual misconduct, is
amended by inserting new subparagraph b immediately after
subparagraph a to read as follows:
"b·. Elements.
(1) Indecent viewing.
(a) That the accused knowingly and wrongfully
viewed the private area of another person;
(b) That said viewing was without the other
person's consent; and
(c) That said viewing took place under
circumstances in which the other person had a reasonable
expectation of privacy.
(2) Indecent recording.
(a) That the accused knowingly recorded
(photographed, videotaped, filmed, or recorded by any means) the
private area of another person;
(b) That said recording was without the other
person's consent; and
(c) That said recording was made under
circumstances in which the other person had a reasonable
expectation of privacy.
(3) Broadcasting of an indecent recording.
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(a) That the accused knowingly broadcast a
certain recording of another person's private area;
(b) That said recording was made or broadcast
without the other person's consent;
(c) That the accused knew or reasonably should
have known that the recording was made or broadcast without the
other person's consent;
(d) That said recording was made under
circumstances in which the other person had a reasonable
expectation of privacy; and
(e) That the accused knew or reasonably should
have known that said recording was made under circumstances in
which the other person had a reasonable expectation of privacy.
(4) Distribution of an indecent visual recording.
(a) That the accused knowingly distributed a
certain recording of another person's private area;
(b) That said recording was made or distributed
without the other person's consent;
(c) That the accused knew or reasonably should
have known that said recording was made or distributed without
the other person's consent;
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(d) That said recording was made under
circumstances in which the other person had a reasonable
expectation of privacy; and
(e) That the accused knew or reasonably should
have known that said recording was made under circumstances in
which the other person had a reasonable expectation of privacy.
(5) Forcible pandering.
That the accused compelled another person to
engage in an act of prostitution with any person.
(6) Indecent exposure.
(a) That the accused exposed his or her
genitalia, anus, buttocks, or female areola or nipple;
(b) That the exposure was in an indecent manner;
and
(c) That the exposure was intentional."
(t) Paragraph 45c, Article 120c - Other sexual misconduct, is
amended by inserting new subparagraph c immediately after
subparagraph b to read as follows:
"c. Explanation.
(1) In general.
Sexual offenses have been separated
into three statutes:
adults (120), children (120b), and other
offenses (120c) ,.
(2) Definitions.
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(a) Recording. A "recording" is a still or moving
visual image captured or recorded by any means.
(b) Other terms are defined in paragraph
45c.a.(d), supra."
(u) Paragraph 45c, Article 120c - Other sexual misconduct, is
amended by inserting new subparagraph d immediately after
subparagraph c to read as follows:
"d. Lesser included offenses.
See paragraph 3 of this part
and Appendix 12A."
(v) Paragraph 45c, Article 120c - Other sexual misconduct, is
amended by inserting new subparagraph f immediately after
subparagraph e to read as follows:
"f. Sample specifications.
(1) Indecent viewing, visual recording, or
broadcasting.
(a) Indecent viewing.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
__
, knowingly and wrongfully view the private area of
___________
, without (his) (her) consent and under circumstances
in which (he) (she) had a reasonable expectation of privacy.
(b) Indecent visual recording.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, knowingly (photograph) (videotape) (film) (make a
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recording of) the private area of ___________
, without (his)
(her) consent and under circumstances in which (he) (she) had a
reasonable expectation of privacy.
(c) Broadcasting or distributing an indecent
visual recording.
In that (personal jurisdiction data), did
(at/on board location), on or about
20
, knowingly
(broadcast) (distribute) a recording of the private area of
-----------, when the said accused knew or reasonably should have
known that the said recording was (made) (and/or)
(distributed/broadcast) without the consent of
and under circumstances in which (he) (she) had a reasonable
expectation of privacy.
(2) Forcible pandering.
In that (personal
jurisdiction data), did (at/on board location), on or about
20
, wrongfully compel
sexual act) (sexual contact) with
to engage in (a
, to wit:
------------
_____________
, for the purpose of receiving (money) (other
compensation) ___
).
(3) Indecent exposure.
In that (personal jurisdiction
data), did (at/on board location), on or about
20
intentionally expose [his (genitalia) (anus) (buttocks)] [her
(genitalia) (anus) (buttocks) (areola) (nipple)] in an indecent
manner, to wit:
,
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(wx) Paragraph 51, Article 125 -
Sodomy is amended to read as
follows:
"51. Article 125-Forcible sodomy; bestiality
a. Text of statute.
(a)
Forcib~e Sodomy.-Any person subject to this chapter who
engages in unnatural carnal copulation with another person of
the same or opposite sex by unlawful force or without the
consent of the other person is guilty of forcible sodomy and
shall be punished as a court-martial may direct.
(b)
Bestia~ity.-Any person subject to this chapter who
engages in unnatural carnal copulation with an animal is guilty
of bestiality and shall be punished as a court-martial may
direct.
(c) Scope of Offenses.-Penetration, however slight, is
sufficient to complete an offense under subsection (a) or (b) .
b. Elements.
(1) Forcible sodomy.
(a) That the accused engaged in unnatural carnal
copulation with a certain other person.
· (b) That the act was done by unlawful force or without
the consent of the other person.
(2) Bestiality.
(a) That the accused engaged in unnatural carnal
copulation with an animal.
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c. Explanation.
(1) It is unnatural carnal copulation for a person to take
into that person's mouth or anus the sexual organ of another
person or of an animal; or to place that person's sexual organ
in the mouth or anus of another person or of an animal; or to
have carnal copulation in any opening of the body, except the
sexual parts, with another person; or to have carnal copulation
with an animal.
(2) For purposes of this Article, the term "unlawful force"
means an act of force done without legal justification or
excuse.
d. Lesser included offenses.
See paragraph 3 of this part and Appendix 12A.
e. Maximum punishment.
(1) Forcible sodomy.
Dishonorable discharge, forfeiture of
all pay and allowances, and confinement for life without
eligibility for parole.
Mandatory minimum -
Dismissal or
dishonorable discharge.
(2) Bestiality.
Dishonorable discharge, forfeiture of all
pay and allowances, and confinement for 5 years.
f. Sample specification.
(1) Forcible sodomy.
In that (personal jurisdiction data),
did, (at/on board-location) (subject-matter jurisdiction data,
if required), on or about -----20
, engage in unnatural
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carnal copulation with _______
, by unlawful force or without the
consent of the said ____
__
(2) Bestiality.
In that (personal jurisdiction data), did,
(at/on board-location) (subject-matter jurisdiction data, if
required), on or about _________
20
, engage in unnatural carnal
copulation with (type of animal)."
(x) In paragraphs 62, 64-86, 89, 91-100a, and 102-113, the
sample specifications in subparagraph f are uniformly amended by
inserting the words below between the last word and the period
in each sample specification:
", and that said conduct was (to the prejudice of good
order and discipline in the armed forces) (of a nature to bring
discredit upon the armed forces) (to the prejudice of good order
and discipline in the armed forces and was of a nature to bring
discredit upon the armed forces)."
(y) Paragraph 60.b, Article 134(b)-General Article, is amended
to.read as follows:
"b. Elements.
The proof required for conviction of an
offense under Article 134 depends upon the nature of the
misconduct charged.
If the conduct is punished as a crime or
offense not capital, the proof must establish every element of
the crime or offense as required by the applicable law.
All
offenses under Article 134 require proof of a single terminal
element; however, the terminal element may be proven using any
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of three theories of liability corresponding to clause 1, 2, or
3 offenses.
(1) For clause 1 or 2 offenses under Article 134, the
following proof is required:
(a) That the accused did or failed to do certain acts;
and
(b) That, under the circumstances, the accused's
conduct was to the prejudice of good order and discipline in the
armed forces or was of a nature to bring discredit upon the
armed forces.
(2) For clause 3 offenses under Article 134, the following
proof is required:
(a) That the accused did or failed to do certain acts
that satisfy each element of the federal statute (including, in
the case of a prosecution under 18 U.S.C. § 13, each element of
the assimilated State, Terri
tory, Possession, or District la_w);
and
(b) That the offense charged was an offense not
capital."
(z) Paragraph 60, Article 134 -
General Article, subparagraph
c. (6) (a) is amended to read as follows:
"(a) Specifications under clause 1 or 2.
When alleging a
clause 1 or 2 violation, the specification must expressly allege
that the conduct was "to the prejudice of good order and
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discipline" or that it was "of a nature to bring discredit upon
the armed forces."
The same conduct may be prejudicial to good
order and discipline in the armed forces and at the same time be
of a nature to bring discredit upon the armed forces.
Both
clauses may be alleged; however, only one must be proven to
satisfy the terminal element.
If conduct by an accused does not
fall under any of the enumerated Article 134 offenses
(paragraphs 61 through 113 of this Part), a specification not
listed in this Manual may be used to allege the offense."
(aa) Paragraph 60, Article 134 -
General Article, subparagraph
c. (6) (b) is amended to read as follows:
"(b) Specifications under clause 3.
When alleging a clause
3 violation, the specification must expressly allege that the
conduct was "an offense not capital," and each element of· the
federal statute (including, in the case of a prosecution under
18 U.S.C. § 13, each element of the assimilated State,
Territory, Possession, or District law) must be alleged
expressly or by necessary implication.
In addition, the federal
statute should be identified."
(bb) Paragraph 60, Article 134 -
General Article, subparagraph
c. (6) (c) is deleted.
(cc) Paragraph 61, Article 134 - Abusing public animal, is
amended to read as follows:
"61. Article 134-(Animal Abuse)
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a.
Text of statute. See paragraph 60.
b.
Elements.
(1) Abuse, neglect, or abandonment of an animal.
(a) That the accused wrongfully abused, neglected, or
abandoned a certain (public*) animal (and the accused caused the
serious injury or death of the animal*); and
(b) That, under the circumstances, the conduct of the
accused was to the prejudice of good order and discipline in the
armed forces or was of a nature to bring discredit upon the
armed forces.
(*Note:
Add these elements as applicable.)
(~) Sexual act with an animal.
(a) That the accused engaged in a sexual act with a
certain animal; and
'
(b) That, under the circumstances, the conduct of the
accused was to the prejudice of good order.and discipline in the
armed forces or was of a nature to bring discredit upon the
armed forces.
c.
Explanation.
(1) In general.
This offense prohibits knowing, reckless,
or negligent abuse, neglect, or abandonment of an animal.
This
offense does not include legal hunting, trapping, or fishing;
reasonable and recognized acts of training, handling, or
disciplining of an animal; normal and accepted farm or
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veterinary practices; research or testing conducted in
accordance with approved military protocols; protection of
person or property from an unconfined animal; or authorized
military operations or military training.
(2) Definitions.
As used in this paragraph:
(A) "Abuse" means intentionally and unjustifiably:
overdriving, overloading, overworking, tormenting, beating,
depriving of necessary sustenance, allowing to be housed in a
manner that results in chronic or repeated serious physical
harm, carrying or confining in or upon any vehicles in a cruel
or reckless manner, or otherwise mistreating an animal.
Abuse
may include any sexual touching of an animal if not included in
the definition of "sexual act with an animal" below.
(B) "Neglect" means allowing another to abuse an
animal, or, having the charge or custody of any animal,
intentionally, knowingly, recklessly, or negligently failing to
provide it with proper food, drink,· or protection from the
weather consistent with the species, breed, and type of animal
involved.
(C) "Abandon" means the intentional, knowing, reckless
or negligent leaving of an animal at a location without
providing minimum care while having the charge or custody of
that animal.
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(D) "Animal" means pets and animals of the type that
are raised by individuals for resale to others, including but
not limited to:
cattle, horses, sheep, pigs, goats, chickens,
dogs, cats, and similar animals owned or under the control of
any person.
Animal does not include reptiles, insects,
arthropods, or any animal defined or declared to be a pest by
the administrator of the United States Environmental Protection
Agency.
(E) "Public animal" means any animal owned or used by
the United States or any animal owned or used by a local or
State government in the United States, its territories or
possessions.
This would include, for example, drug detector
dogs used by the government.
(F) "Sexual act with an animal" means contact between
the sex organ, anus, or mouth of a person and an animal or
between the sex organ, mouth, or anus of an animal and a person
or object manipulated by a person if done with an intent to
arouse or gratify the sexual desire of any person.
(G) "Serious injury of an animal" means physical harm
that involves a temporary but substantial disfigurement; causes
a temporary but substantial loss or impairment of the function
of any bodily part or organ; causes a fracture of any bodily
part; causes permanent maiming; causes acute pain of a duration
that results in suffering; or carries a substantial risk of
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death.
Serious injury includes, but is not limited to, burning,
torturing, poisoning, or maiming.
d. Lesser included offenses.
See paragraph 3 of this part and
Appendix 12A.
e.
Maximum punishment.
(1) Abuse, neglect, or abandonment of an animal.
Bad-
conduct discharge, forfeiture of all pay and allowances, and
confinement for 1 year.
(2) Abuse, neglect, or abandonment of a public animal.
Bad-conduct discharge, forfeiture of all pay and allowances, and
confinement for 2 years.
(3) Sexual act with an animal or cases where the accused
caused the serious injury or death of the animal.
Dishonorable
discharge, forfeiture of all pay and allowances, and confinement
for 5 years.
f.
Sample specification.
In that
(personal jurisdiction data), did,
(at/on board-location) (subject-matter jurisdiction data, if
required), on or about (date), (wrongfully [abuse] [neglect]
[abandon]) (*engage in a sexual act, to wit: __________
, with) a
certain (*public) animal (*and caused [serious injury to] [the
death of] the animal), and that said conduct was (to the
prejudice of good order and discipline in the armed forces) . (of
a nature to bring discredit upon the armed forces) (to the
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prejudice of good order and discipline in the armed forces and
was of a nature to bring discredit upon the armed forces) .
(dde) Paragraph 64, Article 134 - Assault-with intent to commit
murder, voluntary manslaughter, rape, robbery, s·odomy, arson,
burglary, or housebreaking is amended by inserting "forcible"
immediately preceding every occurrence of the word "sodomy".
(ee) Paragraph 90, Article 134 -
Deleted-See Appendix 27, is
amended to read as follows:
"90. Article 134 -(Indecent conduct)
a.
Text of Statute.
See paragraph 60.
b.
Elements.
(1) That the accused engaged in certain conduct;
(2) That the conduct was indecent; and
(3) That, under the circumstances, the conduct of the
accused was to t.he prejudice of good order and discipline in the
armed forces or was of a nature to bring discredit upon the
armed forces.
c.
Explanation.
(1) "Indecent" means that form of immorality relating to
sexual impurity which is grossly vulgar, obscene, and repugnant
to common propriety, and tends to excite sexual desire or
deprave morals with respect to sexual relations.
(2) Indecent conduct includes offenses previously
proscribed by "Indecent acts with another" except that the
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presence of another person is no longer required.
For purposes
of this offense, the words "conduct" and "act" are synonymous.
For child offenses, some indecent conduct may be included in the
definition of lewd act and preempted by Article 120b(c).
See
paragraph 60c(5) (a).
d.
Lesser included offense.
See paragraph 3 of this part and
Appendix 12A.
e.
Maximum punishment.
Dishonorable discharge, forfeiture of
all pay and allowances, and confinement for 5 years.
f.
Sample specification.
In that
(personal jurisdiction data), did (at/on
board -
location) (subject-matter jurisdiction data, if
required), on or about (date), (wrongfully commit indecent
conduct, to wit:
), and that said conduct was (to the
-----
prejudice of good order and discipline in the armed forces) (of
a nature to bring discredit upon the armed forces) (to the
prejudice of good order and discipline in the armed forces and
was of a nature to bring discredit upon the armed forces) .
(ff). Paragraph 97, Article 134 -
Pandering and prostitution,
subparagraph b. (1) (a) is amended by replacing "had sexual
intercourse" with "erigaged in a sexual act".
(gg) Paragraph 97, Article 134 -
Pandering and prostitution,
subparagraph b. (2) (a) is amended by replacing "had sexual
intercourse" with "engaged in a sexual act".
87
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(hh) Paragraph 97, Article 134 -
Pandering and prostitution,
subparagraph b. (2) (b) is amended by replacing "engage in an act
of sexual intercourse" with "engage in a sexual act".
(ii) Paragraph 97, Article 134 -
Pandering and prostitution,
subparagraph b. (3) (a) is amended by replacing "engage in an act
of sexual intercourse" with "engage in a sexual act".
(jj) Paragraph 97, Article 134 -
Pandering and prostitution,
subparagraph b. (4) is amended by replacing "Pandering by
arranging or receiving consideration for arranging for sexual
intercourse or sodomy." with " ( 4) Pandering by arranging or
receiving' conSideration for arranging for a sexual act."
(kk)
Paragraph 97, Article 134 -
Pandering and prostitution,
subparagraph b. (4) (a) is amended by replacing "engage in an act
of sexual intercourse or sodomy" with "engage in a sexual act".
(11) Paragraph 97, Article 134 -Pandering and prostitution~
subparagraph c is amended to read as follows:
"c. Explanation.
(1) Prostitution may be committed by males or females.
(2) Sexual act.
See paragraph 45.a. (g) (1) ."
(mm) Paragraph 97, Article 134 -
Pandering and prostitution,
subparagraph f. (1) is amended by replacing "(an act) (acts) of
sexual intercourse" with "(a sexual act) (sexual acts)".
88
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[FR Doc. 2016–22962
Filed 9–21–16; 8:45 a.m.]
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(nn) Paragraph 97, Article 134 -
Pandering and prostitution,
subparagraph f. (2) is amended by replacing "(an act) (acts) of
sexual intercourse" with "(a sexual act) (sexual acts)".
(oo) Paragraph 97, Art~cle 134 -
Pandering and prostitution,
subparagraph f. (3) is amended by replacing "(an act) (acts) of
sexual intercourse" with "(a sexual act) (sexual acts)".
89
| 2016 Amendments to the Manual for Courts-Martial, United States | 2016-09-16T00:00:00 | 879ea9e5b507604b69bc57ad8779e1de69eaa954b82685a13af317f835a1d1b2 |
Presidential Executive Order | 2014-18998 (13675) | Presidential Documents
46661
Federal Register
Vol. 79, No. 153
Friday, August 8, 2014
Title 3—
The President
Executive Order 13675 of August 5, 2014
Establishing the President’s Advisory Council on Doing Busi-
ness in Africa
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to promote broad-
based economic growth and job creation in the United States and Africa
by encouraging U.S. companies to trade with and invest in Africa, it is
hereby ordered as follows:
Section 1. Policy. The United States recognizes that Africa is a region of
growing economic opportunity and innovation and aims to expand a trade
and investment partnership that is grounded in shared interests and mutual
responsibility. Africa offers a diverse and broad range of trade and investment
opportunities in national and regional markets. The U.S. Government will
encourage U.S. companies to seize the trade and investment opportunities
offered by Africa’s national and regional markets and help drive inclusive
and sustained economic growth and the region’s economic expansion, while
also creating jobs here in the United States.
Sec. 2. Establishment. Not later than 180 days after the date of this order,
the Secretary of Commerce shall establish the President’s Advisory Council
on Doing Business in Africa (Advisory Council).
Sec. 3. Membership. (a) The Advisory Council shall consist of not more
than 15 private sector corporate members, including small businesses and
representatives from infrastructure, agriculture, consumer goods, banking,
services, and other industries. The Advisory Council shall be broadly rep-
resentative of the key industries with business interests in the functions
of the Advisory Council as set forth in section 4 of this order. Appointments
to the Advisory Council shall be made without regard to political affiliation.
(b) Members of the Advisory Council shall be appointed by the Secretary
of Commerce, in consultation with the Trade Promotion Coordinating Com-
mittee (TPCC), which was authorized by statute in 1992 (15 U.S.C. 4727)
and established by Executive Order 12870 of September 30, 1993.
Sec. 4. Functions. (a) The Advisory Council shall advise the President,
through the Secretary of Commerce, on strengthening commercial engagement
between the United States and Africa, with a focus on advancing the Presi-
dent’s Doing Business in Africa Campaign as described in the U.S. Strategy
Toward Sub-Saharan Africa of June 14, 2012.
(b) In providing the advice described in subsection (a) of this section,
the Advisory Council shall provide information, analysis, and recommenda-
tions to the President that address the following, in addition to other topics
deemed relevant by the President, the Secretary of Commerce, or the Advisory
Council:
(i) creating jobs in the United States and Africa through trade and invest-
ment;
(ii) developing strategies by which the U.S. private sector can identify
and take advantage of trade and investment opportunities in Africa;
(iii) building lasting commercial partnerships between the U.S. and African
private sectors;
(iv) facilitating U.S. business participation in Africa’s infrastructure devel-
opment;
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(v) contributing to the growth and improvement of Africa’s agricultural
sector by encouraging partnerships between U.S. and African companies
to bring innovative agricultural technologies to Africa;
(vi) making available to the U.S. private sector an accurate understanding
of the opportunities presented for increasing trade with and investment
in Africa;
(vii) developing and strengthening partnerships and other mechanisms
to increase U.S. public and private sector financing of trade with and
investment in Africa;
(viii) analyzing the effect of policies in the United States and Africa
on U.S. trade and investment interests in Africa;
(ix) identifying other means to expand commercial ties between the United
States and Africa; and
(x) building the capacity of Africa’s young entrepreneurs to develop trade
and investment ties with U.S. partners.
Sec. 5. Administration. (a) The Department of Commerce shall provide fund-
ing and administrative support for the Advisory Council to the extent per-
mitted by law and within existing appropriations.
(b) Members of the Advisory Council shall serve without either compensa-
tion or reimbursement of expenses.
(c) The Secretary of Commerce shall designate a senior officer or employee
of the Department of Commerce to serve as the Executive Director for the
Advisory Council.
(d) The Secretary of Commerce shall consult with the TPCC on matters
and activities pertaining to the Advisory Council, including on activities
related to implementation of the advice of the Advisory Council. The Sec-
retary of Commerce shall invite representatives of TPCC agencies to attend
meetings of the Advisory Council when issues relevant to their responsibil-
ities are to be considered.
Sec. 6. Termination. The Advisory Council shall function for such period
as may be necessary but shall terminate 2 years after the date of this
order, unless extended by the President.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
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(d) Insofar as the Federal Advisory Committee Act (5 U.S.C. App.) (the
‘‘Act’’) may apply to the Advisory Council, any functions of the President
under the Act, except for those in section 6 of the Act, shall be performed
by the Secretary of Commerce in accordance with the guidelines that have
been issued by the Administrator of General Services.
THE WHITE HOUSE,
August 5, 2014.
[FR Doc. 2014–18998
Filed 8–7–14; 11:15 am]
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| Establishing the President's Advisory Council on Doing Business in Africa | 2014-08-05T00:00:00 | d3429cec7f0b423b420b70b78cfaa7eea507042a9785bf01cdd6ff32c7215117 |
Presidential Executive Order | 2014-17522 (13672) | Presidential Documents
42971
Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Presidential Documents
Executive Order 13672 of July 21, 2014
Further Amendments to Executive Order 11478, Equal Em-
ployment Opportunity in the Federal Government, and Exec-
utive Order 11246, Equal Employment Opportunity
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. 121, and in
order to provide for a uniform policy for the Federal Government to prohibit
discrimination and take further steps to promote economy and efficiency
in Federal Government procurement by prohibiting discrimination based
on sexual orientation and gender identity, it is hereby ordered as follows:
Section 1. Amending Executive Order 11478. The first sentence of section
1 of Executive Order 11478 of August 8, 1969, as amended, is revised
by substituting ‘‘sexual orientation, gender identity’’ for ‘‘sexual orientation’’.
Sec. 2. Amending Executive Order 11246. Executive Order 11246 of Sep-
tember 24, 1965, as amended, is hereby further amended as follows:
(a) The first sentence of numbered paragraph (1) of section 202 is revised
by substituting ‘‘sex, sexual orientation, gender identity, or national origin’’
for ‘‘sex, or national origin’’.
(b) The second sentence of numbered paragraph (1) of section 202 is
revised by substituting ‘‘sex, sexual orientation, gender identity, or national
origin’’ for ‘‘sex or national origin’’.
(c) Numbered paragraph (2) of section 202 is revised by substituting ‘‘sex,
sexual orientation, gender identity, or national origin’’ for ‘‘sex or national
origin’’.
(d) Paragraph (d) of section 203 is revised by substituting ‘‘sex, sexual
orientation, gender identity, or national origin’’ for ‘‘sex or national origin’’.
Sec. 3. Regulations. Within 90 days of the date of this order, the Secretary
of Labor shall prepare regulations to implement the requirements of section
2 of this order.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an agency or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
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Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Presidential Documents
Sec. 5. Effective Date. This order shall become effective immediately, and
section 2 of this order shall apply to contracts entered into on or after
the effective date of the rules promulgated by the Department of Labor
under section 3 of this order.
THE WHITE HOUSE,
July 21, 2014.
[FR Doc. 2014–17522
Filed 7–22–14; 11:15 am]
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| Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity | 2014-07-21T00:00:00 | 7571c48da222e6922cdc43ce76ffdaae86b7ac0f3140890eda69e1874300115d |
Presidential Executive Order | 2014-16360 (13671) | Presidential Documents
39949
Federal Register
Vol. 79, No. 132
Thursday, July 10, 2014
Title 3—
The President
Executive Order 13671 of July 8, 2014
Taking Additional Steps to Address the National Emergency
With Respect to the Conflict in the Democratic Republic of
the Congo
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 (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States
Code,
I, BARACK OBAMA, President of the United States of America, in order
to take additional steps to deal with the national emergency with respect
to the situation in or in relation to the Democratic Republic of the Congo
declared in Executive Order 13413 of October 27, 2006, in view of multiple
United Nations Security Council Resolutions including, most recently, Reso-
lution 2136 of January 30, 2014, and in light of the continuation of activities
that threaten the peace, security, or stability of the Democratic Republic
of the Congo and the surrounding region, including operations by armed
groups, widespread violence and atrocities, human rights abuses, recruitment
and use of child soldiers, attacks on peacekeepers, obstruction of humani-
tarian operations, and exploitation of natural resources to finance persons
engaged in these activities, hereby order:
Section 1. Subsection (a) of section 1 of Executive Order 13413 is hereby
amended to read as follows:
‘‘(a) All property and interests in property that are in the United States,
that hereafter come within the United States, or that are or hereafter come
within the possession or control of any United States person (including
any foreign branch) of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(A) to be a political or military leader of a foreign armed group operating
in the Democratic Republic of the Congo that impedes the disarmament,
demobilization, voluntary repatriation, resettlement, or reintegration of
combatants;
(B) to be a political or military leader of a Congolese armed group
that impedes the disarmament, demobilization, voluntary repatriation, re-
settlement, or reintegration of combatants;
(C) to be responsible for or complicit in, or to have engaged in, directly
or indirectly, any of the following in or in relation to the Democratic
Republic of the Congo:
(1) actions or policies that threaten the peace, security, or stability
of the Democratic Republic of the Congo;
(2) actions or policies that undermine democratic processes or institu-
tions in the Democratic Republic of the Congo;
(3) the targeting of women, children, or any civilians through the
commission of acts of violence (including killing, maiming, torture,
or rape or other sexual violence), abduction, forced displacement, or
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attacks on schools, hospitals, religious sites, or locations where civil-
ians are seeking refuge, or through conduct that would constitute a
serious abuse or violation of human rights or a violation of inter-
national humanitarian law;
(4) the use or recruitment of children by armed groups or armed
forces in the context of the conflict in the Democratic Republic of
the Congo;
(5) the obstruction of the delivery or distribution of, or access to, hu-
manitarian assistance;
(6) attacks against United Nations missions, international security
presences, or other peacekeeping operations; or
(7) support to persons, including armed groups, involved in activities
that threaten the peace, security, or stability of the Democratic Repub-
lic of the Congo or that undermine democratic processes or institu-
tions in the Democratic Republic of the Congo, through the illicit
trade in natural resources of the Democratic Republic of the Congo;
(D) except where intended for the authorized support of humanitarian
activities or the authorized use by or support of peacekeeping, inter-
national, or government forces, to have directly or indirectly supplied,
sold, or transferred to the Democratic Republic of the Congo, or been
the recipient in the territory of the Democratic Republic of the Congo
of, arms and related materiel, including military aircraft and equipment,
or advice, training, or assistance, including financing and financial assist-
ance, related to military activities;
(E) to be a leader of (i) an entity, including any armed group, that
has, or whose members have, engaged in any of the activities described
in subsections (a)(ii)(A) through (a)(ii)(D) of this section or (ii) an entity
whose property and interests in property are blocked pursuant to this
order;
(F) to have materially assisted, sponsored, or provided financial, material,
logistical, or technological support for, or goods or services in support
of (i) any of the activities described in subsections (a)(ii)(A) through
(a)(ii)(D) of this section or (ii) any person whose property and interests
in property are blocked pursuant to this order; or
(G) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to this order.’’
Sec. 2. New subsection (d) is hereby added to section 1 of Executive Order
13413 to read as follows:
‘‘(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. 3. Section 2 of Executive Order 13413 is hereby amended to read
as follows:
‘‘Sec. 2. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any of
the 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. 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 and Executive Order 13413, as amended by 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.
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Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Presidential Documents
Sec. 5. 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 and Executive Order 13413, as amended by this
order.
Sec. 6. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
July 8, 2014.
[FR Doc. 2014–16360
Filed 7–9–14; 11:15 am]
Billing code 3295–F4
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| Taking Additional Steps to Address the National Emergency With Respect to the Conflict in the Democratic Republic of the Congo | 2014-07-08T00:00:00 | 4f1900d4ee974aae8634ef6dc654b3e18b27af8e8e3231080b3dd777c87a6c02 |
Presidential Executive Order | 2014-18682 (13674) | Presidential Documents
45671
Federal Register
Vol. 79, No. 151
Wednesday, August 6, 2014
Title 3—
The President
Executive Order 13674 of July 31, 2014
Revised List of Quarantinable Communicable Diseases
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 264(b) of title 42,
United States Code, it is hereby ordered as follows:
Section 1. Amendment to Executive Order 13295. Based upon the rec-
ommendation of the Secretary of Health and Human Services, in consultation
with the Acting Surgeon General, and for the purposes set forth in section
1 of Executive Order 13295 of April 4, 2003, as amended by Executive
Order 13375 of April 1, 2005, section 1 of Executive Order 13295 shall
be further amended by replacing subsection (b) with the following:
‘‘(b) Severe acute respiratory syndromes, which are diseases that are associ-
ated with fever and signs and symptoms of pneumonia or other respiratory
illness, are capable of being transmitted from person to person, and that
either are causing, or have the potential to cause, a pandemic, or, upon
infection, are highly likely to cause mortality or serious morbidity if not
properly controlled. This subsection does not apply to influenza.’’
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity 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 31, 2014.
[FR Doc. 2014–18682
Filed 8–5–14; 8:45 am]
Billing code 3295–F4
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| Revised List of Quarantinable Communicable Diseases | 2014-07-31T00:00:00 | 6b64540b812b380488e0fc44c04d7f831f220be3e76a7f4363fa22c8a37e3fba |
Presidential Executive Order | 2014-23228 (13677) | Presidential Documents
58231
Federal Register
Vol. 79, No. 187
Friday, September 26, 2014
Title 3—
The President
Executive Order 13677 of September 23, 2014
Climate-Resilient International Development
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to safeguard security and economic
growth, protect the sustainability and long-term durability of U.S. develop-
ment work in vulnerable countries, and promote sound decisionmaking and
risk management, it is hereby ordered as follows:
Section 1. Policy. The world must reduce greenhouse gas emissions to prevent
the most dangerous consequences of climate change. Even with increased
efforts to curb these emissions, we must prepare for and adapt to the impacts
of climate change. The adverse impacts of climate change, including sea-
level rise, increases in temperatures, more frequent extreme precipitation
and heat events, more severe droughts, and increased wildfire activity, along
with other impacts of greenhouse gas emissions, such as ocean acidification,
threaten to roll back decades of progress in reducing poverty and improving
economic growth in vulnerable countries, compromise the effectiveness and
resilience of U.S. development assistance, degrade security, and risk
intranational and international conflict over resources.
Executive Order 13514 of October 5, 2009 (Federal Leadership in Environ-
mental, Energy, and Economic Performance), and Executive Order 13653
of November 1, 2013 (Preparing the United States for the Impacts of Climate
Change), established a strong foundation for coordinated and consistent ac-
tion to incorporate climate-resilience considerations into policies and proce-
dures throughout the Federal Government. Executive departments and agen-
cies (agencies) with international development programs must now build
upon the recent progress made pursuant to these orders by systematically
factoring climate-resilience considerations into international development
strategies, planning, programming, investments, and related funding deci-
sions, including the planning for and management of overseas facilities.
This order requires the integration of climate-resilience considerations into
all United States international development work to the extent permitted
by law. Dedicated U.S. climate-change adaptation funds are critical to man-
aging the risks posed by climate-change impacts in vulnerable countries.
Coping with the magnitude of the consequences of accelerating climate
change also requires enhanced efforts across the Federal Government’s broad-
er international development work. Consideration of current and future cli-
mate-change impacts will improve the resilience of the Federal Government’s
broader international development programs, projects, investments, overseas
facilities, and related funding decisions. The United States will also promote
a similar approach among relevant multilateral entities in which it partici-
pates.
By taking these steps and more fully considering current and future climate-
change impacts, the United States will foster better decision-making processes
and risk-management approaches, ensure the effectiveness of U.S. invest-
ments, and assist other countries in integrating climate-resilience consider-
ations into their own development planning and implementation. Collec-
tively, these efforts will help to better optimize broader international develop-
ment work and lead to enhanced global preparedness for and resilience
to climate change.
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The international climate-resilience actions required by this order com-
plement efforts by the Federal Government to reduce greenhouse gas emis-
sions at home and globally. The more greenhouse gas emissions are reduced,
the less need there will be to adapt to the impacts of a changing climate.
Sec. 2. Incorporating Climate Resilience into International Development.
(a) Agencies with direct international development programs and investments
shall:
(i) incorporate climate-resilience considerations into decisionmaking by:
(A) assessing and evaluating climate-related risks to and vulnerabilities
in agency strategies, planning, programs, projects, investments, overseas fa-
cilities, and related funding decisions, using best-available climate-change
data, tools, and information, including those identified or developed pursuant
to sections 3 and 4 of this order; and
(B) as appropriate, adjusting strategies, planning, programs, projects, invest-
ments, and related funding decisions, including the planning for and manage-
ment of overseas facilities, based on such assessments and evaluations;
(ii) collaborate with other agencies to share knowledge, data, tools, informa-
tion, frameworks, and lessons learned in incorporating climate-resilience
considerations into agency strategy, planning, programs, projects, invest-
ments, and related funding decisions, including the planning for and manage-
ment of overseas facilities;
(iii) work with other countries, as appropriate, to identify climate risks
and incorporate climate-resilience considerations into their international de-
velopment assistance efforts;
(iv) when determining how to use resources, support efforts of vulnerable
countries to integrate climate-resilience considerations into national, regional,
and sectoral development planning and action; and
(v) monitor progress in integrating and promoting climate-resilient develop-
ment considerations as required by this subsection.
(b) Agencies that participate in multilateral entities and other agencies
with representation in multilateral development entities, including multilat-
eral development banks and United Nations organizations, shall, as appro-
priate:
(i) work to encourage multilateral entities to:
(A) assess and evaluate climate-related risks to and vulnerabilities in their
strategies, planning, programs, projects, investments, and related funding
decisions, using best-available climate-change data, tools, and information;
and
(B) adjust their strategies, planning, programs, projects, investments, and
related funding decisions, as appropriate, based on such assessments and
evaluations;
(ii) collaborate with multilateral entities and share with agencies and
other stakeholders knowledge, data, tools, information, frameworks, and les-
sons learned from the multilateral entities in incorporating climate-resilience
considerations into strategies, planning, programs, projects, investments, and
related funding decisions;
(iii) encourage multilateral entities to support efforts of vulnerable countries
to integrate climate-resilience considerations into national, regional, and sec-
toral development planning and action; and
(iv) monitor the efforts of multilateral entities in integrating climate-resil-
ient development considerations as encouraged by this order.
Sec. 3. Enhancing Data, Tools, and Information for Climate-Resilient Inter-
national Development. Agencies with direct international development pro-
grams and investments and those that participate in multilateral entities
shall work together with science and security agencies and entities, through
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the Working Group on Climate-Resilient International Development estab-
lished in section 4 of this order, to identify and develop, as appropriate,
data, decision-support tools, and information to allow the screening for
and
incorporation
of
considerations
of
climate-change
risks
and
vulnerabilities, as appropriate, in strategies, plans, programs, projects, invest-
ments, and related funding decisions, including the planning for and manage-
ment of overseas facilities. In addition, such agencies shall coordinate efforts,
including those undertaken pursuant to Executive Order 13653, to deliver
information on climate-change impacts and make data, tools, and information
available to decisionmakers in other countries, so as to build their capacity
as information providers and users. United States participants in relevant
multilateral entities shall share this information with the respective multilat-
eral entity, as appropriate.
Sec. 4. Working Group on Climate-Resilient International Development. (a)
Establishment. There is established a Working Group on Climate-Resilient
International Development (Working Group) of the Council on Climate Pre-
paredness and Resilience (Council) established by Executive Order 13653.
The Secretary of the Treasury and the Administrator of the United States
Agency for International Development, or their designees, shall co-chair
the Working Group. Agencies with direct international development programs
and investments, agencies that participate in multilateral entities, and science
and security agencies and entities shall designate a representative from
their respective agencies or entities to participate in the Working Group.
Representatives from other agencies or entities may participate in the Working
Group as determined by the Co-Chairs.
(b) Mission and Function.
(i) The Working Group shall:
(A) develop, for agencies with direct international development programs
and investments, guidelines for integrating considerations of climate-change
risks and climate resilience into agency strategies, plans, programs, projects,
investments, and related funding decisions, including the planning for and
management of overseas facilities;
(B) assess and identify, for agencies with direct international development
programs and investments, existing climate-change data, tools, and informa-
tion, as described in section 3 of this order, to help agencies assess climate
risks and make decisions that incorporate climate-resilience considerations,
such as through project screening. To the extent the Working Group identifies
needs for new data, tools, and information, it shall work with relevant
science and security agencies and entities to advance their development,
as appropriate;
(C) identify approaches for adjusting strategies, planning, programs,
projects, investments, and related funding decisions, including the planning
for and management of overseas facilities, to respond to the findings of
climate-risk assessments;
(D) facilitate the exchange of knowledge, data, tools, information, frame-
works, and lessons learned in assessing climate risks to and incorporating
climate-resilience considerations into strategies, planning, programs, projects,
investments, and related funding decisions, including the planning for and
management of overseas facilities, of agencies with direct international devel-
opment programs and investments, including efforts referenced in section
3 of this order;
(E) work through existing channels to share best practices developed by
the Working Group with other donor countries and multilateral entities
to facilitate advancement of climate-resilient development policies;
(F) promote interagency collaboration, including through joint training;
and
(G) develop, for agencies with direct international development programs
and investments, methods for tracking and reporting on Federal Government
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progress in institutionalizing more climate-resilient development approaches,
including performance metrics.
(ii) The Co-Chairs of the Council may designate additional Co-Chairs of
the Working Group. The Co-Chairs of the Working Group may establish
sub-working groups, as appropriate.
Sec. 5. Implementation and Reporting of Progress. (a) Implementation. To
promote sustained focus on implementation, both at agency headquarters
and in the field, the Working Group shall:
(i) establish a 2-year timeline, divided into 6-month intervals, to implement
section 4(b)(i) of this order, setting forth specific goals to be accomplished
and milestones to be achieved; and
(ii) analyze, at least annually, the Federal Government’s progress in imple-
menting this order and provide recommendations for priority areas for further
implementation to the Council, Office of Management and Budget, National
Security Council, Council on Environmental Quality, Office of Science and
Technology Policy, and other agencies, offices, and entities, as appropriate.
(b) Reporting.
(i) Agencies with direct international development programs and invest-
ments shall report on and track progress in achieving the requirements
identified in section 2(a) of this order, including accomplished and planned
milestones, through the Federal Agency Planning process set forth in section
5 of Executive Order 13653. Once the Working Group has developed metrics
and methodologies as required by section 4(b)(i)(G) of this order, agency
reporting shall include an estimation of the proportion of each agency’s
direct international development programs and investments for which cli-
mate-risk assessments have been conducted, as well as an estimation of
the proportion of the programs and investments for which climate risk
was identified and acted upon.
(ii) Agencies that participate in multilateral entities shall report on the
efforts of multilateral entities in integrating climate-resilient development
considerations into their operations through the Federal Agency Planning
process set forth in section 5 of Executive Order 13653. Where more than
one agency is involved in the U.S. Government’s participation in a multilat-
eral entity, the lead agency for such participation shall be responsible for
reporting, in coordination with the other agencies involved.
Sec. 6. Climate-Change Mitigation. As agencies incorporate climate-resilience
considerations into international development work, they shall continue
seeking opportunities to help international partners promote sustainable low-
emissions development. The Federal Government has greatly increased the
number and variety of international development initiatives focused on cli-
mate-change mitigation, including programs to promote clean energy, energy
efficiency, and sustainable land-use and forestry practices, as well as partner-
ships with more than two dozen countries to formulate and implement
sustainable low-emissions development strategies. Within 1 year of the date
of this order, and building on the full range of efforts the United States
has undertaken to date, the National Security Council shall convene relevant
agencies and entities to explore further mitigation opportunities in broader
U.S. international development work and develop recommendations for fur-
ther action.
Sec. 7. Definitions. As used in this order:
(a) ‘‘Adaptation’’ has the meaning provided in section 8(b) of Executive
Order 13653: adjustment in natural or human systems in anticipation of
or response to a changing environment in a way that effectively uses bene-
ficial opportunities or reduces negative effects;
(b) ‘‘Direct international development programs and investments’’ refers
to:
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(i) bilateral, regional, and multilateral international development programs
and investments over which agencies have primary programmatic and finan-
cial management responsibilities; or
(ii) the extension of official financing by agencies bilaterally to private
sector investors to support international development;
(c) ‘‘Climate-change mitigation’’ refers to actions that reduce or enhance
removals of greenhouse gas emissions;
(d) ‘‘Resilience’’ has the meaning provided in section 8(c) of Executive
Order 13653: the ability to anticipate, prepare for, and adapt to changing
conditions and withstand, respond to, and recover rapidly from disruptions;
(e) ‘‘Agencies with direct international development programs and invest-
ments’’ means the Department of State, Department of Agriculture, Depart-
ment of the Interior, United States Agency for International Development,
Millennium Challenge Corporation, Overseas Private Investment Corporation,
United States Trade and Development Agency, and other relevant agencies
and entities, as determined by the Working Group Co-Chairs;
(f) ‘‘Science and security agencies and entities’’ means the Department
of the Interior, Department of Energy, Office of Science and Technology
Policy, National Oceanic and Atmospheric Administration, National Aero-
nautics and Space Administration, United States Global Change Research
Program, Office of the Director of National Intelligence, and other relevant
agencies and entities, as determined by the Working Group Co-Chairs; and
(g) ‘‘Agencies that participate in multilateral entities’’ means the Depart-
ment of the Treasury, Department of State, and other relevant agencies
and entities, as determined by the Working Group Co-Chairs.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law or Executive Order to an executive depart-
ment, agency, or head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with U.S. obligations under
international agreements and applicable U.S. law, and shall be subject to
the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
September 23, 2014.
[FR Doc. 2014–23228
Filed 9–25–14; 11:15 am]
Billing code 3295–F4
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| Climate-Resilient International Development | 2014-09-23T00:00:00 | c257d7ce5b4f4fe081707ffe9f2ae0d678833674657cf6c365ea9829a27a8ff5 |
Presidential Executive Order | 2014-18561 (13673) | Presidential Documents
45309
Federal Register
Vol. 79, No. 150
Tuesday, August 5, 2014
Title 3—
The President
Executive Order 13673 of July 31, 2014
Fair Pay and Safe Workplaces
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. 121, and in
order to promote economy and efficiency in procurement by contracting
with responsible sources who comply with labor laws, it is hereby ordered
as follows:
Section 1. Policy. This order seeks to increase efficiency and cost savings
in the work performed by parties who contract with the Federal Government
by ensuring that they understand and comply with labor laws. Labor laws
are designed to promote safe, healthy, fair, and effective workplaces. Contrac-
tors that consistently adhere to labor laws are more likely to have workplace
practices that enhance productivity and increase the likelihood of timely,
predictable, and satisfactory delivery of goods and services to the Federal
Government. Helping executive departments and agencies (agencies) to iden-
tify and work with contractors with track records of compliance will reduce
execution delays and avoid distractions and complications that arise from
contracting with contractors with track records of noncompliance.
Sec. 2. Compliance with Labor Laws. (a) Pre-award Actions. (i) For procure-
ment contracts for goods and services, including construction, where the
estimated value of the supplies acquired and services required exceeds
$500,000, each agency shall ensure that provisions in solicitations require
that the offeror represent, to the best of the offeror’s knowledge and belief,
whether there has been any administrative merits determination, arbitral
award or decision, or civil judgment, as defined in guidance issued by
the Department of Labor, rendered against the offeror within the preceding
3-year period for violations of any of the following labor laws and Executive
Orders (labor laws):
(A) the Fair Labor Standards Act;
(B) the Occupational Safety and Health Act of 1970;
(C) the Migrant and Seasonal Agricultural Worker Protection Act;
(D) the National Labor Relations Act;
(E) 40 U.S.C. chapter 31, subchapter IV, also known as the Davis-
Bacon Act;
(F) 41 U.S.C. chapter 67, also known as the Service Contract Act;
(G) Executive Order 11246 of September 24, 1965 (Equal Employment
Opportunity);
(H) section 503 of the Rehabilitation Act of 1973;
(I) 38 U.S.C. 3696, 3698, 3699, 4214, 4301–4306, also known as the
Vietnam Era Veterans’ Readjustment Assistance Act of 1974;
(J) the Family and Medical Leave Act;
(K) title VII of the Civil Rights Act of 1964;
(L) the Americans with Disabilities Act of 1990;
(M) the Age Discrimination in Employment Act of 1967;
(N) Executive Order 13658 of February 12, 2014 (Establishing a Minimum
Wage for Contractors); or
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(O) equivalent State laws, as defined in guidance issued by the Depart-
ment of Labor.
(ii) A contracting officer, prior to making an award, shall, as part of
the responsibility determination, provide an offeror with a disclosure pur-
suant to section 2(a)(i) of this order an opportunity to disclose any steps
taken to correct the violations of or improve compliance with the labor
laws listed in paragraph (i) of this subsection, including any agreements
entered into with an enforcement agency. The agency’s Labor Compliance
Advisor, as defined in section 3 of this order, in consultation with relevant
enforcement agencies, shall advise the contracting officer whether agree-
ments are in place or are otherwise needed to address appropriate remedial
measures, compliance assistance, steps to resolve issues to avoid further
violations, or other related matters.
(iii) In consultation with the agency’s Labor Compliance Advisor, con-
tracting officers shall consider the information provided pursuant to para-
graphs (i) and (ii) of this subsection in determining whether an offeror
is a responsible source that has a satisfactory record of integrity and
business ethics, after reviewing the guidelines set forth by the Department
of Labor and consistent with any final rules issued by the Federal Acquisi-
tion Regulatory (FAR) Council pursuant to section 4 of this order.
(iv) For any subcontract where the estimated value of the supplies acquired
and services required exceeds $500,000 and that is not for commercially
available off-the-shelf items, a contracting officer shall require that, at
the time of execution of the contract, a contractor represents to the con-
tracting agency that the contractor:
(A) will require each subcontractor to disclose any administrative merits
determination, arbitral award or decision, or civil judgment rendered
against the subcontractor within the preceding 3-year period for violations
of any of the requirements of the labor laws listed in paragraph (i) of
this subsection, and update the information every 6 months; and
(B) before awarding a subcontract, will consider the information sub-
mitted by the subcontractor pursuant to subparagraph (A) of this paragraph
in determining whether a subcontractor is a responsible source that has
a satisfactory record of integrity and business ethics, except for subcontracts
that are awarded or become effective within 5 days of contract execution,
in which case the information may be reviewed within 30 days of sub-
contract award.
(v) A contracting officer shall require that a contractor incorporate into
subcontracts covered by paragraph (iv) of this subsection a requirement
that the subcontractor disclose to the contractor any administrative merits
determination, arbitral award or decision, or civil judgment rendered
against the subcontractor within the preceding 3-year period for violations
of any of the requirements of the labor laws listed in paragraph (i) of
this subsection.
(vi) A contracting officer, Labor Compliance Advisor, and the Department
of Labor (or other relevant enforcement agency) shall be available, as
appropriate, for consultation with a contractor to assist in evaluating the
information on labor compliance submitted by a subcontractor pursuant
to paragraph (v) of this subsection.
(vii) As appropriate, contracting officers in consultation with the Labor
Compliance Advisor shall refer matters related to information provided
pursuant to paragraphs (i) and (iv) of this subsection to the agency sus-
pending and debarring official in accordance with agency procedures.
(b) Post-award Actions. (i) During the performance of the contract, each
agency shall require that every 6 months contractors subject to this order
update the information provided pursuant to subsection (a)(i) of this section
and obtain the information required pursuant to subsection (a)(v) of this
section for covered subcontracts.
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(ii) If information regarding violations of labor laws is brought to the
attention of a contracting officer pursuant to paragraph (i) of this sub-
section, or similar information is obtained through other sources, a con-
tracting officer shall consider whether action is necessary in consultation
with the agency’s Labor Compliance Advisor. Such action may include
agreements requiring appropriate remedial measures, compliance assist-
ance, and resolving issues to avoid further violations, as well as remedies
such as decisions not to exercise an option on a contract, contract termi-
nation, or referral to the agency suspending and debarring official.
(iii) A contracting officer shall require that if information regarding viola-
tions of labor laws by a contractor’s subcontractor is brought to the attention
of the contractor pursuant to subsections (a)(iv), (v) or (b)(i) of this section
or similar information is obtained through other sources, then the con-
tractor shall consider whether action is necessary. A contracting officer,
Labor Compliance Advisor, and the Department of Labor shall be available
for consultation with a contractor regarding appropriate steps it should
consider. Such action may include appropriate remedial measures, compli-
ance assistance, and resolving issues to avoid further violations.
(iv) The Department of Labor shall, as appropriate, inform contracting
agencies of its investigations of contractors and subcontractors on current
Federal contracts so that the agency can help the contractor determine
the best means to address any issues, including compliance assistance
and resolving issues to avoid or prevent violations.
(v) As appropriate, contracting officers in consultation with the Labor
Compliance Advisor shall send information provided pursuant to para-
graphs (i)–(iii) of this subsection to the agency suspending and debarring
official in accordance with agency procedures.
Sec. 3. Labor Compliance Advisors. Each agency shall designate a senior
agency official to be a Labor Compliance Advisor, who shall:
(a) meet quarterly with the Deputy Secretary, Deputy Administrator, or
equivalent agency official with regard to matters covered by this order;
(b) work with the acquisition workforce, agency officials, and agency
contractors to promote greater awareness and understanding of labor law
requirements, including recordkeeping, reporting, and notice requirements,
as well as best practices for obtaining compliance with these requirements;
(c) coordinate assistance for agency contractors seeking help in addressing
and preventing labor violations;
(d) in consultation with the Department of Labor or other relevant enforce-
ment agencies, and pursuant to section 4(b)(ii) of this order as necessary,
provide assistance to contracting officers regarding appropriate actions to
be taken in response to violations identified prior to or after contracts
are awarded, and address complaints in a timely manner, by:
(i) providing assistance to contracting officers and other agency officials
in reviewing the information provided pursuant to sections 2(a)(i), (ii),
and (v) and 2(b)(i), (ii), and (iii) of this order, or other information indi-
cating a violation of a labor law, so as to assess the serious, repeated,
willful, or pervasive nature of any violation and evaluate steps contractors
have taken to correct violations or improve compliance with relevant
requirements;
(ii) helping agency officials determine the appropriate response to address
violations of the requirements of the labor laws listed in section 2(a)(i)
of this order or other information indicating such a labor violation (particu-
larly serious, repeated, willful, or pervasive violations), including agree-
ments requiring appropriate remedial measures, decisions not to award
a contract or exercise an option on a contract, contract termination, or
referral to the agency suspending and debarring official;
(iii) providing assistance to appropriate agency officials in receiving and
responding to, or making referrals of, complaints alleging violations by
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agency contractors and subcontractors of the requirements of the labor
laws listed in section 2(a)(i) of this order; and
(iv) supporting contracting officers, suspending and debarring officials,
and other agency officials in the coordination of actions taken pursuant
to this subsection to ensure agency-wide consistency, to the extent prac-
ticable;
(e) as appropriate, send information to agency suspending and debarring
officials in accordance with agency procedures;
(f) consult with the agency’s Chief Acquisition Officer and Senior Procure-
ment Executive, and the Department of Labor as necessary, in the develop-
ment of regulations, policies, and guidance addressing labor law compliance
by contractors and subcontractors;
(g) make recommendations to the agency to strengthen agency management
of contractor compliance with labor laws;
(h) publicly report, on an annual basis, a summary of agency actions
taken to promote greater labor compliance, including the agency’s response
pursuant to this order to serious, repeated, willful, or pervasive violations
of the requirements of the labor laws listed in section 2(a)(i) of this order;
and
(i) participate in the interagency meetings regularly convened by the Sec-
retary of Labor pursuant to section 4(b)(iv) of this order.
Sec. 4. Ensuring Government-wide Consistency. In order to facilitate Govern-
ment-wide consistency in implementing the requirements of this order:
(a) to the extent permitted by law, the FAR Council shall, in consultation
with the Department of Labor, the Office of Management and Budget, relevant
enforcement agencies, and contracting agencies, propose to amend the Federal
Acquisition Regulation to identify considerations for determining whether
serious, repeated, willful, or pervasive violations of the labor laws listed
in section 2(a)(i) of this order demonstrate a lack of integrity or business
ethics. Such considerations shall apply to the integrity and business ethics
determinations made by both contracting officers and contractors pursuant
to this order. In addition, such proposed regulations shall:
(i) provide that, subject to the determination of the agency, in most cases
a single violation of law may not necessarily give rise to a determination
of lack of responsibility, depending on the nature of the violation;
(ii) ensure appropriate consideration is given to any remedial measures
or mitigating factors, including any agreements by contractors or other
corrective action taken to address violations; and
(iii) ensure that contracting officers and Labor Compliance Advisors send
information, as appropriate, to the agency suspending and debarring offi-
cial, in accordance with agency procedures.
(b) the Secretary of Labor shall:
(i) develop guidance, in consultation with the agencies responsible for
enforcing the requirements of the labor laws listed in section 2(a)(i) of
this order, to assist agencies in determining whether administrative merits
determinations, arbitral awards or decisions, or civil judgments were issued
for serious, repeated, willful, or pervasive violations of these requirements
for purposes of implementation of any final rule issued by the FAR Council
pursuant to this order. Such guidance shall:
(A) where available, incorporate existing statutory standards for assessing
whether a violation is serious, repeated, or willful; and
(B) where no statutory standards exist, develop standards that take into
account:
(1) for determining whether a violation is ‘‘serious’’ in nature, the
number of employees affected, the degree of risk posed or actual harm
done by the violation to the health, safety, or well-being of a worker,
the amount of damages incurred or fines or penalties assessed with
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regard to the violation, and other considerations as the Secretary finds
appropriate;
(2) for determining whether a violation is ‘‘repeated’’ in nature,
whether the entity has had one or more additional violations of the
same or a substantially similar requirement in the past 3 years;
(3) for determining whether a violation is ‘‘willful’’ in nature, whether
the entity knew of, showed reckless disregard for, or acted with plain
indifference to the matter of whether its conduct was prohibited by
the requirements of the labor laws listed in section 2(a)(i) of this
order; and
(4) for determining whether a violation is ‘‘pervasive’’ in nature, the
number of violations of a requirement or the aggregate number of vio-
lations of requirements in relation to the size of the entity;
(ii) develop processes:
(A) for Labor Compliance Advisors to consult with the Department
of Labor in carrying out their responsibilities under section 3(d) of this
order;
(B) by which contracting officers and Labor Compliance Advisors may
give appropriate consideration to determinations and agreements made
by the Department of Labor and other agencies; and
(C) by which contractors may enter into agreements with the Department
of Labor or other enforcement agency prior to being considered for con-
tracts.
(iii) review data collection requirements and processes, and work with
the Director of the Office of Management and Budget, the Administrator
for General Services, and other agency heads to improve those processes
and existing data collection systems, as necessary, to reduce the burden
on contractors and increase the amount of information available to agencies;
(iv) regularly convene interagency meetings of Labor Compliance Advisors
to share and promote best practices for improving labor law compliance;
and
(v) designate an appropriate contact for agencies seeking to consult with
the Department of Labor pursuant to this order;
(c) the Director of the Office of Management and Budget shall:
(i) work with the Administrator of General Services to include in the
Federal Awardee Performance and Integrity Information System informa-
tion provided by contractors pursuant to sections 2(a)(i) and (ii) and
2(b)(i) of this order, and data on the resolution of any issues related
to such information; and
(ii) designate an appropriate contact for agencies seeking to consult with
the Office of Management and Budget pursuant to this order;
(d) the Administrator of General Services, in consultation with other rel-
evant agencies, shall develop a single Web site for Federal contractors to
use for all Federal contract reporting requirements related to this order,
as well as any other Federal contract reporting requirements to the extent
practicable;
(e) in developing the guidance pursuant to subsection (b) of this section
and proposing to amend the Federal Acquisition Regulation pursuant to
subsection (a) of this section, the Secretary of Labor and the FAR Council,
respectively, shall minimize, to the extent practicable, the burden of com-
plying with this order for Federal contractors and subcontractors and in
particular small entities, including small businesses, as defined in section
3 of the Small Business Act (15 U.S.C. 632), and small nonprofit organiza-
tions; and
(f) agencies shall provide the Administrator of General Services with the
necessary data to develop the Web site described in subsection (d) of this
section.
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Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Presidential Documents
Sec. 5. Paycheck Transparency. (a) Agencies shall ensure that, for contracts
subject to section 2 of this order, provisions in solicitations and clauses
in contracts shall provide that, in each pay period, contractors provide
all individuals performing work under the contract for whom they are re-
quired to maintain wage records under the Fair Labor Standards Act; 40
U.S.C. chapter 31, subchapter IV (also known as the Davis-Bacon Act);
41 U.S.C. chapter 67 (also known as the Service Contract Act); or equivalent
State laws, with a document with information concerning that individual’s
hours worked, overtime hours, pay, and any additions made to or deductions
made from pay. Agencies shall also require that contractors incorporate
this same requirement into subcontracts covered by section 2 of this order.
The document provided to individuals exempt from the overtime compensa-
tion requirements of the Fair Labor Standards Act need not include a record
of hours worked if the contractor informs the individuals of their overtime
exempt status. These requirements shall be deemed to be fulfilled if the
contractor is complying with State or local requirements that the Secretary
of Labor has determined are substantially similar to those required by this
subsection.
(b) If the contractor is treating an individual performing work under a
contract or subcontract subject to subsection (a) of this section as an inde-
pendent contractor, and not an employee, the contractor must provide a
document informing the individual of this status.
Sec. 6. Complaint and Dispute Transparency. (a) Agencies shall ensure
that for all contracts where the estimated value of the supplies acquired
and services required exceeds $1 million, provisions in solicitations and
clauses in contracts shall provide that contractors agree that the decision
to arbitrate claims arising under title VII of the Civil Rights Act of 1964
or any tort related to or arising out of sexual assault or harassment may
only be made with the voluntary consent of employees or independent
contractors after such disputes arise. Agencies shall also require that contrac-
tors incorporate this same requirement into subcontracts where the estimated
value of the supplies acquired and services required exceeds $1 million.
(b) Subsection (a) of this section shall not apply to contracts or subcontracts
for the acquisition of commercial items or commercially available off-the-
shelf items.
(c) A contractor’s or subcontractor’s agreement under subsection (a) of
this section to arbitrate certain claims only with the voluntary post-dispute
consent of employees or independent contractors shall not apply with respect
to:
(i) employees who are covered by any type of collective bargaining agree-
ment negotiated between the contractor and a labor organization rep-
resenting them; or
(ii) employees or independent contractors who entered into a valid contract
to arbitrate prior to the contractor or subcontractor bidding on a contract
covered by this order, except that a contractor’s or subcontractor’s agree-
ment under subsection (a) of this section to arbitrate certain claims only
with the voluntary post-dispute consent of employees or independent
contractors shall apply if the contractor or subcontractor is permitted
to change the terms of the contract with the employee or independent
contractor, or when the contract is renegotiated or replaced.
Sec. 7. Implementing Regulations. In addition to proposing to amend the
Federal Acquisition Regulation as required by section 4(a) of this order,
the FAR Council shall propose such rules and regulations and issue such
orders as are deemed necessary and appropriate to carry out this order,
including sections 5 and 6, and shall issue final regulations in a timely
fashion after considering all public comments, as appropriate.
Sec. 8. Severability. If any provision of this order, or applying 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.
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Sec. 9. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an agency or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
Sec. 10. Effective Date. This order shall become effective immediately and
shall apply to all solicitations for contracts as set forth in any final rule
issued by the FAR Council under sections 4(a) and 7 of this order.
THE WHITE HOUSE,
July 31, 2014.
[FR Doc. 2014–18561
Filed 8–4–14; 8:45 am]
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Presidential Executive Order | 2014-12651 (13668) | Presidential Documents
31019
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Presidential Documents
Executive Order 13668 of May 27, 2014
Ending Immunities Granted to the Development Fund for
Iraq and Certain Other Iraqi Property and Interests in Prop-
erty Pursuant to Executive Order 13303, as Amended
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act, as amended (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), 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, have deter-
mined that the situation that gave rise to the actions taken in Executive
Order 13303 of May 22, 2003, to protect the Development Fund for Iraq
and certain other property in which the Government of Iraq has an interest
has been significantly altered. Recognizing the changed circumstances in
Iraq, including the Government of Iraq’s progress in resolving and managing
the risk associated with outstanding debts and claims arising from actions
of the previous regime, I hereby terminate the prohibitions contained in
section 1 of Executive Order 13303 of May 22, 2003, as amended by Executive
Order 13364 of November 29, 2004, on any attachment, judgment, decree,
lien, execution, garnishment, or other judicial process with respect to the
Development Fund for Iraq and Iraqi petroleum, petroleum products, and
interests therein, and the accounts, assets, investments, and other property
owned by, belonging to, or held by, in the name of, on behalf of, or otherwise
for, the Central Bank of Iraq. This action is not intended otherwise to
affect the national emergency declared in Executive Order 13303 of May
22, 2003, as expanded in scope by Executive Order 13315 of August 28,
2003, which shall remain in place. This action is also not intended to
affect immunities enjoyed by the Government of Iraq and its property under
otherwise applicable law.
I hereby order:
Section 1. The prohibitions set forth in section 1 of Executive Order 13303
of May 22, 2003, as amended by Executive Order 13364 of November 29,
2004, are hereby terminated.
Sec. 2. 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.
All agencies of the United States Government are hereby directed to take
all appropriate measures within their statutory authority to carry out the
provisions of this order.
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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.
Sec. 4. This order shall be transmitted to the Congress and published in
the Federal Register.
THE WHITE HOUSE,
May 27, 2014.
[FR Doc. 2014–12651
Filed 5–28–14; 11:15 am]
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| Ending Immunities Granted to the Development Fund for Iraq and Certain Other Iraqi Property and Interests in Property Pursuant to Executive Order 13303, as Amended | 2014-05-27T00:00:00 | 2c7f413bd839c5f442286f394457ca0e789c9c9ffac0e996dc566390af0dbe3a |
Presidential Executive Order | 2014-14432 (13670) | Presidential Documents
35029
Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Presidential Documents
Executive Order 13670 of June 14, 2014
Establishing an Emergency Board To Investigate Disputes Be-
tween the Southeastern Pennsylvania Transportation Author-
ity and Certain of Its Employees Represented by Certain
Labor Organizations
Disputes exist between the Southeastern Pennsylvania Transportation Author-
ity (SEPTA) and certain of its employees represented by certain labor organi-
zations. The labor organizations involved in these disputes are designated
on the attached list, which is made part of this order.
The disputes heretofore have not been adjusted under the provisions of
the Railway Labor Act, as amended, 45 U. S. C. 151–188 (RLA).
A party empowered by the RLA has requested that the President establish
an emergency board pursuant to section 9A of the RLA (45 U. S. C. 159a).
Section 9A(c) of the RLA provides that the President, upon such request,
shall appoint an emergency board to investigate and report on the disputes.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the RLA, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board). There is established,
effective 12:01 a.m. eastern daylight time on June 15, 2014, a Board of
three members to be appointed by the President to investigate and report
on these disputes. No member shall be pecuniarily or otherwise interested
in any organization of railroad employees or any carrier. The Board shall
perform its functions subject to the availability of funds.
Sec. 2. Report. The Board shall report to the President with respect to
the disputes within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the RLA,
for 120 days from the date of the creation of the Board, no change in
the conditions out of which the disputes arose shall be made by the parties
to the controversy, except by agreement of the parties.
Sec. 4. Records Maintenance. The records and files of the Board are records
of the Office of the President and upon the Board’s termination shall be
maintained in the physical custody of the National Mediation Board.
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Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
THE WHITE HOUSE,
June 14, 2014.
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Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Presidential Documents
LABOR ORGANIZATIONS
Brotherhood of Locomotive Engineers and Trainmen
International Brotherhood of Electrical Workers
[FR Doc. 2014–14432
Filed 6–17–14; 11:15 a.m.]
Billing code 3295–F4–P
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| Establishing an Emergency Board To Investigate Disputes Between the Southeastern Pennsylvania Transportation Authority and Certain of Its Employees Represented by Certain Labor Organizations | 2014-06-14T00:00:00 | cf92123a6ac76dd106eb7fa6fae6cc56622bf9abf28b587487b63f580004ae2c |
Presidential Executive Order | 2014-11442 (13667) | Presidential Documents
28387
Federal Register
Vol. 79, No. 94
Thursday, May 15, 2014
Title 3—
The President
Executive Order 13667 of May 12, 2014
Blocking Property of Certain Persons Contributing to the
Conflict in the Central African Republic
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations
Participation Act (22 U.S.C. 287c) (UNPA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code,
I, BARACK OBAMA, President of the United States of America, find that
the situation in and in relation to the Central African Republic, which
has been marked by a breakdown of law and order, intersectarian tension,
widespread violence and atrocities, and the pervasive, often forced recruit-
ment and use of child soldiers, which threatens the peace, security, or
stability of the Central African Republic and neighboring states, and which
was addressed by the United Nations Security Council in Resolution 2121
of October 10, 2013, Resolution 2127 of December 5, 2013, and Resolution
2134 of January 28, 2014, constitutes an unusual and extraordinary threat
to the national security and foreign policy of the United States, and I
hereby declare a national emergency to deal with that threat. I hereby
order:
Section 1. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person (including
any foreign branch), of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(A) to be responsible for or complicit in, or to have engaged in, directly
or indirectly, any of the following in or in relation to the Central African
Republic:
(1) actions or policies that threaten the peace, security, or stability
of the Central African Republic;
(2) actions or policies that threaten transitional agreements or the polit-
ical transition process in the Central African Republic;
(3) actions or policies that undermine democratic processes or institu-
tions in the Central African Republic;
(4) the targeting of women, children, or any civilians through the commis-
sion of acts of violence (including killing, maiming, torture, or rape or
other sexual violence), abduction, forced displacement, or attacks on
schools, hospitals, religious sites, or locations where civilians are seeking
refuge, or through conduct that would constitute a serious abuse or viola-
tion of human rights or a violation of international humanitarian law;
(5) the use or recruitment of children by armed groups or armed forces
in the context of the conflict in the Central African Republic;
(6) the obstruction of the delivery or distribution of, or access to, humani-
tarian assistance;
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(7) attacks against United Nations missions, international security
presences, or other peacekeeping operations; or
(8) support to persons, including armed groups, involved in activities
that threaten the peace, security, or stability of the Central African Republic
or that undermine democratic processes or institutions in the Central
African Republic through the illicit trade in natural resources of the Central
African Republic;
(B) except where intended for the authorized support of humanitarian
activities or the authorized use by or support of peacekeeping, inter-
national, or government forces, to have directly or indirectly supplied,
sold, or transferred to the Central African Republic, or been the recipient
in the territory of the Central African Republic of, arms and related mate-
riel, including military aircraft, and equipment, or advice, training, or
assistance, including financing and financial assistance, related to military
activities;
(C) to be a leader of (i) an entity, including any armed group, that has,
or whose members have, engaged in any of the activities described in
subsections (a)(ii)(A) or (a)(ii)(B) of this section or (ii) an entity whose
property and interests in property are blocked pursuant to this order;
(D) to have materially assisted, sponsored, or provided financial, material,
logistical, or technological support for, or goods or services in support
of (i) any of the activities described in subsections (a)(ii)(A) or (a)(ii)(B)
of this section or (ii) 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) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with this national emergency, and I hereby prohibit
such donations as provided by section 1 of this order.
Sec. 3. The prohibitions in section 1 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in section 1(a) of this order would be detrimental to the
interests of the United States, and I hereby suspend entry into the United
States, as immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of Proclamation 8693 of
July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Presidential Documents
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in this order, there need be no prior notice
of a listing or determination made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and 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. 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. 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)).
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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Presidential Documents
Sec. 11. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
Sec. 12. This order is effective at 12:01 a.m. eastern daylight time on May
13, 2014.
THE WHITE HOUSE,
May 12, 2014.
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[FR Doc. 2014–11442
Filed 5–14–14; 11:15 am]
Billing code 4811–33–C
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| Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic | 2014-05-12T00:00:00 | 7fec4a881106581073c09b880a1bbd19789ae0677020f122ee161cf537231675 |
Presidential Executive Order | 2014-09343 (13666) | Presidential Documents
22591
Federal Register / Vol. 79, No. 78 / Wednesday, April 23, 2014 / Presidential Documents
Executive Order 13666 of April 18, 2014
Expanding Eligibility for the Defense Meritorious Service
Medal
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 12019 of November 3, 1977 (Establishing the Defense Meri-
torious Service Medal), is amended by inserting ‘‘, or to any member of
the armed forces of a friendly foreign nation,’’ after ‘‘any member of the
Armed Forces of the United States’’.
THE WHITE HOUSE,
April 18, 2014.
[FR Doc. 2014–09343
Filed 4–22–14; 8:45 am]
Billing code 3295–F4
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Presidential Executive Order | 2014-07895 (13664) | Presidential Documents
19283
Federal Register
Vol. 79, No. 66
Monday, April 7, 2014
Title 3—
The President
Executive Order 13664 of April 3, 2014
Blocking Property of Certain Persons With Respect to South
Sudan
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code,
I, BARACK OBAMA, President of the United States of America, find that
the situation in and in relation to South Sudan, which has been marked
by activities that threaten the peace, security, or stability of South Sudan
and the surrounding region, including widespread violence and atrocities,
human rights abuses, recruitment and use of child soldiers, attacks on peace-
keepers, and obstruction of humanitarian operations, poses 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 foreign branch) of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in: any person
determined by the Secretary of the Treasury, in consultation with the Sec-
retary of State:
(i) to be responsible for or complicit in, or to have engaged in, directly
or indirectly, any of the following in or in relation to South Sudan:
(A) actions or policies that threaten the peace, security, or stability of
South Sudan;
(B) actions or policies that threaten transitional agreements or undermine
democratic processes or institutions in South Sudan;
(C) actions or policies that have the purpose or effect of expanding or
extending the conflict in South Sudan or obstructing reconciliation or
peace talks or processes;
(D) the commission of human rights abuses against persons in South
Sudan;
(E) the targeting of women, children, or any civilians through the commis-
sion of acts of violence (including killing, maiming, torture, or rape or
other sexual violence), abduction, forced displacement, or attacks on
schools, hospitals, religious sites, or locations where civilians are seeking
refuge, or through conduct that would constitute a serious abuse or viola-
tion of human rights or a violation of international humanitarian law;
(F) the use or recruitment of children by armed groups or armed forces
in the context of the conflict in South Sudan;
(G) the obstruction of the activities of international peacekeeping, diplo-
matic, or humanitarian missions in South Sudan, or of the delivery or
distribution of, or access to, humanitarian assistance; or
(H) attacks against United Nations missions, international security
presences, or other peacekeeping operations;
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(ii) to be a leader of (A) an entity, including any government, rebel
militia, or other group, that has, or whose members have, engaged in
any of the activities described in subsection (a)(i) of this section or (B)
an entity whose property and interests in property are blocked pursuant
to this order;
(iii) to have materially assisted, sponsored, or provided financial, material,
logistical, or technological support for, or goods or services in support
of (A) any of the activities described in subsection (a)(i) of this section
or (B) any person whose property and interests in property are blocked
pursuant to this order; or
(iv) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to this order.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided in this order and by 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.
Sec. 2. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with this national emergency, and I hereby prohibit
such donations as provided by section 1 of this order.
Sec. 3. The prohibitions in section 1 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in section 1(a) of this order would be detrimental to the
interests of the United States, and I hereby suspend entry into the United
States, as immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of Proclamation 8693 of
July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
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I therefore determine that for these measures to be effective in addressing
this national emergency, there need be no prior notice of a listing or deter-
mination made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government consistent with
applicable law. All agencies of the United States Government are hereby
directed to take all appropriate measures within their authority to carry
out the provisions of this order.
Sec. 9. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to submit the recurring and final reports
to the Congress on the national emergency declared in the order, consistent
with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 10. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity 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 3, 2014.
[FR Doc. 2014–07895
Filed 4–4–14; 11:15 am]
Billing code 3295–F4
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| Blocking Property of Certain Persons With Respect to South Sudan | 2014-04-03T00:00:00 | 2879cbfa31852dc9ceea56666048e086c30071b4af2671771636bf15663de169 |
Presidential Executive Order | 2014-14429 (13669) | Presidential Documents
34999
Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Presidential Documents
Executive Order 13669 of June 13, 2014
2014 Amendments to the Manual for Courts-Martial, United
States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946),
and in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order 12473 of April 13, 1984, as
amended, it is hereby ordered as follows:
Section 1. Part II, the Discussion for Part II, and the Analysis for Part
II 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 non-
judicial punishment proceedings, restraint, investigation, referral of charges,
trial in which arraignment occurred, or other action begun prior to the
effective date of this order, and any such nonjudicial punishment, restraint,
investigation, referral of charges, trial, or other action may proceed in the
same manner and with the same effect as if these amendments had not
been prescribed.
THE WHITE HOUSE,
June 13, 2014.
Billing code 3295–F4–P
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[FR Doc. 2014–14429
Filed 6–17–14; 11:15 a.m.]
Billing code 5001–06–C
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| 2014 Amendments to the Manual for Courts-Martial, United States | 2014-06-13T00:00:00 | 9e0f7894a0a92261cd73a1f03e801deeddfbe2a411116c9b7a8168c107c0d673 |
Presidential Executive Order | 2014-08426 (13665) | Presidential Documents
20749
Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Presidential Documents
Executive Order 13665 of April 8, 2014
Non-Retaliation for Disclosure of Compensation Information
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 take
further steps to promote economy and efficiency in Federal Government
procurement, it is hereby ordered as follows:
Section 1. Policy. This order is designed to promote economy and efficiency
in Federal Government procurement. It is the policy of the executive branch
to enforce vigorously the civil rights laws of the United States, including
those laws that prohibit discriminatory practices with respect to compensa-
tion. Federal contractors that employ such practices are subject to enforce-
ment action, increasing the risk of disruption, delay, and increased expense
in Federal contracting. Compensation discrimination also can lead to labor
disputes that are burdensome and costly.
When employees are prohibited from inquiring about, disclosing, or dis-
cussing their compensation with fellow workers, compensation discrimina-
tion is much more difficult to discover and remediate, and more likely
to persist. Such prohibitions (either express or tacit) also restrict the amount
of information available to participants in the Federal contracting labor
pool, which tends to diminish market efficiency and decrease the likelihood
that the most qualified and productive workers are hired at the market
efficient price. Ensuring that employees of Federal contractors may discuss
their compensation without fear of adverse action will enhance the ability
of Federal contractors and their employees to detect and remediate unlawful
discriminatory practices, which will contribute to a more efficient market
in Federal contracting.
Sec. 2. Amending Executive Order 11246. Section 202 of Executive Order
11246 of September 24, 1965, as amended, is hereby further amended as
follows:
(a) Paragraphs (3) through (7) are redesignated as paragraphs (4) through
(8).
(b) A new paragraph (3) is added to read as follows:
‘‘The contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee
or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This provision
shall not apply to instances in which an employee who has access to
the compensation information of other employees or applicants as a part
of such employee’s essential job functions discloses the compensation of
such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response
to a formal complaint or charge, in furtherance of an investigation, pro-
ceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor’s legal duty to furnish informa-
tion.’’
Sec. 3. Regulations. Within 160 days of the date of this order, the Secretary
of Labor shall propose regulations to implement the requirements of this
order.
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Sec. 4. 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. 5. General Provisions. (a) Nothing in this order shall be construed
to limit the rights of an employee or applicant for employment provided
under any provision of law. It also shall not be construed to prevent a
Federal contractor covered by this order from pursuing a defense, as long
as the defense is not based on a rule, policy, practice, agreement, or other
instrument that prohibits employees or applicants from discussing or dis-
closing their compensation or the compensation of other employees or appli-
cants, subject to paragraph (3) of section 202 of Executive Order 11246,
as added by this order.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department, agency, or the head
thereof; or
(ii) the functions of the Director of 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.
Sec. 6. Effective Date. This order shall become effective immediately, and
shall apply to contracts entered into on or after the effective date of rules
promulgated by the Department of Labor under section 3 of this order.
THE WHITE HOUSE,
April 8, 2014.
[FR Doc. 2014–08426
Filed 4–10–14; 11:15 am]
Billing code 3295–F4
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| Non-Retaliation for Disclosure of Compensation Information | 2014-04-08T00:00:00 | 9bddee56674c196f834ac6ba8b55af4fe44c04c38acaf7930848324e06c58011 |
Presidential Executive Order | 2014-04254 (13659) | Presidential Documents
10657
Federal Register
Vol. 79, No. 37
Tuesday, February 25, 2014
Title 3—
The President
Executive Order 13659 of February 19, 2014
Streamlining the Export/Import Process for America’s Busi-
nesses
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to reduce supply chain
barriers to commerce while continuing to protect our national security,
public health and safety, the environment, and natural resources, it is hereby
ordered as follows:
Section 1. Policy. The United States is the world’s largest economy and
the largest trading Nation. Trade is critical to the Nation’s prosperity—
fueling economic growth, supporting good jobs at home, raising living stand-
ards, and helping Americans provide for their families with affordable goods
and services. It is the policy of the United States to promote commerce
through the effective implementation of an ambitious 21st century trade
agenda and vigorous enforcement of our Nation’s laws relating to trade,
security, public health and safety, the environment, and natural resources.
In support of these goals, and to ensure that our Nation is well-positioned
to compete in an open, fair, and growing world economy, the Federal Govern-
ment must increase efforts to improve the technologies, policies, and other
controls governing the movement of goods across our national borders.
In particular, we must increase efforts to complete the development of
efficient and cost-effective trade processing infrastructure, such as the Inter-
national Trade Data System (ITDS), to modernize and simplify the way
that executive departments and agencies (agencies) interact with traders.
We must also improve the broader trade environment through the develop-
ment of innovative policies and operational processes that promote effective
application of regulatory controls, collaborative arrangements with stake-
holders, and a reduction of unnecessary procedural requirements that add
costs to both agencies and industry and undermine our Nation’s economic
competitiveness. By demonstrating our commitment to utilizing technology,
coordinating government processes, fulfilling international obligations, and
embracing innovative approaches to promote new opportunities for trade
facilitation in the 21st century, we can lead by example and partner with
other countries willing to adopt similar programs. This will encourage com-
pliance with applicable laws and, more broadly, result in a more prosperous,
safe, secure, and sustainable trading environment for all.
Sec. 2. Policy Coordination. Policy coordination, guidance, dispute resolution,
and periodic reviews for the functions and programs set forth in this order
shall be provided through the interagency process established in Presidential
Policy Directive–1 of February 13, 2009 (Organization of the National Security
Council System), or any successor.
Sec. 3. International Trade Data System. The ITDS, as described in section
405 of the Security and Accountability for Every Port Act of 2006 (the
‘‘SAFE Port Act’’) (Public Law 109–347), is an electronic information ex-
change capability, or ‘‘single window,’’ through which businesses will trans-
mit data required by participating agencies for the importation or exportation
of cargo. To enhance Federal coordination associated with the development
of the ITDS and to provide necessary transparency to businesses, agencies,
and other potential users:
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(a) by December 31, 2016, participating agencies shall have capabilities,
agreements, and other requirements in place to utilize the ITDS and sup-
porting systems, such as the Automated Commercial Environment, as the
primary means of receiving from users the standard set of data and other
relevant documentation (exclusive of applications for permits, licenses, or
certifications) required for the release of imported cargo and clearance of
cargo for export;
(b) by December 31, 2016, the Department of Homeland Security shall
confirm to the Secretary of the Treasury and the ITDS Board of Directors
(Board), which serves as the Interagency Steering Committee established
under section 405 of the SAFE Port Act, that the ITDS has the operational
capabilities to enable users to:
(i) transmit a harmonized set of import and export data elements, to
be collected, stored, and shared, via a secure single window, to fulfill
U.S. Government requirements for the release and clearance of goods;
and
(ii) transition from paper-based requirements and procedures to faster
and more cost-effective electronic submissions to, and communications
with, agencies;
(c) the Board shall, in consultation with ITDS participating agencies, define
the standard set of data elements to be collected, stored, and shared in
the ITDS; and continue to periodically review those data elements in order
to update the standard set of data elements, as necessary;
(d) the Board shall continue to assist the Secretary of the Treasury in
overseeing the implementation of, and participation in, the ITDS, including
the establishment of the ITDS capabilities and requirements associated with
the collection from users and distribution to relevant agencies of standard
electronic import and export data; and
(e) the Board shall make publicly available a timeline outlining the develop-
ment and delivery of the secure ITDS capabilities, as well as agency imple-
mentation plans and schedules. Agencies shall take such steps as are nec-
essary to meet the timeline, including timely completion of all appropriate
agreements, including memoranda of understanding, and other required docu-
ments that establish procedures and guidelines for the secure exchange
and safeguarding of data among agencies and, as appropriate, with other
Federal Government entities.
Sec. 4. Establishment of the Border Interagency Executive Council. (a) There
is established the Border Interagency Executive Council (BIEC), an inter-
agency working group to be chaired by the Secretary of Homeland Security
or a senior-level designee from the Department. The BIEC shall also have
a Vice Chair, selected every 2 years from among the members of the BIEC
by a process determined by the members. The BIEC shall develop policies
and processes to enhance coordination across customs, transport security,
health and safety, sanitary, conservation, trade, and phytosanitary agencies
with border management authorities and responsibilities to measurably im-
prove supply chain processes and improve identification of illicit shipments.
(b) The Department of Homeland Security shall provide funding and ad-
ministrative support for the BIEC, to the extent permitted by law.
(c) In addition to the Chair and Vice Chair, the BIEC shall include des-
ignated senior-level representatives from agencies that provide approval be-
fore goods can be imported and exported, including the Departments of
State, the Treasury, Defense, the Interior, Agriculture, Commerce, Health
and Human Services, Transportation, and Homeland Security, the Environ-
mental Protection Agency, and other agencies with border management inter-
ests or authorities, as determined by the Chair and Vice Chair. The BIEC
shall also include appropriate representatives from the Executive Office of
the President.
Sec. 5. Functions of the BIEC. The BIEC shall:
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(a) develop common risk management principles and methods to inform
agency operations associated with the review and release of cargo at the
border and encourage compliance with applicable law;
(b) develop policies and processes to orchestrate, improve, and accelerate
agency review of electronic trade data transmitted through relevant systems
and provide coordinated and streamlined responses back to users to facilitate
trade and support and advance compliance with applicable laws and inter-
national agreements, including (in coordination with, and as recommenda-
tions to, the Board) policies and processes designed to assist the Secretary
of the Treasury, as appropriate, with activities related to the ITDS;
(c) identify opportunities to streamline Federal Government systems and
reduce costs through the elimination of redundant capabilities or through
enhanced utilization of the Automated Commercial Environment capabilities
as a means of improving supply chain management processes;
(d) assess, in collaboration with the Board, the business need, feasibility,
and potential benefits of developing or encouraging the private-sector devel-
opment of web-based interfaces to electronic data systems, including the
ITDS, for individuals and small businesses;
(e) engage with and consider the advice of industry and other relevant
stakeholders regarding opportunities to improve supply chain management
processes, with the goal of promoting economic competitiveness through
enhanced trade facilitation and enforcement;
(f) encourage other countries to develop similar single window systems
to facilitate the sharing of relevant data, as appropriate, across governmental
systems and with trading partners; and
(g) assess, in consultation with the Department of the Treasury, opportuni-
ties to facilitate electronic payment of duties, taxes, fees, and charges due
at importation. The Federal Government endorses electronic payment of
duties, taxes, fees, and charges due at importation, and currently allows
payment electronically through various systems.
Sec. 6. Regulatory Review. To support the Federal Government’s rapid devel-
opment of the ITDS that, to the greatest extent possible, relies upon the
collection, exchange, and processing of electronic data, each agency that
utilizes the ITDS shall:
(a) as part of the retrospective review report due to the Office of Information
and Regulatory Affairs (OIRA) on July 14, 2014, pursuant to Executive Order
13610 of May 10, 2012 (Identifying and Reducing Regulatory Burdens),
unless directed otherwise through subsequent guidance from OIRA, deter-
mine whether any regulations should be modified to achieve the requirements
set forth in this order; and
(b) promptly initiate rulemaking proceedings to implement necessary regu-
latory modifications identified pursuant to subsection (a) of this section.
Sec. 7. Reports. (a) Within 180 days of the date of this order, agencies
with border management interests or authorities shall report to the Board
on their anticipated use of international standards for product classification
and identification.
(b) By July 1, 2014, and every year thereafter until July 2016, the BIEC,
in consultation with the Board, shall provide to the President, through
the Assistant to the President for Homeland Security and Counterterrorism,
a report on the implementation of section 5 of this order.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law, and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(d) Independent agencies are strongly encouraged to comply with the
requirements of this order.
THE WHITE HOUSE,
February 19, 2014.
[FR Doc. 2014–04254
Filed 2–24–14; 11:15 am]
Billing code 3295–F4
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| Streamlining the Export/Import Process for America's Businesses | 2014-02-19T00:00:00 | c64ec5b5d0dccd61878b26a3aa18eb3f0d57ab4d0fc8dda3247cd7d595c14e0c |
Presidential Executive Order | 2014-03805 (13658) | Presidential Documents
9851
Federal Register
Vol. 79, No. 34
Thursday, February 20, 2014
Title 3—
The President
Executive Order 13658 of February 12, 2014
Establishing a Minimum Wage for Contractors
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote
economy and efficiency in procurement by contracting with sources who
adequately compensate their workers, it is hereby ordered as follows:
Section 1. Policy. This order seeks to increase efficiency and cost savings
in the work performed by parties who contract with the Federal Government
by increasing to $10.10 the hourly minimum wage paid by those contractors.
Raising the pay of low-wage workers increases their morale and the produc-
tivity and quality of their work, lowers turnover and its accompanying
costs, and reduces supervisory costs. These savings and quality improvements
will lead to improved economy and efficiency in Government procurement.
Sec. 2. Establishing a minimum wage for Federal contractors and subcontrac-
tors. (a) Executive departments and agencies (agencies) shall, to the extent
permitted by law, ensure that new contracts, contract-like instruments, and
solicitations (collectively referred to as ‘‘contracts’’), as described in section
7 of this order, include a clause, which the contractor and any subcontractors
shall incorporate into lower-tier subcontracts, specifying, as a condition
of payment, that the minimum wage to be paid to workers, including workers
whose wages are calculated pursuant to special certificates issued under
29 U.S.C. 214(c), in the performance of the contract or any subcontract
thereunder, shall be at least:
(i) $10.10 per hour beginning January 1, 2015; and
(ii) beginning January 1, 2016, and annually thereafter, an amount deter-
mined by the Secretary of Labor (Secretary). The amount shall be published
by the Secretary at least 90 days before such new minimum wage is
to take effect and shall be:
(A) not less than the amount in effect on the date of such determination;
(B) increased from such amount by the annual percentage increase in
the Consumer Price Index for Urban Wage Earners and Clerical Workers
(United States city average, all items, not seasonally adjusted), or its
successor publication, as determined by the Bureau of Labor Statistics;
and
(C) rounded to the nearest multiple of $0.05.
(b) In calculating the annual percentage increase in the Consumer Price
Index for purposes of subsection (a)(ii)(B) of this section, the Secretary
shall compare such Consumer Price Index for the most recent month, quarter,
or year available (as selected by the Secretary prior to the first year for
which a minimum wage is in effect pursuant to subsection (a)(ii)(B)) with
the Consumer Price Index for the same month in the preceding year, the
same quarter in the preceding year, or the preceding year, respectively.
(c) Nothing in this order shall excuse noncompliance with any applicable
Federal or State prevailing wage law, or any applicable law or municipal
ordinance establishing a minimum wage higher than the minimum wage
established under this order.
Sec. 3. Application to tipped workers. (a) For workers covered by section
2 of this order who are tipped employees pursuant to 29 U.S.C. 203(t),
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the hourly cash wage that must be paid by an employer to such workers
shall be at least:
(i) $4.90 an hour, beginning on January 1, 2015;
(ii) for each succeeding 1-year period until the hourly cash wage under
this section equals 70 percent of the wage in effect under section 2
of this order for such period, an hourly cash wage equal to the amount
determined under this section for the preceding year, increased by the
lesser of:
(A) $0.95; or
(B) the amount necessary for the hourly cash wage under this section
to equal 70 percent of the wage under section 2 of this order; and
(iii) for each subsequent year, 70 percent of the wage in effect under
section 2 for such year rounded to the nearest multiple of $0.05.
(b) Where workers do not receive a sufficient additional amount on account
of tips, when combined with the hourly cash wage paid by the employer,
such that their wages are equal to the minimum wage under section 2
of this order, the cash wage paid by the employer, as set forth in this
section for those workers, shall be increased such that their wages equal
the minimum wage under section 2 of this order. Consistent with applicable
law, if the wage required to be paid under the Service Contract Act, 41
U.S.C. 6701 et seq., or any other applicable law or regulation is higher
than the wage required by section 2, the employer shall pay additional
cash wages sufficient to meet the highest wage required to be paid.
Sec. 4. Regulations and Implementation. (a) The Secretary shall issue regula-
tions by October 1, 2014, to the extent permitted by law and consistent
with the requirements of the Federal Property and Administrative Services
Act, to implement the requirements of this order, including providing exclu-
sions from the requirements set forth in this order where appropriate. To
the extent permitted by law, within 60 days of the Secretary issuing such
regulations, the Federal Acquisition Regulatory Council shall issue regula-
tions in the Federal Acquisition Regulation to provide for inclusion of the
contract clause in Federal procurement solicitations and contracts subject
to this order.
(b) Within 60 days of the Secretary issuing regulations pursuant to sub-
section (a) of this section, agencies shall take steps, to the extent permitted
by law, to exercise any applicable authority to ensure that contracts as
described in section 7(d)(i)(C) and (D) of this order, entered into after January
1, 2015, consistent with the effective date of such agency action, comply
with the requirements set forth in sections 2 and 3 of this order.
(c) Any regulations issued pursuant to this section should, to the extent
practicable and consistent with section 8 of this order, incorporate existing
definitions, procedures, remedies, and enforcement processes under the Fair
Labor Standards Act, 29 U.S.C. 201 et seq.; the Service Contract Act, 41
U.S.C. 6701 et seq.; and the Davis-Bacon Act, 40 U.S.C. 3141 et seq.
Sec. 5. Enforcement. (a) The Secretary shall have the authority for inves-
tigating potential violations of and obtaining compliance with this order.
(b) This order creates no rights under the Contract Disputes Act, and
disputes regarding whether a contractor has paid the wages prescribed by
this order, to the extent permitted by law, shall be disposed of only as
provided by the Secretary in regulations issued pursuant to this order.
Sec. 6. Severability. If any provision of this order, or applying 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. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an agency or the head thereof; or
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(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(d) This order shall apply only to a new contract or contract-like instru-
ment, as defined by the Secretary in the regulations issued pursuant to
section 4(a) of this order, if:
(i) (A) it is a procurement contract for services or construction;
(B) it is a contract or contract-like instrument for services covered by
the Service Contract Act;
(C) it is a contract or contract-like instrument for concessions, including
any concessions contract excluded by Department of Labor regulations
at 29 C.F.R. 4.133(b); or
(D) it is a contract or contract-like instrument entered into with the
Federal Government in connection with Federal property or lands and
related to offering services for Federal employees, their dependents, or
the general public; and
(ii) the wages of workers under such contract or contract-like instrument
are governed by the Fair Labor Standards Act, the Service Contract Act,
or the Davis-Bacon Act.
(e) For contracts or contract-like instruments covered by the Service Con-
tract Act or the Davis-Bacon Act, this order shall apply only to contracts
or contract-like instruments at the thresholds specified in those statutes.
For procurement contracts where workers’ wages are governed by the Fair
Labor Standards Act, this order shall apply only to contracts or contract-
like instruments that exceed the micro-purchase threshold, as defined in
41 U.S.C. 1902(a), unless expressly made subject to this order pursuant
to regulations or actions taken under section 4 of this order.
(f) This order shall not apply to grants; contracts and agreements with
and grants to Indian Tribes under the Indian Self-Determination and Edu-
cation Assistance Act (Public Law 93–638), as amended; or any contracts
or contract-like instruments expressly excluded by the regulations issued
pursuant to section 4(a) of this order.
(g) Independent agencies are strongly encouraged to comply with the
requirements of this order.
Sec. 8. Effective Date. (a) This order is effective immediately and shall
apply to covered contracts where the solicitation for such contract has
been issued on or after:
(i) January 1, 2015, consistent with the effective date for the action taken
by the Federal Acquisition Regulatory Council pursuant to section 4(a)
of this order; or
(ii) for contracts where an agency action is taken pursuant to section
4(b) of this order, January 1, 2015, consistent with the effective date
for such action.
(b) This order shall not apply to contracts or contract-like instruments
entered into pursuant to solicitations issued on or before the effective date
for the relevant action taken pursuant to section 4 of this order.
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(c) For all new contracts and contract-like instruments negotiated between
the date of this order and the effective dates set forth in this section,
agencies are strongly encouraged to take all steps that are reasonable and
legally permissible to ensure that individuals working pursuant to those
contracts and contract-like instruments are paid an hourly wage of at least
$10.10 (as set forth under sections 2 and 3 of this order) as of the effective
dates set forth in this section.
THE WHITE HOUSE,
February 12, 2014.
[FR Doc. 2014–03805
Filed 2–19–14; 11:15 am]
Billing code 3295–F4
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| Establishing a Minimum Wage for Contractors | 2014-02-12T00:00:00 | fdd82f161d46f8df4d585cc563249e44b8a2654822194b9cebfa6eebdb3ac8bd |
Presidential Executive Order | 2014-03474 (13657) | Presidential Documents
8823
Federal Register
Vol. 79, No. 31
Friday, February 14, 2014
Title 3—
The President
Executive Order 13657 of February 10, 2014
Changing the Name of the National Security Staff to the Na-
tional Security Council Staff
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to reflect my decision
to change the name of the National Security Staff to the National Security
Council staff, it is hereby ordered as follows:
Section 1. Name Change. All references to the National Security Staff or
Homeland Security Council Staff in any Executive Order or Presidential
directive shall be understood to refer to the staff of the National Security
Council.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
February 10, 2014.
[FR Doc. 2014–03474
Filed 2–13–14; 8:45 am]
Billing code 3295–F4
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Presidential Executive Order | 2014-06141 (13661) | Presidential Documents
15535
Federal Register
Vol. 79, No. 53
Wednesday, March 19, 2014
Title 3—
The President
Executive Order 13661 of March 16, 2014
Blocking Property of Additional Persons Contributing to the
Situation in Ukraine
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code,
I, BARACK OBAMA, President of the United States of America, hereby
expand the scope of the national emergency declared in Executive Order
13660 of March 6, 2014, finding that the actions and policies of the Govern-
ment of the Russian Federation with respect to Ukraine—including the recent
deployment of Russian Federation military forces in the Crimea region of
Ukraine—undermine democratic processes and institutions in Ukraine;
threaten its peace, security, stability, sovereignty, and territorial integrity;
and contribute to the misappropriation of its assets, and thereby constitute
an unusual and extraordinary threat to the national security and foreign
policy of the United States. Accordingly, I hereby order:
Section 1. (a) All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or hereafter
come within the possession or control of any United States person (including
any foreign branch) of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) persons determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(A) to be an official of the Government of the Russian Federation;
(B) to operate in the arms or related materiel sector in the Russian
Federation;
(C) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly:
(1) a senior official of the Government of the Russian Federation; or
(2) a person whose property and interests in property are blocked pur-
suant to this order; or
(D) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of:
(1) a senior official of the Government of the Russian Federation; or
(2) a person whose property and interests in property are blocked pur-
suant to this order.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in section 1(a) of this order would be detrimental to the
interests of the United States, and I hereby suspend entry into the United
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States, as immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of Proclamation 8693 of
July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 3. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in Executive Order
13660, and I hereby prohibit such donations as provided by section 1 of
this order.
Sec. 4. The prohibitions in section 1 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States; and
(d) the term the ‘‘Government of the Russian Federation’’ means the Gov-
ernment of the Russian Federation, any political subdivision, agency, or
instrumentality thereof, including the Central Bank of the Government of
the Russian Federation, and any person owned or controlled by, or acting
for or on behalf of, the Government of the Russian Federation.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 13660, there need be
no prior notice of a listing or determination made pursuant to section
1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA, as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government consistent with
applicable law. All agencies of the United States Government are hereby
directed to take all appropriate measures within their authority to carry
out the provisions of this order.
Sec. 9. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to determine that circumstances no longer
warrant the blocking of the property and interests in property of a person
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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. This order is effective at 12:01 a.m. eastern daylight time on March
17, 2014.
THE WHITE HOUSE,
March 16, 2014.
Billing code 3295–F4–P
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[FR Doc. 2014–06141
Filed 3–18–14; 8:45 am]
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| Blocking Property of Additional Persons Contributing to the Situation in Ukraine | 2014-03-16T00:00:00 | 01af11ab5ad817a31750f5b506a657d15fc52cf464354c1ab9bfa3da2f3bfeeb |
Presidential Executive Order | 2014-05323 (13660) | Presidential Documents
13493
Federal Register
Vol. 79, No. 46
Monday, March 10, 2014
Title 3—
The President
Executive Order 13660 of March 6, 2014
Blocking Property of Certain Persons Contributing to the Sit-
uation in Ukraine
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title
3, United States Code,
I, BARACK OBAMA, President of the United States of America, find that
the actions and policies of persons including persons who have asserted
governmental authority in the Crimean region without the authorization
of the Government of Ukraine that undermine democratic processes and
institutions in Ukraine; threaten its peace, security, stability, sovereignty,
and territorial integrity; and contribute to the misappropriation of its assets,
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 foreign branch) of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in: any person
determined by the Secretary of the Treasury, in consultation with the Sec-
retary of State:
(i) to be responsible for or complicit in, or to have engaged in, directly
or indirectly, any of the following:
(A) actions or policies that undermine democratic processes or institutions
in Ukraine;
(B) actions or policies that threaten the peace, security, stability, sov-
ereignty, or territorial integrity of Ukraine; or
(C) misappropriation of state assets of Ukraine or of an economically
significant entity in Ukraine;
(ii) to have asserted governmental authority over any part or region of
Ukraine without the authorization of the Government of Ukraine;
(iii) to be a leader of an entity that has, or whose members have, engaged
in any activity described in subsection (a)(i) or (a)(ii) of this section
or of an entity whose property and interests in property are blocked
pursuant to this order;
(iv) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
any activity described in subsection (a)(i) or (a)(ii) of this section or
any person whose property and interests in property are blocked pursuant
to this order; or
(v) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to this order.
(b) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
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Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Presidential Documents
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or more
of the criteria in subsection 1(a) of this order would be detrimental to
the interests of the United States, and I hereby suspend entry into the
United States, as immigrants or nonimmigrants, of such persons. Such per-
sons shall be treated as persons covered by section 1 of Proclamation 8693
of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations
Security Council Travel Bans and International Emergency Economic Powers
Act Sanctions).
Sec. 3. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in this order,
and I hereby prohibit such donations as provided by section 1 of this
order.
Sec. 4. The prohibitions in section 1 of this order include but are not
limited to:
(a) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of the prohibi-
tions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in this order, there need be no prior notice
of a listing or determination made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA, as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government consistent with
applicable law. All agencies of the United States Government are hereby
directed to take all appropriate measures within their authority to carry
out the provisions of this order.
Sec. 9. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to submit the recurring and final reports
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Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Presidential Documents
to the Congress on the national emergency declared in this order, consistent
with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 10. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
March 6, 2014.
[FR Doc. 2014–05323
Filed 3–7–14; 11:15 am]
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