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Presidential Executive Order | 02-5069 (13258) | Presidential Documents
9385
Federal Register
Vol. 67, No. 40
Thursday, February 28, 2002
Title 3—
The President
Executive Order 13258 of February 26, 2002
Amending Executive Order 12866 on Regulatory Planning
and Review
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered that Executive
Order 12866, of September 30, 1993, is amended as follows:
Section 1. Section (2)(b) is amended by striking ‘‘, the Vice President, and
other regulatory policy advisors’’ and inserting in lieu thereof ‘‘and regulatory
policy advisors’’.
Sec. 2. Section (2)(c) is amended by:
(a) striking in the heading the words ‘‘The Vice President’’ and inserting
in lieu thereof ‘‘Assistance’’;
(b) striking the sentence that begins ‘‘The Vice President is’’;
(c) striking ‘‘In fulfilling their responsibilities’’ and inserting in lieu thereof
‘‘In fulfilling his responsibilities’’; and
(d) striking ‘‘and the Vice President’’ both times it appears.
Sec. 3. Section 3(a) is amended by:
(a) striking ‘‘and Vice President’’;
(b) striking ‘‘the Assistant to the President for Science and Technology’’
and inserting in lieu thereof ‘‘the Director of the Office of Science and
Technology Policy’’;
(c) striking ‘‘the Assistant to the President for Intergovernmental Affairs’’
and inserting in lieu thereof ‘‘the Deputy Assistant to the President and
Director for Intergovernmental Affairs’’;
(d) striking ‘‘the Deputy Assistant to the President and Director of the
White House Office of Environmental Policy’’ and inserting in lieu thereof
‘‘the Chairman of the Council on Environmental Quality and Director of
the Office of Environmental Quality’’; and
(e) striking ‘‘and (12)’’ and inserting in lieu thereof ‘‘(12) the Assistant
to the President for Homeland Security; and (13)’’.
Sec. 4. Section 4(a) is amended by striking ‘‘the Vice President shall convene’’
and inserting in lieu thereof ‘‘the Director shall convene’’.
Sec. 5. Section 4(c)(3) is amended by striking ‘‘, the Advisors, and the
Vice President’’ and inserting in lieu thereof ‘‘and the Advisors’’.
Sec. 6. Section 4(c)(4) is amended by striking ‘‘, the Advisors, and the
Vice President’’ and inserting in lieu thereof ‘‘and the Advisors’’.
Sec. 7. Section 4(c)(5) is amended by striking ‘‘, the Advisors, and the
Vice President’’ and inserting in lieu thereof ‘‘and the Advisors’’.
Sec. 8. Section 4(c)(6) is amended by striking ‘‘Vice President, with the
Advisors’ assistance,’’ and inserting in lieu thereof ‘‘Director’’.
Sec. 9. Section 4(d) is amended by:
(a) striking ‘‘, the Advisors, and the Vice President’’ and inserting in
lieu thereof ‘‘and the Advisors’’; and
(b) striking ‘‘periodically advise the Vice President’’ and inserting in lieu
thereof ‘‘periodically advise the Director’’.
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Federal Register / Vol. 67, No. 40 / Thursday, February 28, 2002 / Presidential Documents
Sec. 10. Section 5(c) is amended by striking ‘‘Vice President’’ and inserting
in lieu thereof ‘‘Director’’.
Sec. 11. Section 6(b)(4)(C)(i) is amended by striking ‘‘Vice Presidential and’’.
Sec. 12. Section 7 is amended by:
(a) striking ‘‘resolved by the President, or by the Vice President acting
at the request of the President’’ and inserting in lieu thereof ‘‘resolved
by the President, with the assistance of the Chief of Staff to the President
(‘‘Chief of Staff’’)’’;
(b) striking ‘‘Vice Presidential and Presidential consideration’’ and inserting
in lieu thereof ‘‘Presidential consideration’’;
(c) striking ‘‘recommendations developed by the Vice President’’ and insert-
ing in lieu thereof ‘‘recommendations developed by the Chief of Staff’’;
(d) striking ‘‘Vice Presidential and Presidential review period’’ and insert-
ing in lieu thereof ‘‘Presidential review period’’;
(e) striking ‘‘or to the staff of the Vice President’’ and inserting in lieu
thereof ‘‘or to the staff of the Chief of Staff’’;
(f) striking ‘‘the President, or the Vice President acting at the request
of the President, shall notify’’ and insert in lieu thereof ‘‘the President,
or the Chief of Staff acting at the request of the President, shall notify’’.
Sec. 13. Section 7 is also amended in the first paragraph by inserting
the designation ‘‘(a)’’ after the words ‘‘Resolution of Conflicts.’’, and by
designating the following three paragraphs as ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ in
order.
Sec. 14. Section 8 is amended by striking ‘‘Vice President’’ both times
it appears and inserting in lieu thereof ‘‘Director’’.
W
THE WHITE HOUSE,
February 26, 2002.
[FR Doc. 02–5069
Filed 2–27–02; 12:11 pm]
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| Amending Executive Order 12866 on Regulatory Planning and Review | 2002-02-26T00:00:00 | d89684a7a1bc57d6e19085bdd9f0d44613f72cd67dbcd5568669cdc2d4f1c758 |
Presidential Executive Order | 02-7087 (13261) | Presidential Documents
13243
Federal Register / Vol. 67, No. 55 / Thursday, March 21, 2002 / Presidential Documents
Executive Order 13261 of March 19, 2002
Providing An Order of Succession in the Environmental Pro-
tection Agency and Amending Certain Orders on Succession
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this order, the officers
named in section 2, in the order listed, shall act as and perform the functions
and duties of the office of the Administrator of the Environmental Protection
Agency (Administrator) during any period when both the Administrator
and the Deputy Administrator of the Environmental Protection Agency have
died, resigned, or become otherwise unable to perform the functions and
duties of the office of Administrator.
Sec. 2. Order of Succession.
(a) Assistant Administrator for Toxic Substances;
(b) Assistant Administrator (Air and Radiation);
(c) Assistant Administrator, Office of Solid Waste;
(d) Assistant Administrator (Water Programs);
(e) Assistant Administrator (General Counsel);
(f) Assistant Administrator (Enforcement and Compliance Assurance);
(g) Chief Financial Officer;
(h) Assistant Administrator (Research and Development);
(i) Assistant Administrator (International Activities);
(j) Assistant Administrator (Administration and Resources Management);
and
(k) Assistant Administrator (Environmental Information).
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–
(k) in an acting capacity, by virtue of so serving, shall act as Administrator
pursuant to this order.
(b) Notwithstanding the provisions of this order, the President retains
discretion, to the extent permitted by the Federal Vacancies Reform Act
of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating
an acting Administrator.
Sec. 4. Amendments to Certain Executive Orders providing Orders of Succes-
sion. Executive Orders 13241, 13242, 13243, 13244, 13245, 13246, and 13247
of December 18, 2001, and Executive Orders 13250 and 13251 of December
28, 2001, are hereby amended as follows:
(a) Section 3(a) of Executive Order 13241 of December 18, 2001, entitled
‘‘Providing an Order of Succession Within the Department of Agriculture,’’
is replaced with the following: ‘‘(a) No individual who is serving in an
office listed in section 2(a)–(j) in an acting capacity shall, by virtue of
so serving, act as Secretary pursuant to this order.’’;
(b) Section 3(a) of Executive Order 13242 of December 18, 2001, entitled
‘‘Providing an Order of Succession Within the Department of Commerce,’’
is replaced with the following: ‘‘(a) No individual who is serving in an
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Federal Register / Vol. 67, No. 55 / Thursday, March 21, 2002 / Presidential Documents
office listed in section 2(a)–(h) in an acting capacity shall, by virtue of
so serving, act as Secretary pursuant to this order.’’;
(c) Section 3(a) of Executive Order 13243 of December 18, 2001, entitled
‘‘Providing an Order of Succession Within the Department of Housing and
Urban Development,’’ is replaced with the following: ‘‘(a) No individual
who is serving in an office listed in section 2(a)–(i) in an acting capacity
shall, by virtue of so serving, act as Secretary pursuant to this order.’’;
(d) Section 3(a) of Executive Order 13244 of December 18, 2001, entitled
‘‘Providing an Order of Succession Within the Department of the Interior,’’
is replaced with the following: ‘‘(a) No individual who is serving in an
office listed in section 2(a)–(f) in an acting capacity shall, by virtue of
so serving, act as Secretary pursuant to this order.’’;
(e) Section 3(a) of Executive Order 13245 of December 18, 2001, entitled
‘‘Providing an Order of Succession Within the Department of Labor,’’ is
replaced with the following: ‘‘(a) No individual who is serving in an office
listed in section 2(a)–(l) in an acting capacity shall, by virtue of so serving,
act as Secretary pursuant to this order.’’;
(f) Section 3(a) of Executive Order 13246 of December 18, 2001, entitled
‘‘Providing an Order of Succession Within the Department of the Treasury,’’
is replaced with the following: ‘‘(a) No individual who is serving in an
office listed in section 2(a)–(c) in an acting capacity shall, by virtue of
so serving, act as Secretary pursuant to this order.’’;
(g) Section 3(a) of Executive Order 13247 of December 18, 2001, entitled
‘‘Providing an Order of Succession Within the Department of Veterans Af-
fairs,’’ is replaced with the following: ‘‘(a) No individual who is serving
in an office listed in section 2(a)–(h) in an acting capacity shall, by virtue
of so serving, act as Secretary pursuant to this order.’’;
(h) Section 3(a) of Executive Order 13250 of December 28, 2001, entitled
‘‘Providing an Order of Succession Within the Department of Health and
Human Services,’’ is replaced with the following: ‘‘(a) No individual who
is serving in an office listed in section 2(a)–(c) in an acting capacity shall,
by virtue of so serving, act as Secretary pursuant to this order.’’ and;
(i) Section 3(b) of Executive Order 13251 of December 28, 2001, entitled
‘‘Providing an Order of Succession Within the Department of State,’’ is
replaced with the following: ‘‘(b) No individual who is serving in an office
listed in section 2(a)–(m) in an acting capacity shall, by virtue of so serving,
act as Secretary pursuant to this order.’’.
W
THE WHITE HOUSE,
March 19, 2002.
[FR Doc. 02–7087
Filed 3–20–02; 12:12 pm]
Billing code 3195–01–P
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| Providing An Order of Succession in the Environmental Protection Agency and Amending Certain Orders on Succession | 2002-03-19T00:00:00 | a77ee744d5382b9dc0496def9c8506755267ae4b97e53013768bf0e7742cb018 |
Presidential Executive Order | 02-3826 (13256) | Presidential Documents
6823
Federal Register
Vol. 67, No. 31
Thursday, February 14, 2002
Title 3—
The President
Executive Order 13256 of February 12, 2002
President’s Board of Advisors on Historically Black Colleges
and Universities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, in order to advance the development
of the Nation’s full human potential and to advance equal opportunity
in higher education, to strengthen the capacity of historically black colleges
and universities to provide the highest quality education, and to increase
opportunities for these institutions to participate in and benefit from Federal
programs, as do other colleges and universities, it is hereby ordered as
follows:
Section 1. There is established, in the Office of the Secretary of Education,
a Presidential advisory committee entitled the ‘‘President’s Board of Advisors
on Historically Black Colleges and Universities’’ (Board). The Board shall
prepare and issue an annual report to the President on the results of the
participation of historically black colleges and universities in Federal pro-
grams. The Board also shall provide advice to the President and to the
Secretary of Education (Secretary) regarding the needs of historically black
colleges and universities in the areas of infrastructure, academic programs,
and faculty and institutional development. In the annual report to the Presi-
dent, the Board shall make recommendations on how to increase the private
sector role, including the role of private foundations, in strengthening histori-
cally black colleges and universities. Particular emphasis should also be
given in the report to enhancing institutional planning and development,
strengthening fiscal stability and financial management, and improving insti-
tutional infrastructure, including the use of technology, to ensure the long-
term viability and enhancement of these institutions.
Sec. 2. The Board shall be appointed by the President. The Board membership
shall include sitting presidents of historically black colleges and universities,
representatives of other higher education institutions, business and financial
leaders, representatives of private foundations, and secondary school admin-
istrators. The President shall designate a Chair or Co-Chairs from among
the members.
Sec. 3. The White House Initiative on Historically Black Colleges and Univer-
sities (Initiative), located in the Office of the Secretary of Education, shall:
(1) provide staff, resources, and assistance to the Board; (2) assist the Secretary
in performing the liaison function between the executive branch and histori-
cally black colleges and universities; and (3) serve the Secretary in carrying
out the responsibilities described in section 6 of this order.
Sec. 4. To carry out this order, each executive department and agency
identified by the Secretary may, consistent with applicable law and regula-
tions, enter into appropriate grants, contracts, or cooperative agreements
with historically black colleges and universities. The head of each department
or agency so identified shall establish an annual plan that will establish
clear goals for how the department or agency intends to increase the capacity
of historically black colleges and universities to compete effectively for
grants, contracts, or cooperative agreements and to encourage historically
black colleges and universities to participate in Federal programs. The depart-
ment’s or agency’s annual goal should be clearly reflected in the department’s
or agency’s annual budget submission to the Office of Management and
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Budget. To facilitate the attainment of these goals, the head of each depart-
ment or agency identified by the Secretary shall provide, as appropriate,
technical assistance and information to historically black colleges and univer-
sities regarding the program activities of the department or agency and
the preparation of applications or proposals for grants, contracts, or coopera-
tive agreements.
Sec. 5. Each executive department and agency identified by the Secretary
shall appoint a senior official, who is a full-time officer of the Federal
Government, to report directly to the department or agency head with respect
to department or agency activity under this order, and to serve as liaison
to the Board and to the Initiative. To the extent permitted by law and
regulations, each executive department and agency identified by the Secretary
shall provide appropriate information requested by the Board and staff pursu-
ant to the order.
Sec. 6. Each executive department and agency identified by the Secretary
shall develop an annual plan for, and shall document the agency’s effort
in, increasing the capacity of historically black colleges and universities
to participate in Federal programs. Each department’s and agency’s plan
shall describe new or existing department and agency programs and measur-
able objectives for proposed department and agency actions, in connection
with those programs, to achieve the purposes of this order. These plans
shall be submitted at such time and in such form as the Secretary shall
require. In consultation with the participating departments and agencies,
the Secretary shall review the plans and develop, with the advice of the
Board, an integrated Annual Federal Plan for Assistance to Historically
Black Colleges and Universities for submission to the President. The Secretary
shall provide the president of each historically black college and university
with a copy of, and an opportunity to comment on, the proposed Annual
Federal Plan prior to its submission to the President. Each participating
department and agency shall submit to the Secretary an Annual Performance
Report that shall measure each department’s and agency’s performance
against the objectives set forth in the department’s or agency’s annual plan.
The Secretary shall be responsible for monitoring compliance with the An-
nual Federal Plan after it is approved by the President.
Sec. 7. In developing its annual plan, each executive department and agency
identified by the Secretary shall emphasize programs and activities that
develop the capacity of historically black colleges and universities to con-
tribute to the development of human capital and to strengthen America’s
economic and technological base through: (1) infrastructure development
and acquisitions for instruction and research; (2) student and faculty doctoral
fellowships and faculty development; (3) domestic and international faculty
and student exchanges and study-abroad opportunities; (4) undergraduate
and graduate student internships; and (5) summer, part-time, and permanent
employment opportunities.
Sec. 8. Each year, the Board shall report to the President on the progress
achieved in enhancing the capacity of historically black colleges and univer-
sities to serve their students, including findings and recommendations for
individual departments and agencies in connection with their Annual Per-
formance Reports, as described in section 6 of this order.
Sec. 9. The Board, in consultation with the Department of Education and
other executive departments and agencies, shall develop a Private Sector
Strategy to assist historically black colleges and universities in: (1) increasing
voluntary private-sector contributions to support the enhancement of endow-
ments and the overall financial stability of such institutions; (2) improving
and enhancing the quality and number of private-sector partnerships focused
on academic program development, student achievement and faculty develop-
ment, cooperative research and development projects, and faculty exchanges;
and (3) improving information management, and facilities, and strengthening
academic course offerings.
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Federal Register / Vol. 67, No. 31 / Thursday, February 14, 2002 / Presidential Documents
Sec. 10. (a) The provisions in this Executive Order shall be implemented
to the fullest extent permitted by law.
(b) The Department of Education shall provide funding and administrative
support for the Board and the Initiative.
(c) Members of the Board shall serve without compensation, but shall
be reimbursed for all travel expenses, including per diem in lieu of subsist-
ence, as authorized by law;
(d) Insofar as the Federal Advisory Committee Act, as amended, may
apply to the Board, any functions of the President under that Act, except
for those in section 6 of that Act, shall be performed by the Department
of Education, in accordance with the guidelines that have been issued by
the Administrator of General Services.
Sec. 11. Executive Order 12876 of November 1, 1993, as amended, is hereby
revoked.
W
THE WHITE HOUSE,
February 12, 2002.
[FR Doc. 02–3826
Filed 2–13–02; 8:45 am]
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| President's Board of Advisors on Historically Black Colleges and Universities | 2002-02-12T00:00:00 | 5e82b96eb5f5bd89909fc7921044e42dfb9f71a8d60a42003b55a44167f7f1d6 |
Presidential Executive Order | 02-2638 (13254) | Presidential Documents
4869
Federal Register
Vol. 67, No. 22
Friday, February 1, 2002
Title 3—
The President
Executive Order 13254 of January 29, 2002
Establishing the USA Freedom Corps
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. Building on our Nation’s rich tradition of citizen service,
this Administration’s policy is to foster a culture of responsibility, service,
and citizenship by promoting, expanding, and enhancing public service
opportunities for all Americans and by making these opportunities readily
available to citizens from all geographic areas, professions, and walks of
life. More specifically, this Administration encourages all Americans to serve
their country for the equivalent of at least 2 years (4,000 hours) over their
lifetimes. Toward those ends, the executive departments, agencies, and offices
constituting the USA Freedom Corps shall coordinate and strengthen Federal
and other service opportunities, including opportunities for participation
in homeland security preparedness and response, other areas of public and
social service, and international service. The executive branch departments,
agencies, and offices also will work with State and local governments and
private entities to foster and encourage participation in public and social
service programs, as appropriate.
Sec. 2. USA Freedom Corps. The USA Freedom Corps shall be an interagency
initiative, bringing together executive branch departments, agencies, and
offices with public service programs and components, including but not
limited to programs and components with the following functions:
(i) recruiting, mobilizing, and encouraging all Americans to engage in
public service;
(ii) providing concrete opportunities to engage in public service;
(iii) providing the public with access to information about public service
opportunities through Federal programs and elsewhere; and
(iv) providing recognition and awards to volunteers and other participants
in public service programs.
Sec. 3. USA Freedom Corps Council. (a) Establishment and Mission. There
shall be a USA Freedom Corps Council (Council) chaired by the President
and composed of heads of executive branch departments, agencies, and
offices, which shall have the following functions:
(i) serving as a forum for Federal officials responsible for public service
programs to coordinate and improve public service programs and activities
administered by the executive branch;
(ii) working to encourage all Americans to engage in public service,
whether through Federal programs or otherwise;
(iii) advising the President and heads of executive branch departments,
agencies, and offices concerning the optimization of current Federal pro-
grams to enhance public service opportunities;
(iv) coordinating public outreach and publicity of citizen service opportu-
nities provided by Federal programs;
(v) encouraging schools, universities, private public service organizations,
and other non-Federal entities to foster and reward public service;
(vi) studying the availability of public service opportunities provided
by the Federal Government and elsewhere; and
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(vii) tracking progress in participation in public service programs.
(b) Membership. In addition to the Chair, the members of the Council
shall be the heads of the executive branch departments, agencies, and offices
listed below, or their designees, and such other officers of the executive
branch as the President may from time to time designate. Every member
of the Council or designee shall be a full-time or permanent part-time
officer or employee of the Federal Government. Members shall not be com-
pensated for their service on the Council in addition to the salaries they
receive as employees or officers of the Federal Government.
(i) Vice President;
(ii) Attorney General;
(iii) Secretary of State;
(iv) Secretary of Health and Human Services;
(v) Secretary of Commerce;
(vi) Secretary of Education;
(vii) Secretary of Veterans Affairs;
(viii) Director of the Federal Emergency Management Agency;
(ix) Chief Executive Officer of the Corporation for National and Commu-
nity Service;
(x) Director of the Peace Corps;
(xi) Administrator of the United States Agency for International Develop-
ment;
(xii) Director of the USA Freedom Corps Office; and
(xiii) Director of the Office of Faith-Based and Community Initiatives.
(c) Chair. The President shall be the Chair of the USA Freedom Corps
Council, and in his absence, the Vice President shall serve as Chair. The
Director of the USA Freedom Corps Office may, at the President’s direction,
preside over meetings of the Council in the President’s and Vice President’s
absence.
(d) Honorary Co-Chair. The President may, from time to time, designate
an Honorary Co-Chair or Co-Chairs, who shall serve in an advisory role
to the Council and to the President on matters considered by the Council.
Any Honorary Co-Chair shall be a full-time or permanent part-time employee
or officer of the Federal Government.
(e) Meetings. The Council shall meet at the President’s direction. The
Director of the USA Freedom Corps Office shall be responsible, at the
President’s direction, for determining the agenda, ensuring that necessary
papers are prepared, and recording Council actions and Presidential deci-
sions.
(f) Responsibilities of Executive Branch Departments, Agencies, and Offices.
(i) Members of the Council shall remain responsible for overseeing the
programs administered by their respective departments, agencies, and of-
fices. Each such department, agency, and office will retain its authority
and responsibility to administer those programs according to law;
(ii) Each executive branch department, agency, or office with responsi-
bility for programs relating to the functions and missions of the USA
Freedom Corps as described in section 2 of this order shall be responsible
for identifying those public service opportunities and coordinating with
the USA Freedom Corps Council to ensure that such programs are, if
appropriate, publicized and encouraged by the Council; and
(iii) Upon the request of the Chair, and to the extent permitted by
law, the heads of executive branch departments and agencies shall provide
the Council with relevant information.
Sec. 4. USA Freedom Corps Office. (a) General. The USA Freedom Corps
also shall be supported by a USA Freedom Corps Office (Office), which
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Federal Register / Vol. 67, No. 22 / Friday, February 1, 2002 / Presidential Documents
shall be a component of the White House Office. The USA Freedom Corps
Office shall have a Director who shall be appointed by the President. The
Director shall be assisted by an appropriate staff within the White House
Office.
(b) Presidential Recognition to Participants in USA Freedom Corps Pro-
grams. In addition to supporting and facilitating the functions of the Council
listed in section 3 of this order, the Office shall support the President
in providing recognition to volunteers and other participants in programs
and activities relating to the functions and missions of the USA Freedom
Corps as described in section 2 of this order.
Sec. 5. General Provisions. (a) The White House Office shall provide the
Council and Office with such funding and administrative support, to the
extent permitted by law and subject to the availability of appropriations,
as directed by the Chief of Staff to the President to carry out the provisions
of this order.
(b) This order does not alter the existing authorities or roles of executive
branch departments, agencies, or offices. Nothing in this order shall supersede
any requirement made by or under law.
(c) This order does not create any right or benefit, substantive or procedural,
enforceable at law or equity, against the United States, its departments,
agencies, or other entities, its officers or employees, or any other person.
W
THE WHITE HOUSE,
January 29, 2002.
[FR Doc. 02–2638
Filed 1–31–02; 8:45 am]
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| Establishing the USA Freedom Corps | 2002-01-29T00:00:00 | 681f16568402e8ea71eebc2511c2d32bb883d7682a31d94bb08ad4e7d27085b8 |
Presidential Executive Order | 02-3337 (13255) | Presidential Documents
6157
Federal Register
Vol. 67, No. 27
Friday, February 8, 2002
Title 3—
The President
Executive Order 13255 of February 6, 2002
Amendment to Executive Order 13227, President’s Commis-
sion on Excellence in Special Education
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to extend the reporting
date of the President’s Commission on Excellence in Special Education,
it is hereby ordered that Executive Order 13227 of October 2, 2001, is
amended by deleting ‘‘April 30, 2002’’ in section 3(b) of that order and
inserting in lieu thereof ‘‘July 1, 2002’’.
W
THE WHITE HOUSE,
February 6, 2002.
[FR Doc. 02–3337
Filed 2–7–02; 11:44 am]
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Presidential Executive Order | 02-1594 (13253) | Presidential Documents
2791
Federal Register
Vol. 67, No. 13
Friday, January 18, 2002
Title 3—
The President
Executive Order 13253 of January 16, 2002
Amendment to Executive Order 13223, Ordering the Ready
Reserve of the Armed Forces to Active Duty and Delegating
Certain Authorities to the Secretary of Defense and the
Secretary of Transportation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the National Emergencies
Act (50 U.S.C. 1601 et seq.) and section 301 of title 3, United States Code,
and in furtherance of Proclamation 7463 of September 14, 2001, Declaration
of National Emergency by Reason of Certain Terrorist Attacks, which declared
a national emergency by reason of the terrorist attacks on the World Trade
Center, New York, New York, and the Pentagon, and the continuing and
immediate threat of further attacks on the United States, and in order to
provide the Secretary of Transportation, with respect to the Coast Guard,
with the authority to manage personnel requirements in a manner consistent
with the authorization provided to the Secretary of Defense in Executive
Order 13223 of September 14, 2001, it is hereby ordered as follows:
Section 1. Section 5 of Executive Order 13223 is amended by adding at
the end: ‘‘The Secretary of Transportation is further designated and empow-
ered, without the approval, ratification or any other action by the President,
to exercise the authority vested in the President by sections 123 and 123a
of title 10, United States Code, and sections 149 (detail members to assist
foreign governments), 275(a) (suspension of provisions on selection, pro-
motion, or involuntary separation of officers), and 722 (administration of
reserve forces) of title 14, United States Code, as invoked by section 2
of Executive Order 13223.’’
Sec. 2. Section 7 of Executive Order 13223 is deleted and revised to read
as follows: ‘‘Based upon my determination under 10 U.S.C. 2201(c) that
it is necessary to increase (subject to limits imposed by law) the number
of members of the armed forces on active duty for the Department of Defense
beyond the number for which funds are provided in the appropriation
Act for the Department of Defense, which, by virtue of 14 U.S.C. 652,
applies to the Department of Transportation with respect to the Coast Guard,
the Secretary of Defense and the Secretary of Transportation may provide
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for the cost of such additional members under their respective jurisdictions
as an excepted expense under section 11(a) of title 41, United States Code.’’
W
THE WHITE HOUSE,
January 16, 2002.
[FR Doc. 02–1594
Filed 1–17–02; 10:43 am]
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Presidential Executive Order | 04-2408 (13326) | Presidential Documents
5255
Federal Register
Vol. 69, No. 22
Tuesday, February 3, 2004
Title 3—
The President
Executive Order 13326 of January 27, 2004
President’s Commission on Implementation of United States
Space Exploration Policy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to obtain recommendations con-
cerning implementation of the new vision for space exploration activities
of the United States, it is hereby ordered as follows:
Section 1. Establishment. There is hereby established the President’s Commis-
sion on Implementation of United States Space Exploration Policy (the
‘‘Commission’’).
Sec. 2. Membership. (a) The Commission shall be composed of not more
than nine members appointed by the President, taking into account as appro-
priate the experience of such individuals with respect to governmental,
scientific, and technical matters relating to space.
(b) The President shall designate one member of the Commission to serve
as Chairman of the Commission.
Sec. 3. Mission. (a) The mission of the Commission shall be to provide
recommendations to the President, in accordance with this order, on imple-
mentation of the vision outlined in the President’s policy statement entitled
‘‘A Renewed Spirit of Discovery’’ and the President’s Budget Submission
for Fiscal Year 2005 (collectively, ‘‘Policy’’).
(b) The Commission shall examine and make recommendations to the
President regarding:
(i) A science research agenda to be conducted on the Moon and other
destinations as well as human and robotic science activities that advance
our capacity to achieve the Policy;
(ii) The exploration of technologies, demonstrations, and strategies,
including the use of lunar and other in situ natural resources, that could
be used for sustainable human and robotic exploration;
(iii) Criteria that could be used to select future destinations for human
exploration;
(iv) Long-term organization options for managing implementation of
space exploration activities;
(v) The most appropriate and effective roles for potential private sector
and international participants in implementing the Policy;
(vi) Methods for optimizing space exploration activities to encourage
the interest of America’s youth in studying and pursuing careers in mathe-
matics, science, and engineering; and
(vii) Management of the implementation of the Policy within available
resources.
Sec. 4. Administration. (a) The National Aeronautics and Space Administra-
tion (NASA) shall provide, to the extent permitted by law, administrative
support and funding for the Commission. The Commission is established
in NASA for administrative purposes only.
(b) Members of the Commission shall serve without compensation for
their work on the Commission. Members appointed from among private
citizens of the United States, however, while engaged in the work of the
Commission, may be allowed travel expenses, including per diem in lieu
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of subsistence, as authorized by law for persons serving intermittently in
Government service (5 U.S.C. 5701–5707), to the extent funds are available.
(c) Insofar as the Federal Advisory Committee Act (5 U.S.C. App. 2)
(the ‘‘Act’’), as amended, may apply to the Commission, any functions
of the President under that Act, except for those in section 6 of that Act,
shall be performed by the Administrator of NASA (the ‘‘Administrator’’),
in accordance with the guidelines that have been issued by the Administrator
of General Services.
(d) The Commission shall conduct occasional meetings as appropriate,
including at various locations throughout the United States, to solicit views
and opinions from the public, academia, and industry.
(e) The Commission shall not have access to information classified pursuant
to Executive Order 12958 of April 17, 1995, as amended.
Sec. 5. Report. The Commission shall submit its final report to the President
through the Administrator within 120 days of the first meeting of the Commis-
sion.
Sec. 6. General Provisions. (a) This order is intended only to improve the
internal management of the executive branch and it is not intended to,
and does not, create any right or benefit, substantive or procedural, enforce-
able at law or in equity by a party against the United States, its departments,
agencies, instrumentalities or entities, its officers or employees, or any other
person.
(b) The Commission shall terminate within 60 days after submitting its
final report.
W
THE WHITE HOUSE,
January 27, 2004.
[FR Doc. 04–2408
Filed 2–2–04; 11:02 am]
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Presidential Executive Order | 02-917 (13250) | Presidential Documents
1597
Federal Register
Vol. 67, No. 8
Friday, January 11, 2002
Title 3—
The President
Executive Order 13250 of December 28, 2001
Providing an Order of Succession Within the Department of
Health and Human Services
By the authority vested in me as President by the Constitution and laws
of the United States of America, including the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this order, the officers
named in section 2, in the order listed, shall act as and perform the functions
and duties of the Office of the Secretary of Health and Human Services
(Secretary) during any period when both the Secretary and the Deputy
Secretary of Health and Human Services (Deputy Secretary) have died, re-
signed, or become otherwise unable to perform the functions and duties
of the office of Secretary.
Sec. 2. Order of Succession.
(a) The Assistant Secretaries of Health and Human Services appointed
by the President and confirmed by the Senate, in the order in which they
shall have taken the oath of office as such;
(b) The General Counsel of the Department of Health and Human Services;
and
(c) Other officers within the Department of Health and Human Services
who have been 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.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–(c)
of this order in an acting capacity shall act as Secretary pursuant to this
order.
(b) Notwithstanding the provisions of this order, the President retains discre-
tion, to the extent permitted by the Federal Vacancies Reform Act of 1998,
5 U.S.C. 3345 et seq., to depart from this order in designating an acting
Secretary.
W
THE WHITE HOUSE,
December 28, 2001.
[FR Doc. 02–917
Filed 01–10–02; 8:45 am]
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Presidential Executive Order | 02-919 (13252) | Presidential Documents
1601
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Executive Order 13252 of January 7, 2002
Exclusions From the Federal Labor-Management Relations
Program
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7103(b)(1) of title
5, United States Code, and in order to exempt certain subdivisions of the
Department of Justice from coverage under the Federal Labor-Management
Relations Program, it is hereby ordered as follows:
Section 1. Determinations. The subdivisions of the Department of Justice
set forth in section 2 of this order are hereby determined to have as a
primary function intelligence, counterintelligence, investigative, or national
security work. It is further determined that chapter 71 of title 5, United
States Code, cannot be applied to these subdivisions in a manner consistent
with national security requirements and considerations.
Sec. 2. Amendment of Executive Order 12171. Executive Order 12171 of
November 19, 1979, as amended, is further amended by adding to the
end of section 1–209 the following new subsections:
‘‘(c) United States Attorneys’ Offices.
(d) Criminal Division.
(e) INTERPOL—U.S. National Central Bureau.
(f) National Drug Intelligence Center.
(g) Office of Intelligence Policy and Review.’’
W
THE WHITE HOUSE,
January 7, 2002.
[FR Doc. 02–919
Filed 1–10–02; 8:45 am]
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Presidential Executive Order | 02-918 (13251) | Presidential Documents
1599
Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 /
Executive Order 13251 of December 28, 2001
Providing an Order of Succession Within the Department of
State
By the authority vested in me as President by the Constitution and laws
of the United States of America, including the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Subject to the provisions of section 3 of this order, the officers
named in section 2, in the order listed, shall act as, and perform the
duties of, the office of Secretary of State (Secretary) during any period
in which the Secretary has died, resigned, or otherwise become unable
to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Deputy Secretary of State;
(b) Deputy Secretary of State for Management and Resources;
(c) Under Secretary of State designated for political affairs pursuant to
section 2651a(b) of title 22, United States Code;
(d) Under Secretary of State designated for management affairs pursuant
to section 2651a(b) of title 22, United States Code;
(e) The remaining Under Secretaries of State, in the order in which they
shall have taken the oath of office as such;
(f) Assistant Secretaries of State designated for regional bureaus pursuant
to section 2651a(c) of title 22, United States Code, in the order in which
they shall have taken the oath of office as such;
(g) The following officers, in the order in which they shall have taken
the oath of office as such:
(1) Remaining Assistant Secretaries of State;
(2) Coordinator for Counterterrorism;
(3) Director General of the Foreign Service; and
(4) Legal Adviser;
(h) United States Representative to the United Nations (New York);
(i) Deputy United States Representative to the United Nations (New York);
(j) The following other United States Representatives to the United Nations
(New York), in the order in which they shall have taken the oath of office
as such:
(1) United States Representative to the United Nations for United Nations
Management and Reform;
(2) United States Representative to the United Nations on the Economic
and Social Council of the United Nations; and
(3) Alternate United States Representative to the United Nations for
Special Political Affairs in the United Nations;
(k) The following Chiefs of Mission, in the order listed:
(1) United States Ambassador to the United Kingdom;
(2) United States Ambassador to Canada;
(3) United States Ambassador to Australia;
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(4) United States Ambassador to Mexico;
(5) United States Ambassador to Japan; and
(6) United States Ambassador to India;
(l) The following officers, in the order in which they shall have taken
the oath of office as such:
(1) United States Ambassadors at Large;
(2) Counselor; and
(3) Special Representatives of the President; and
(m) The remaining Chiefs of Mission, in the order in which they shall
have taken the oath of office as such.
Sec. 3. Exceptions.
(a) No individual who has not been appointed by the President by and
with the consent of the Senate shall act as Secretary pursuant to this order.
(b) No individual who is serving in an office listed in section 2(a)-(m)
in an acting capacity shall act as Secretary pursuant to this order.
(c) Notwithstanding the provisions of this order, the President retains
discretion, to the extent permitted by the Federal Vacancies Reform Act
of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating
an acting Secretary.
(d) A successor office, intended to be the equivalent of an office identified
in section 2 of this order, shall be deemed to be the position identified
in section 2 for purposes of this order.
Sec. 4. Executive Order 12343 of January 27, 1982, is hereby revoked.
W
THE WHITE HOUSE,
December 28, 2001.
[FR Doc. 02–918
Filed 1–10–02; 8:45 am]
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Presidential Executive Order | 01-31959 (13248) | Presidential Documents
66705
Federal Register
Vol. 66, No. 248
Thursday, December 27, 2001
Title 3—
The President
Executive Order 13248 of December 20, 2001
Establishing an Emergency Board To Investigate a Dispute
Between United Airlines, Inc., and its Mechanics and Related
Employees Represented by the International Association of
Machinists and Aerospace Workers
A dispute exists between United Airlines, Inc., and its employees represented
by the International Association of Machinists and Aerospace Workers.
The dispute has not heretofore been adjusted under the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151–188) (the ‘‘Act’’).
In the judgment of the National Mediation Board, this dispute threatens
substantially to interrupt interstate commerce to a degree that would deprive
sections of the country of essential transportation service.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including sections 10 and
201 of the Act (45 U.S.C. 160 and 181), it is hereby ordered as follows:
Section 1. Establishment of the Board (Board). There is established, effective
December 21, 2001, a Board of three members to be appointed by the
President to investigate and report on this dispute. No member may be
pecuniarily or otherwise interested in any organization of airline employees
or any air 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
this dispute within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 10 of the Act, from
the date of the creation of the Board and for 30 days after the Board
has submitted its report to the President, no change in the conditions out
of which the dispute arose shall be made by the parties to the controversy,
except by the 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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Federal Register / Vol. 66, No. 249 / Thursday, December 27, 2001 / Presidential Documents
Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
W
THE WHITE HOUSE,
December 20, 2001.
[FR Doc. 01–31959
Filed 12–26–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-31667 (13242) | Presidential Documents
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Executive Order 13242 of December 18, 2001
Providing an Order of Succession Within the Department of
Commerce
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including Subchapter III of Chapter
33 of title 5 of the United States Code, 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 Commerce (Secretary)
during any period when both the Secretary and the Deputy Secretary of
Commerce (Deputy Secretary) have died, resigned, or are otherwise unable
to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) General Counsel of the Department of Commerce;
(b) Under Secretary of Commerce for International Trade;
(c) Under Secretary of Commerce for Economic Affairs;
(d) Under Secretary of Commerce for Oceans and Atmosphere and Adminis-
trator of the National Oceanic and Atmospheric Administration;
(e) Under Secretary of Commerce for Technology;
(f) Under Secretary of Commerce for Export Administration;
(g) Chief Financial Officer of the Department of Commerce and Assistant
Secretary of Commerce in charge of Administration; and
(h) Assistant Secretary of Commerce in charge of Legislative and Intergov-
ernmental Affairs.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–
(h) in an acting capacity shall 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 Subchapter III of Chapter
33 of title 5 of the United States Code, to depart from this Executive
Order in designating an acting Secretary.
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Sec. 4. Executive Order 11880 of October 2, 1975, Executive Order 12998
of April 5, 1996, and section 26 of Executive Order 12608 of September
9, 1987, are hereby revoked.
W
THE WHITE HOUSE,
December 18, 2001.
[FR Doc. 01–31667
Filed 12–20–01; 8:45 am]
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Presidential Executive Order | 01-31668 (13243) | Presidential Documents
66262
Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Executive Order 13243 of December 18, 2001
Providing an Order of Succession Within the Department of
Housing and Urban Development
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including Subchapter III of Chapter
33 of title 5 of the United States Code, 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 Housing and Urban
Development (Secretary) during any period when both the Secretary and
the Deputy Secretary of Housing and Urban Development (Deputy Secretary)
have died, resigned, or are otherwise unable to perform the functions and
duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) General Counsel of the Department of Housing and Urban Development;
(b) Assistant Secretary of Housing and Urban Development in charge of
Housing-Federal Housing Commission;
(c) Assistant Secretary of Housing and Urban Development in charge of
Community, Planning and Development;
(d) Assistant Secretary of Housing and Urban Development in charge
of Public and Indian Housing;
(e) Assistant Secretary of Housing and Urban Development in charge of
Policy Development and Research;
(f) Assistant Secretary of Housing and Urban Development in charge of
Fair Housing and Equal Opportunity;
(g) Assistant Secretary of Housing and Urban Development in charge of
Congressional and Intergovernmental Relations;
(h) Assistant Secretary of Housing and Urban Development in charge
of Administration; and
(i) Assistant Secretary of Housing and Urban Development in charge of
Public Affairs.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–
(i) in an acting capacity shall 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 Subchapter III of Chapter
33 of title 5 of the United States Code, to depart from this Executive
Order in designating an acting Secretary.
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Sec. 4. Executive Order 11274 of March 30, 1996, is hereby revoked.
W
THE WHITE HOUSE,
December 18, 2001.
[FR Doc. 01–31668
Filed 12–20–01; 8:45 am]
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Presidential Executive Order | 01-31666 (13241) | Presidential Documents
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Executive Order 13241 of December 18, 2001
Providing an Order of Succession Within the Department of
Agriculture
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including Subchapter III of Chapter
33 of title 5 of the United States Code, 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 Agriculture (Secretary)
during any period when both the Secretary and the Deputy Secretary of
Agriculture (Deputy Secretary) have died, resigned, or are otherwise unable
to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Under Secretary of Agriculture for Farm and Foreign Agricultural Serv-
ices;
(b) Under Secretary of Agriculture for Marketing and Regulatory Programs;
(c) Under Secretary of Agriculture for Rural Development;
(d) Under Secretary of Agriculture for Food, Nutrition, and Consumer
Services;
(e) Under Secretary of Agriculture for Natural Resources and Environment;
(f) Under Secretary of Agriculture for Research, Education, and Economics;
(g) Under Secretary of Agriculture for Food Safety;
(h) General Counsel of the Department of Agriculture;
(i) Assistant Secretary of Agriculture for Administration; and
(j) Assistant Secretary of Agriculture for Congressional Relations.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–
(j) in an acting capacity shall 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 Subchapter III of Chapter
33 of title 5 of the United States Code, to depart from this Executive
Order in designating an acting Secretary.
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Sec. 4. Executive Order 11957 of January 13, 1977, is hereby revoked.
W
THE WHITE HOUSE,
December 18, 2001.
[FR Doc. 01–31666
Filed 12–20–01; 8:45 am]
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Presidential Executive Order | 01-31670 (13245) | Presidential Documents
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Executive Order 13245 of December 18, 2001
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 Subchapter III of Chapter
33 of title 5 of the United States Code, 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 Labor (Secretary)
during any period when both the Secretary and the Deputy Secretary of
Labor (Deputy Secretary) have died, resigned, or are otherwise unable to
perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Solicitor of Labor;
(b) Assistant Secretary of Labor in charge of Administration and Manage-
ment;
(c) Assistant Secretary of Labor in charge of Policy;
(d) Assistant Secretary of Labor in charge of Congressional and Intergovern-
mental Affairs;
(e) Assistant Secretary of Labor in charge of the Employment and Training
Administration;
(f) Assistant Secretary of Labor in charge of the Employment Standards
Administration;
(g) Assistant Secretary of Labor in charge of the Pension and Welfare
Benefits Administration;
(h) Assistant Secretary of Labor for Occupational Safety and Health;
(i) Assistant Secretary of Labor for Mine Safety and Health;
(j) Assistant Secretary of Labor in charge of the Office of Public Affairs;
(k) Assistant Secretary of Labor for Veterans’ Employment and Training;
and
(l) Assistant Secretary of Labor in charge of the Office of Disability Employ-
ment Policy.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–
(l) in an acting capacity shall 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 Subchapter III of Chapter
33 of title 5 of the United States Code, to depart from this Executive
Order in designating an acting Secretary.
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Sec. 4. Executive Order 10513 of January 19, 1954, is hereby revoked.
W
THE WHITE HOUSE,
December 18, 2001.
[FR Doc. 01–31670
Filed 12–20–01; 8:45 am]
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Presidential Executive Order | 01-31671 (13246) | Presidential Documents
66270
Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Executive Order 13246 of December 18, 2001
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 Subchapter III of Chapter
33 of title 5 of the United States Code, 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 (Deputy Secretary) 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 (including the Under Secretary of
the Treasury for Enforcement), 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; and
(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.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–
(c) in an acting capacity shall 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 Subchapter III of Chapter 33 of title 5 of the United States
Code, to depart from this Executive Order in designating an acting Secretary.
Sec. 4. Executive Order 11822 of December 10, 1974, is hereby revoked.
W
THE WHITE HOUSE,
December 18, 2001.
[FR Doc. 01–31671
Filed 12–20–01; 8:45 am]
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Presidential Executive Order | 01-31669 (13244) | Presidential Documents
66267
Federal Register
Vol. 66, No. 246
Friday, December 21, 2001
Title 3—
The President
Executive Order 13244 of December 18, 2001
Providing an Order of Succession Within the Department of
the Interior
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including Subchapter III of Chapter
33 of title 5 of the United States Code, 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 Interior (Secretary)
during any period when both the Secretary and the Deputy Secretary of
the Interior (Deputy Secretary) have died, resigned, or are otherwise unable
to perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Solicitor of the Department of the Interior;
(b) Assistant Secretary of the Interior in charge of Policy, Management
and Budget;
(c) Assistant Secretary of the Interior in charge of Land and Minerals
Management;
(d) Assistant Secretary of the Interior in charge of Water and Science;
(e) Assistant Secretary of the Interior for Fish and Wildlife and Parks;
and
(f) Assistant Secretary of the Interior for Indian Affairs.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–
(f) in an acting capacity shall 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 Subchapter III of Chapter
33 of title 5 of the United States Code, to depart from this Executive
Order in designating an acting Secretary.
Sec. 4. Executive Order 11487 of October 6, 1969, is hereby revoked.
W
THE WHITE HOUSE,
December 18, 2001.
[FR Doc. 01–31669
Filed 12–20–01; 8:45 am]
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Presidential Executive Order | 01-30624 (13238) | Presidential Documents
63903
Federal Register
Vol. 66, No. 237
Monday, December 10, 2001
Title 3—
The President
Executive Order 13238 of December 5, 2001
Closing of Federal Government Executive Departments and
Agencies on Monday, December 24, 2001
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. All executive branch departments and agencies of the Federal
Government shall be closed and their employees excused from duty on
Monday, December 24, 2001, the day before Christmas Day, except as pro-
vided in section 2 below.
Sec. 2. The heads of executive branch departments and agencies may deter-
mine that certain offices and installations of their organizations, or parts
thereof, must remain open and that certain employees must report for duty
on December 24, 2001, for reasons of national security or defense or other
public reasons.
Sec. 3. Monday, December 24, 2001, 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.
W
THE WHITE HOUSE,
December 5, 2001.
[FR Doc. 01–30624
Filed 12–7–01; 10:08 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-31672 (13247) | Presidential Documents
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
Executive Order 13247 of December 18, 2001
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 Subchapter III of Chapter
33 of title 5 of the United States Code, it is hereby ordered that:
Sec. 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 Veterans Affairs (Sec-
retary) during any period when both the Secretary and the Deputy Secretary
of Veterans Affairs (Deputy Secretary) 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 Secretary of Veterans Affairs for Health;
(b) Under Secretary of Veterans Affairs for Benefits;
(c) Under Secretary of Veterans Affairs for Memorial Affairs;
(d) General Counsel of the Department of Veterans Affairs;
(e) Assistant Secretaries of Veterans Affairs, in the order in which they
shall have taken the oath of office as Assistant Secretaries, other than the
Chief Financial Officer and, if an Assistant Secretary, the Chief Information
Officer;
(f) Chief Information Officer of the Department of Veterans Affairs, if
the Chief Information Officer is an officer appointed by the President by
and with the consent of the Senate;
(g) Chief Financial Officer of the Department of Veterans Affairs; and
(h) Chairman, Board of Veterans’ Appeals.
Sec. 3. Exceptions.
(a) No individual who is serving in an office listed in section 2(a)–
(h) in an acting capacity shall 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 Subchapter III of Chapter
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Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents
33 of title 5 of the United States Code, to depart from this Executive
Order in designating an acting Secretary.
W
THE WHITE HOUSE,
December 18, 2001.
[FR Doc. 01–31672
Filed 12–20–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-31119 (13239) | Presidential Documents
64907
Federal Register
Vol. 66, No. 241
Friday, December 14, 2001
Title 3—
The President
Executive Order 13239 of December 12, 2001
Designation of Afghanistan and the Airspace Above as a
Combat Zone
Pursuant to the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 112 of
the Internal Revenue Code of 1986 (26 U.S.C. 112), I designate, for purposes
of that section, Afghanistan, including the airspace above, as an area in
which Armed Forces of the United States are and have been engaged in
combat.
For purposes of this order, I designate September 19, 2001, as the date
of the commencement of combatant activities in such zone.
W
THE WHITE HOUSE,
December 12, 2001.
[FR Doc. 01–31119
Filed 12–13–01; 11:38 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-29948 (13237) | Presidential Documents
59851
Federal Register
Vol. 66, No. 231
Friday, November 30, 2001
Title 3—
The President
Executive Order 13237 of November 28, 2001
Creation of the President’s Council on Bioethics
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Establishment. There is established the President’s Council on
Bioethics (the ‘‘Council’’).
Sec. 2. Mission.
(a) The Council shall advise the President on bioethical issues that may
emerge as a consequence of advances in biomedical science and technology.
In connection with its advisory role, the mission of the Council includes
the following functions:
(1) to undertake fundamental inquiry into the human and moral signifi-
cance of developments in biomedical and behavioral science and tech-
nology;
(2) to explore specific ethical and policy questions related to these
developments;
(3) to provide a forum for a national discussion of bioethical issues;
(4) to facilitate a greater understanding of bioethical issues; and
(5) to explore possibilities for useful international collaboration on bio-
ethical issues.
(b) In support of its mission, the Council may study ethical issues con-
nected with specific technological activities, such as embryo and stem cell
research, assisted reproduction, cloning, uses of knowledge and techniques
derived from human genetics or the neurosciences, and end of life issues.
The Council may also study broader ethical and social issues not tied
to a specific technology, such as questions regarding the protection of human
subjects in research, the appropriate uses of biomedical technologies, the
moral implications of biomedical technologies, and the consequences of
limiting scientific research.
(c) The Council shall strive to develop a deep and comprehensive under-
standing of the issues that it considers. In pursuit of this goal, the Council
shall be guided by the need to articulate fully the complex and often com-
peting moral positions on any given issue, rather than by an overriding
concern to find consensus. The Council may therefore choose to proceed
by offering a variety of views on a particular issue, rather than attempt
to reach a single consensus position.
(d) The Council shall not be responsible for the review and approval
of specific projects or for devising and overseeing regulations for specific
government agencies.
(e) In support of its mission, the Council may accept suggestions of issues
for consideration from the heads of other Government agencies and other
sources, as it deems appropriate.
(f) In establishing priorities for its activities, the Council shall consider
the urgency and gravity of the particular issue; the need for policy guidance
and public education on the particular issue; the connection of the bioethical
issue to the goal of Federal advancement of science and technology; and
the existence of another entity available to deliberate appropriately on the
bioethical issue.
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Federal Register / Vol. 66, No. 231 / Friday, November 30, 2001 / Presidential Documents
Sec. 3. Membership.
(a) The Council shall be composed of not more than 18 members appointed
by the President from among individuals who are not officers or employees
of the Federal Government. The Council shall include members drawn from
the fields of science and medicine, law and government, philosophy and
theology, and other areas of the humanities and social sciences.
(b) The President shall designate a member of the Council to serve as
Chairperson.
(c) The term of office of a member shall be 2 years, and members shall
be eligible for reappointment. Members may continue to serve after the
expiration of their terms until the President appoints a successor. A member
appointed to fill a vacancy shall serve only for the unexpired term of
such vacancy.
Sec. 4. Administration.
(a) Upon the request of the Chairperson, the heads of executive departments
and agencies shall, to the extent permitted by law, provide the Council
with information it needs for purposes of carrying out its functions.
(b) The Council may conduct inquiries, hold hearings, and establish sub-
committees, as necessary.
(c) The Council is authorized to conduct analyses and develop reports
or other materials.
(d) Members of the Council may be compensated to the extent permitted
by Federal law for their work on the Council. Members may be allowed
travel expenses, including per diem in lieu of subsistence, as authorized
by law for persons serving intermittently in Government service (5 U.S.C.
5701–5707), to the extent funds are available.
(e) To the extent permitted by law, and subject to the availability of
appropriations, the Department of Health and Human Services shall provide
the Council with administrative support and with such funds as may be
necessary for the performance of the Council’s functions.
(f) The Council shall have a staff headed by an Executive Director, who
shall be appointed by the Secretary of Health and Human Services in con-
sultation with the Chairperson. To the extent permitted by law, office space,
analytical support, and additional staff support for the Council shall be
provided by the Department of Health and Human Services or other executive
branch departments and agencies as directed by the President.
Sec. 5. General Provisions.
(a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.), may apply to the Council, any functions of the President under
that Act, except that of reporting to the Congress, shall be performed by
the Secretary of Health and Human Services in accordance with the guide-
lines that have been issued by the Administrator of General Services.
(b) The Council shall terminate 2 years from the date of this order unless
extended by the President prior to that date.
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Federal Register / Vol. 66, No. 231 / Friday, November 30, 2001 / Presidential Documents
(c) This order is intended only to improve the internal management of
the executive branch and it is not intended to create any right, benefit,
trust, or responsibility, substantive or procedural, enforceable at law or
equity by a party against the United States, its agencies, its officers, or
any person.
W
THE WHITE HOUSE,
November 28, 2001.
[FR Doc. 01–29948
Filed 11–29–01; 10:19 am]
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Presidential Executive Order | 01-31665 (13240) | Presidential Documents
66257
Federal Register
Vol. 66, No. 246
Friday, December 21, 2001
Title 3—
The President
Executive Order 13240 of December 18, 2001
Council of Europe in Respect of the Group of States Against
Corruption
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 1 of the International Organiza-
tions Immunities Act (22 U.S.C. 288) (the ‘‘Act’’), and having found that
the Council of Europe in Respect of the Group of States Against Corruption
(GRECO) is a public international organization in which the United States
participates within the meaning of the Act, I hereby designate GRECO as
a public international organization entitled to enjoy the privileges, exemp-
tions, and immunities conferred by the Act. This designation is not intended
to abridge in any respect privileges, exemptions, or immunities that such
organization may have acquired or may acquire by international agreement
or by law.
W
THE WHITE HOUSE,
December 18, 2001.
[FR Doc. 01–31665
Filed 12–20–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-28762 (13234) | Presidential Documents
57355
Federal Register
Vol. 66, No. 221
Thursday, November 15, 2001
Title 3—
The President
Executive Order 13234 of November 9, 2001
Presidential Task Force on Citizen Preparedness in the War
on Terrorism
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to support and enhance
the efforts of the American public with respect to preparedness and vol-
unteerism in the war on terrorism, it is hereby ordered as follows:
Section 1. Establishment. There is hereby established the ‘‘Presidential Task
Force on Citizen Preparedness in the War On Terrorism’’ (Task Force).
Sec. 2. Membership. (a) The Task Force shall be composed of the heads
of the following executive branch entities, who may designate representatives
from within their respective entities to assist them in their duties in connec-
tion with the Task Force: the Office of the Vice President, the Office of
Homeland Security, the Domestic Policy Council, the Office of Science and
Technology Policy, the Office of Management and Budget, the Department
of the Treasury, the Department of Justice, the Department of Labor, the
Department of Health and Human Services, the Department of Housing
and Urban Development, the Department of Transportation, the Department
of Energy, the Department of Veterans Affairs, the Environmental Protection
Agency, the Federal Emergency Management Agency, and the Corporation
for National and Community Service. The heads of other executive branch
departments and agencies and other senior executive branch officials may
participate in the work of the Task Force upon the invitation of the Co-
Chairs.
(b) The heads of the Office of Homeland Security and the Domestic Policy
Council, or their designated representatives, shall serve as Co-Chairs of
the Task Force.
Sec. 3. Mission. The Task Force shall identify, review, and recommend
appropriate means by which the American public can:
(a) prepare in their homes, neighborhoods, schools, places of worship,
workplaces, and public places for the potential consequences of any possible
terrorist attacks within the United States; and
(b) volunteer to assist or otherwise support State and local public health
and safety officials and others engaged in the effort to prevent, prepare
for, and respond to any possible terrorist attacks within the United States.
Sec. 4. Reporting Requirement. The Task Force shall submit its recommenda-
tions to the President within 40 days from the date of this order.
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Sec. 5. Termination of Task Force. The Task Force shall terminate 30 days
after submitting its report to the President.
W
THE WHITE HOUSE,
November 9, 2001.
[FR Doc. 01–28762
Filed 11–14–01; 8:45 am]
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Presidential Executive Order | 01-29831 (13236) | Presidential Documents
59671
Federal Register
Vol. 66, No. 230
Thursday, November 29, 2001
Title 3—
The President
Executive Order 13236 of November 27, 2001
Waiver of Dual Compensation Provisions of the Central Intel-
ligence Agency Retirement Act of 1964
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 292 of the Central
Intelligence Agency Retirement Act of 1964, as amended (50 U.S.C. 2141),
and in order to conform the Central Intelligence Agency Retirement and
Disability System to the Civil Service Retirement and Disability System,
it is hereby ordered as follows:
Section 1. The Director of Central Intelligence may waive the application
of the dual compensation reduction provisions of sections 271 and 273
of the Central Intelligence Agency Retirement Act (50 U.S.C. 2111 and
2113) for an employee serving on a temporary basis, but only if, and for
so long as, the authority is necessary due to an emergency involving a
direct threat to life or property or other unusual circumstances. Employees
who receive both salary and annuity pursuant to this authority may not
earn additional retirement benefits during this period of employment. This
authority may be delegated as appropriate.
Sec. 2. Nothing contained in this order is intended to create, nor does
it create, any right, benefit, or privilege, substantive or procedural, enforceable
at law by a party against the United States, its agencies, officers, employees,
or any other person.
W
THE WHITE HOUSE,
November 27, 2001.
[FR Doc. 01–29831
Filed 11–28–01; 8:45 am]
Billing code 3195–01–P
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Federal Register
Vol. 66, No. 224
Tuesday, November 20, 2001
Title 3—
The President
Executive Order 13235 of November 16, 2001
National Emergency Construction Authority
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the National Emergencies
Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code, I declared a national emergency that requires the use of the Armed
Forces of the United States, by Proclamation 7463 of September 14, 2001,
because of the terrorist attacks on the World Trade Center and the Pentagon,
and because of the continuing and immediate threat to the national security
of the United States of further terrorist attacks. To provide additional author-
ity to the Department of Defense to respond to that threat, and in accordance
with section 301 of the National Emergencies Act (50 U.S.C. 1631), I hereby
order that the emergency construction authority at 10 U.S.C. 2808 is invoked
and made available in accordance with its terms to the Secretary of Defense
and, at the discretion of the Secretary of Defense, to the Secretaries of
the military departments.
W
THE WHITE HOUSE,
November 16, 2001.
[FR Doc. 01–29219
Filed 11–19–01; 10:37 am]
Billing code 3195–01–P
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| National Emergency Construction Authority | 2001-11-16T00:00:00 | 032583f354ebb37df4de76587addf01bed89e6dc6df325c2d016159011a9f90f |
Presidential Executive Order | 01-27917 (13233) | Presidential Documents
56025
Federal Register
Vol. 66, No. 214
Monday, November 5, 2001
Title 3—
The President
Executive Order 13233 of November 1, 2001
Further Implementation of the Presidential Records Act
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to establish policies
and procedures implementing section 2204 of title 44 of the United States
Code with respect to constitutionally based privileges, including those that
apply to Presidential records reflecting military, diplomatic, or national secu-
rity secrets, Presidential communications, legal advice, legal work, or the
deliberative processes of the President and the President’s advisors, and
to do so in a manner consistent with the Supreme Court’s decisions in
Nixon v. Administrator of General Services, 433 U.S. 425 (1977), and other
cases, it is hereby ordered as follows:
Section 1. Definitions.
For purposes of this order:
(a) ‘‘Archivist’’ refers to the Archivist of the United States or his designee.
(b) ‘‘Presidential records’’ refers to those documentary materials maintained
by the National Archives and Records Administration pursuant to the Presi-
dential Records Act, 44 U.S.C. 2201-2207.
(c) ‘‘Former President’’ refers to the former President during whose term
or terms of office particular Presidential records were created.
Sec. 2. Constitutional and Legal Background.
(a) For a period not to exceed 12 years after the conclusion of a Presidency,
the Archivist administers records in accordance with the limitations on
access imposed by section 2204 of title 44. After expiration of that period,
section 2204(c) of title 44 directs that the Archivist administer Presidential
records in accordance with section 552 of title 5, the Freedom of Information
Act, including by withholding, as appropriate, records subject to exemptions
(b)(1), (b)(2), (b)(3), (b)(4), (b)(6), (b)(7), (b)(8), and (b)(9) of section 552.
Section 2204(c)(1) of title 44 provides that exemption (b)(5) of section 552
is not available to the Archivist as a basis for withholding records, but
section 2204(c)(2) recognizes that the former President or the incumbent
President may assert any constitutionally based privileges, including those
ordinarily encompassed within exemption (b)(5) of section 552. The Presi-
dent’s constitutionally based privileges subsume privileges for records that
reflect: military, diplomatic, or national security secrets (the state secrets
privilege); communications of the President or his advisors (the presidential
communications privilege); legal advice or legal work (the attorney-client
or attorney work product privileges); and the deliberative processes of the
President or his advisors (the deliberative process privilege).
(b) In Nixon v. Administrator of General Services, the Supreme Court set
forth the constitutional basis for the President’s privileges for confidential
communications: ‘‘Unless [the President] can give his advisers some assur-
ance of confidentiality, a President could not expect to receive the full
and frank submissions of facts and opinions upon which effective discharge
of his duties depends.’’ 433 U.S. at 448-49. The Court cited the precedent
of the Constitutional Convention, the records of which were ‘‘sealed for
more than 30 years after the Convention.’’ Id. at 447 n.11. Based on those
precedents and principles, the Court ruled that constitutionally based privi-
leges available to a President ‘‘survive[] the individual President’s tenure.’’Id.
at 449. The Court also held that a former President, although no longer
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a Government official, may assert constitutionally based privileges with re-
spect to his Administration’s Presidential records, and expressly rejected
the argument that ‘‘only an incumbent President can assert the privilege
of the Presidency.’’ Id. at 448.
(c) The Supreme Court has held that a party seeking to overcome the
constitutionally based privileges that apply to Presidential records must
establish at least a ‘‘demonstrated, specific need’’ for particular records,
a standard that turns on the nature of the proceeding and the importance
of the information to that proceeding. See United States v. Nixon, 418
U.S. 683, 713 (1974). Notwithstanding the constitutionally based privileges
that apply to Presidential records, many former Presidents have authorized
access, after what they considered an appropriate period of repose, to those
records or categories of records (including otherwise privileged records)
to which the former Presidents or their representatives in their discretion
decided to authorize access. See Nixon v. Administrator of General Services,
433 U.S. at 450-51.
Sec. 3. Procedure for Administering Privileged Presidential Records.
Consistent with the requirements of the Constitution and the Presidential
Records Act, the Archivist shall administer Presidential records under section
2204(c) of title 44 in the following manner:
(a) At an appropriate time after the Archivist receives a request for access
to Presidential records under section 2204(c)(1), the Archivist shall provide
notice to the former President and the incumbent President and, as soon
as practicable, shall provide the former President and the incumbent Presi-
dent copies of any records that the former President and the incumbent
President request to review.
(b) After receiving the records he requests, the former President shall review
those records as expeditiously as possible, and for no longer than 90 days
for requests that are not unduly burdensome. The Archivist shall not permit
access to the records by a requester during this period of review or when
requested by the former President to extend the time for review.
(c) After review of the records in question, or of any other potentially
privileged records reviewed by the former President, the former President
shall indicate to the Archivist whether the former President requests with-
holding of or authorizes access to any privileged records.
(d) Concurrent with or after the former President’s review of the records,
the incumbent President or his designee may also review the records in
question, or may utilize whatever other procedures the incumbent President
deems appropriate to decide whether to concur in the former President’s
decision to request withholding of or authorize access to the records.
(1) When the former President has requested withholding of the records:
(i)
If under the standard set forth in section 4 below, the incumbent
President concurs in the former President’s decision to request
withholding of records as privileged, the incumbent President shall
so inform the former President and the Archivist. The Archivist
shall not permit access to those records by a requester unless and
until the incumbent President advises the Archivist that the former
President and the incumbent President agree to authorize access to
the records or until so ordered by a final and nonappealable court
order.
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(ii)
If under the standard set forth in section 4 below, the incumbent
President does not concur in the former President’s decision to re-
quest withholding of the records as privileged, the incumbent
President shall so inform the former President and the Archivist.
Because the former President independently retains the right to as-
sert constitutionally based privileges, the Archivist shall not permit
access to the records by a requester unless and until the incumbent
President advises the Archivist that the former President and the
incumbent President agree to authorize access to the records or
until so ordered by a final and nonappealable court order.
(2) When the former President has authorized access to the records:
(i)
If under the standard set forth in section 4 below, the incumbent
President concurs in the former President’s decision to authorize
access to the records, the Archivist shall permit access to the
records by the requester.
(ii)
If under the standard set forth in section 4 below, the incumbent
President does not concur in the former President’s decision to au-
thorize access to the records, the incumbent President may inde-
pendently order the Archivist to withhold privileged records. In
that instance, the Archivist shall not permit access to the records
by a requester unless and until the incumbent President advises
the Archivist that the former President and the incumbent Presi-
dent agree to authorize access to the records or until so ordered
by a final and nonappealable court order.
Sec. 4. Concurrence by Incumbent President.
Absent compelling circumstances, the incumbent President will concur in
the privilege decision of the former President in response to a request
for access under section 2204(c)(1). When the incumbent President concurs
in the decision of the former President to request withholding of records
within the scope of a constitutionally based privilege, the incumbent Presi-
dent will support that privilege claim in any forum in which the privilege
claim is challenged.
Sec. 5. Incumbent President’s Right to Obtain Access.
This order does not expand or limit the incumbent President’s right to
obtain access to the records of a former President pursuant to section
2205(2)(B).
Sec. 6. Right of Congress and Courts to Obtain Access.
This order does not expand or limit the rights of a court, House of Congress,
or authorized committee or subcommittee of Congress to obtain access to
the records of a former President pursuant to section 2205(2)(A) or section
2205(2)(C). With respect to such requests, the former President shall review
the records in question and, within 21 days of receiving notice from the
Archivist, indicate to the Archivist his decision with respect to any privilege.
The incumbent President shall indicate his decision with respect to any
privilege within 21 days after the former President has indicated his decision.
Those periods may be extended by the former President or the incumbent
President for requests that are burdensome. The Archivist shall not permit
access to the records unless and until the incumbent President advises
the Archivist that the former President and the incumbent President agree
to authorize access to the records or until so ordered by a final and nonappeal-
able court order.
Sec. 7. No Effect on Right to Withhold Records.
This order does not limit the former President’s or the incumbent President’s
right to withhold records on any ground supplied by the Constitution, statute,
or regulation.
Sec. 8. Withholding of Privileged Records During 12-Year Period.
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In the period not to exceed 12 years after the conclusion of a Presidency
during which section 2204(a) and section 2204(b) of title 44 apply, a former
President or the incumbent President may request withholding of any privi-
leged records not already protected from disclosure under section 2204.
If the former President or the incumbent President so requests, the Archivist
shall not permit access to any such privileged records unless and until
the incumbent President advises the Archivist that the former President
and the incumbent President agree to authorize access to the records or
until so ordered by a final and nonappealable court order.
Sec. 9. Establishment of Procedures.
This order is not intended to indicate whether and under what circumstances
a former President should assert or waive any privilege. The order is intended
to establish procedures for former and incumbent Presidents to make privilege
determinations.
Sec. 10. Designation of Representative.
The former President may designate a representative (or series or group
of alternative representatives, as the former President in his discretion may
determine) to act on his behalf for purposes of the Presidential Records
Act and this order. Upon the death or disability of a former President,
the former President’s designated representative shall act on his behalf for
purposes of the Act and this order, including with respect to the assertion
of constitutionally based privileges. In the absence of any designated rep-
resentative after the former President’s death or disability, the family of
the former President may designate a representative (or series or group
of alternative representatives, as they in their discre tion may determine)
to act on the former President’s behalf for purposes of the Act and this
order, including with respect to the assertion of constitutionally based privi-
leges.
Sec. 11. Vice Presidential Records.
(a) Pursuant to section 2207 of title 44 of the United States Code, the
Presidential Records Act applies to the executive records of the Vice Presi-
dent. Subject to subsections (b) and (c), this order shall also apply with
respect to any such records that are subject to any constitutionally based
privilege that the former Vice President may be entitled to invoke, but
in the administration of this order with respect to such records, references
in this order to a former President shall be deemed also to be references
to the relevant former Vice President.
(b) Subsection (a) shall not be deemed to authorize a Vice President or
former Vice President to invoke any constitutional privilege of a President
or former President except as authorized by that President or former Presi-
dent.
(c) Nothing in this section shall be construed to grant, limit, or otherwise
affect any privilege of a President, Vice President, former President, or
former Vice President.
Sec. 12. Judicial Review.
This order is intended to improve the internal management of the executive
branch and is not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party, other than a former President
or his designated representative, against the United States, its agencies,
its officers, or any person.
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Sec. 13. Revocation.
Executive Order 12667 of January 18, 1989, is revoked.
W
THE WHITE HOUSE,
November 1, 2001.
[FR Doc. 01–27917
Filed 11–2–01; 11:23 am]
Billing code 3195–01–P
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| Further Implementation of the Presidential Records Act | 2001-11-01T00:00:00 | efecf4bfaea9f2a2f719ff815737467c3f47c4cf8b113c412f2ec1fa04d8ff93 |
Presidential Executive Order | 01-26509 (13231) | Presidential Documents
53063
Federal Register
Vol. 66, No. 202
Thursday, October 18, 2001
Title 3—
The President
Executive Order 13231 of October 16, 2001
Critical Infrastructure Protection in the Information Age
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 protection
of information systems for critical infrastructure, including emergency pre-
paredness communications, and the physical assets that support such sys-
tems, in the information age, it is hereby ordered as follows:
Section 1. Policy.
(a) The information technology revolution has changed the way business
is transacted, government operates, and national defense is conducted. Those
three functions now depend on an interdependent network of critical infor-
mation infrastructures. The protection program authorized by this order
shall consist of continuous efforts to secure information systems for critical
infrastructure, including emergency preparedness communications, and the
physical assets that support such systems. Protection of these systems is
essential to the telecommunications, energy, financial services, manufac-
turing, water, transportation, health care, and emergency services sectors.
(b) It is the policy of the United States to protect against disruption
of the operation of information systems for critical infrastructure and thereby
help to protect the people, economy, essential human and government serv-
ices, and national security of the United States, and to ensure that any
disruptions that occur are infrequent, of minimal duration, and manageable,
and cause the least damage possible. The implementation of this policy
shall include a voluntary public-private partnership, involving corporate
and nongovernmental organizations.
Sec. 2. Scope. To achieve this policy, there shall be a senior executive
branch board to coordinate and have cognizance of Federal efforts and
programs that relate to protection of information systems and involve:
(a) cooperation with and protection of private sector critical infrastructure,
State and local governments’ critical infrastructure, and supporting programs
in corporate and academic organizations;
(b) protection of Federal departments’ and agencies’ critical infrastructure;
and
(c) related national security programs.
Sec. 3. Establishment. I hereby establish the ‘‘President’s Critical Infrastruc-
ture Protection Board’’ (the ‘‘Board’’).
Sec. 4. Continuing Authorities. This order does not alter the existing authori-
ties or roles of United States Government departments and agencies. Authori-
ties set forth in 44 U.S.C. Chapter 35, and other applicable law, provide
senior officials with responsibility for the security of Federal Government
information systems.
(a) Executive Branch Information Systems Security. The Director of the
Office of Management and Budget (OMB) has the responsibility to develop
and oversee the implementation of government-wide policies, principles,
standards, and guidelines for the security of information systems that support
the executive branch departments and agencies, except those noted in section
4(b) of this order. The Director of OMB shall advise the President and
the appropriate department or agency head when there is a critical deficiency
in the security practices within the purview of this section in an executive
branch department or agency. The Board shall assist and support the Director
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of OMB in this function and shall be reasonably cognizant of programs
related to security of department and agency information systems.
(b) National Security Information Systems. The Secretary of Defense and
the Director of Central Intelligence (DCI) shall have responsibility to oversee,
develop, and ensure implementation of policies, principles, standards, and
guidelines for the security of information systems that support the operations
under their respective control. In consultation with the Assistant to the
President for National Security Affairs and the affected departments and
agencies, the Secretary of Defense and the DCI shall develop policies, prin-
ciples, standards, and guidelines for the security of national security informa-
tion systems that support the operations of other executive branch depart-
ments and agencies with national security information.
(i)
Policies, principles, standards, and guidelines developed under this
subsection may require more stringent protection than those devel-
oped in accordance with subsection 4(a) of this order.
(ii)
The Assistant to the President for National Security Affairs shall
advise the President and the appropriate department or agency
head when there is a critical deficiency in the security practices
of a department or agency within the purview of this section. The
Board, or one of its standing or ad hoc committees, shall be rea-
sonably cognizant of programs to provide security and continuity
to national security information systems.
(c) Additional Responsibilities: The Heads of Executive Branch Depart-
ments and Agencies. The heads of executive branch departments and agencies
are responsible and accountable for providing and maintaining adequate
levels of security for information systems, including emergency preparedness
communications systems, for programs under their control. Heads of such
departments and agencies shall ensure the development and, within available
appropriations, funding of programs that adequately address these mission
areas. Cost-effective security shall be built into and made an integral part
of government information systems, especially those critical systems that
support the national security and other essential government programs. Addi-
tionally, security should enable, and not unnecessarily impede, department
and agency business operations.
Sec. 5. Board Responsibilities. Consistent with the responsibilities noted
in section 4 of this order, the Board shall recommend policies and coordinate
programs for protecting information systems for critical infrastructure, includ-
ing emergency preparedness communications, and the physical assets that
support such systems. Among its activities to implement these responsibil-
ities, the Board shall:
(a) Outreach to the Private Sector and State and Local Governments.
In consultation with affected executive branch departments and agencies,
coordinate outreach to and consultation with the private sector, including
corporations that own, operate, develop, and equip information, tele-
communications, transportation, energy, water, health care, and financial
services, on protection of information systems for critical infrastructure,
including emergency preparedness communications, and the physical assets
that support such systems; and coordinate outreach to State and local govern-
ments, as well as communities and representatives from academia and other
relevant elements of society.
(i)
When requested to do so, assist in the development of voluntary
standards and best practices in a manner consistent with 15 U.S.C.
Chapter 7;
(ii)
Consult with potentially affected communities, including the legal,
auditing, financial, and insurance communities, to the extent per-
mitted by law, to determine areas of mutual concern; and
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(iii)
Coordinate the activities of senior liaison officers appointed by the
Attorney General, the Secretaries of Energy, Commerce, Transpor-
tation, the Treasury, and Health and Human Services, and the Di-
rector of the Federal Emergency Management Agency for outreach
on critical infrastructure protection issues with private sector orga-
nizations within the areas of concern to these departments and
agencies. In these and other related functions, the Board shall work
in coordination with the Critical Infrastructure Assurance Office
(CIAO) and the National Institute of Standards and Technology of
the Department of Commerce, the National Infrastructure Protection
Center (NIPC), and the National Communications System (NCS).
(b) Information Sharing. Work with industry, State and local governments,
and nongovernmental organizations to ensure that systems are created and
well managed to share threat warning, analysis, and recovery information
among government network operation centers, information sharing and anal-
ysis centers established on a voluntary basis by industry, and other related
operations centers. In this and other related functions, the Board shall work
in coordination with the NCS, the Federal Computer Incident Response
Center, the NIPC, and other departments and agencies, as appropriate.
(c) Incident Coordination and Crisis Response. Coordinate programs and
policies for responding to information systems security incidents that threaten
information systems for critical infrastructure, including emergency prepared-
ness communications, and the physical assets that support such systems.
In this function, the Department of Justice, through the NIPC and the Manager
of the NCS and other departments and agencies, as appropriate, shall work
in coordination with the Board.
(d) Recruitment, Retention, and Training Executive Branch Security Profes-
sionals. In consultation with executive branch departments and agencies,
coordinate programs to ensure that government employees with responsibil-
ities for protecting information systems for critical infrastructure, including
emergency preparedness communications, and the physical assets that sup-
port such systems, are adequately trained and evaluated. In this function,
the Office of Personnel Management shall work in coordination with the
Board, as appropriate.
(e) Research and Development. Coordinate with the Director of the Office
of Science and Technology Policy (OSTP) on a program of Federal Govern-
ment research and development for protection of information systems for
critical infrastructure, including emergency preparedness communications,
and the physical assets that support such systems, and ensure coordination
of government activities in this field with corporations, universities, Federally
funded research centers, and national laboratories. In this function, the
Board shall work in coordination with the National Science Foundation,
the Defense Advanced Research Projects Agency, and with other departments
and agencies, as appropriate.
(f) Law Enforcement Coordination with National Security Components.
Promote programs against cyber crime and assist Federal law enforcement
agencies in gaining necessary cooperation from executive branch departments
and agencies. Support Federal law enforcement agencies’ investigation of
illegal activities involving information systems for critical infrastructure,
including emergency preparedness communications, and the physical assets
that support such systems, and support coordination by these agencies with
other departments and agencies with responsibilities to defend the Nation’s
security. In this function, the Board shall work in coordination with the
Department of Justice, through the NIPC, and the Department of the Treasury,
through the Secret Service, and with other departments and agencies, as
appropriate.
(g) International Information Infrastructure Protection. Support the Depart-
ment of State’s coordination of United States Government programs for
international cooperation covering international information infrastructure
protection issues.
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(h) Legislation. In accordance with OMB circular A–19, advise departments
and agencies, the Director of OMB, and the Assistant to the President for
Legislative Affairs on legislation relating to protection of information systems
for critical infrastructure, including emergency preparedness communica-
tions, and the physical assets that support such systems.
(i) Coordination with Office of Homeland Security. Carry out those func-
tions relating to protection of and recovery from attacks against information
systems for critical infrastructure, including emergency preparedness commu-
nications, that were assigned to the Office of Homeland Security by Executive
Order 13228 of October 8, 2001. The Assistant to the President for Homeland
Security, in coordination with the Assistant to the President for National
Security Affairs, shall be responsible for defining the responsibilities of
the Board in coordinating efforts to protect physical assets that support
information systems.
Sec. 6. Membership. (a) Members of the Board shall be drawn from the
executive branch departments, agencies, and offices listed below; in addition,
concerned Federal departments and agencies may participate in the activities
of appropriate committees of the Board. The Board shall be led by a Chair
and Vice Chair, designated by the President. Its other members shall be
the following senior officials or their designees:
(i) Secretary of State;
(ii) Secretary of the Treasury;
(iii) Secretary of Defense;
(iv) Attorney General;
(v) Secretary of Commerce;
(vi) Secretary of Health and Human Services;
(vii) Secretary of Transportation;
(viii) Secretary of Energy;
(ix) Director of Central Intelligence;
(x) Chairman of the Joint Chiefs of Staff;
(xi) Director of the Federal Emergency Management Agency;
(xii) Administrator of General Services;
(xiii) Director of the Office of Management and Budget;
(xiv) Director of the Office of Science and Technology Policy;
(xv) Chief of Staff to the Vice President;
(xvi) Director of the National Economic Council;
(xvii) Assistant to the President for National Security Affairs;
(xviii) Assistant to the President for Homeland Security;
(xix) Chief of Staff to the President; and
(xx) Such other executive branch officials as the President may designate.
Members of the Board and their designees shall be full-time or permanent
part-time officers or employees of the Federal Government.
(b) In addition, the following officials shall serve as members of the
Board and shall form the Board’s Coordination Committee:
(i)
Director, Critical Infrastructure Assurance Office, Department of
Commerce;
(ii)
Manager, National Communications System;
(iii)
Vice Chair, Chief Information Officers’ (CIO) Council;
(iv)
Information Assurance Director, National Security Agency;
(v)
Deputy Director of Central Intelligence for Community Manage-
ment; and
(vi)
Director, National Infrastructure Protection Center, Federal Bureau
of Investigation, Department of Justice.
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(c) The Chairman of the Federal Communications Commission may appoint
a representative to the Board.
Sec. 7. Chair. (a) The Chair also shall be the Special Advisor to the President
for Cyberspace Security. Executive branch departments and agencies shall
make all reasonable efforts to keep the Chair fully informed in a timely
manner, and to the greatest extent permitted by law, of all programs and
issues within the purview of the Board. The Chair, in consultation with
the Board, shall call and preside at meetings of the Board and set the
agenda for the Board. The Chair, in consultation with the Board, may propose
policies and programs to appropriate officials to ensure the protection of
the Nation’s information systems for critical infrastructure, including emer-
gency preparedness communications, and the physical assets that support
such systems. To ensure full coordination between the responsibilities of
the National Security Council (NSC) and the Office of Homeland Security,
the Chair shall report to both the Assistant to the President for National
Security Affairs and to the Assistant to the President for Homeland Security.
The Chair shall coordinate with the Assistant to the President for Economic
Policy on issues relating to private sector systems and economic effects
and with the Director of OMB on issues relating to budgets and the security
of computer networks addressed in subsection 4(a) of this order.
(b) The Chair shall be assisted by an appropriately sized staff within
the White House Office. In addition, heads of executive branch departments
and agencies are authorized, to the extent permitted by law, to detail or
assign personnel of such departments and agencies to the Board’s staff
upon request of the Chair, subject to the approval of the Chief of Staff
to the President. Members of the Board’s staff with responsibilities relating
to national security information systems, communications, and information
warfare may, with respect to those responsibilities, also work at the direction
of the Assistant to the President for National Security Affairs.
Sec. 8. Standing Committees. (a) The Board may establish standing and
ad hoc committees as appropriate. Representation on standing committees
shall not be limited to those departments and agencies on the Board, but
may include representatives of other concerned executive branch departments
and agencies.
(b) Chairs of standing and ad hoc committees shall report fully and regu-
larly on the activities of the committees to the Board, which shall ensure
that the committees are well coordinated with each other.
(c) There are established the following standing committees:
(i)
Private Sector and State and Local Government Outreach, chaired
by the designee of the Secretary of Commerce, to work in coordi-
nation with the designee of the Chairman of the National Economic
Council.
(ii)
Executive Branch Information Systems Security, chaired by the
designee of the Director of OMB. The committee shall assist OMB
in fulfilling its responsibilities under 44 U.S.C. Chapter 35 and
other applicable law.
(iii)
National Security Systems. The National Security Telecommuni-
cations and Information Systems Security Committee, as established
by and consistent with NSD–42 and chaired by the Department of
Defense, shall serve as a Board standing committee, and be redesig-
nated the Committee on National Security Systems.
(iv)
Incident Response Coordination, co-chaired by the designees of the
Attorney General and the Secretary of Defense.
(v)
Research and Development, chaired by a designee of the Director
of OSTP.
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(vi)
National Security and Emergency Preparedness Communications.
The NCS Committee of Principals is renamed the Board’s Com-
mittee for National Security and Emergency Preparedness Commu-
nications. The reporting functions established above for standing
committees are in addition to the functions set forth in Executive
Order 12472 of April 3, 1984, and do not alter any function or
role set forth therein.
(vii)
Physical Security, co-chaired by the designees of the Secretary of
Defense and the Attorney General, to coordinate programs to en-
sure the physical security of information systems for critical infra-
structure, including emergency preparedness communications, and
the physical assets that support such systems. The standing com-
mittee shall coordinate its work with the Office of Homeland Secu-
rity and shall work closely with the Physical Security Working
Group of the Records Access and Information Security Policy Co-
ordinating Committee to ensure coordination of efforts.
(viii)
Infrastructure Interdependencies, co-chaired by the designees of
the Secretaries of Transportation and Energy, to coordinate pro-
grams to assess the unique risks, threats, and vulnerabilities associ-
ated with the interdependency of information systems for critical
infrastructures, including the development of effective models, sim-
ulations, and other analytic tools and cost-effective technologies in
this area.
(ix)
International Affairs, chaired by a designee of the Secretary of
State, to support Department of State coordination of United States
Government programs for international cooperation covering inter-
national information infrastructure issues.
(x)
Financial and Banking Information Infrastructure, chaired by a des-
ignee of the Secretary of the Treasury and including representatives
of the banking and financial institution regulatory agencies.
(xi)
Other Committees. Such other standing committees as may be es-
tablished by the Board.
(d) Subcommittees. The chair of each standing committee may form nec-
essary subcommittees with organizational representation as determined by
the Chair.
(e) Streamlining. The Board shall develop procedures that specify the
manner in which it or a subordinate committee will perform the responsibil-
ities previously assigned to the Policy Coordinating Committee. The Board,
in coordination with the Director of OSTP, shall review the functions of
the Joint Telecommunications Resources Board, established under Executive
Order 12472, and make recommendations about its future role.
Sec. 9. Planning and Budget. (a) The Board, on a periodic basis, shall
propose a National Plan or plans for subjects within its purview. The Board,
in coordination with the Office of Homeland Security, also shall make
recommendations to OMB on those portions of executive branch department
and agency budgets that fall within the Board’s purview, after review of
relevant program requirements and resources.
(b) The Office of Administration within the Executive Office of the Presi-
dent shall provide the Board with such personnel, funding, and administra-
tive support, to the extent permitted by law and subject to the availability
of appropriations, as directed by the Chief of Staff to carry out the provisions
of this order. Only those funds that are available for the Office of Homeland
Security, established by Executive Order 13228, shall be available for such
purposes. To the extent permitted by law and as appropriate, agencies rep-
resented on the Board also may provide administrative support for the
Board. The National Security Agency shall ensure that the Board’s informa-
tion and communications systems are appropriately secured.
(c) The Board may annually request the National Science Foundation,
Department of Energy, Department of Transportation, Environmental Protec-
tion Agency, Department of Commerce, Department of Defense, and the
Intelligence Community, as that term is defined in Executive Order 12333
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of December 4, 1981, to include in their budget requests to OMB funding
for demonstration projects and research to support the Board’s activities.
Sec. 10. Presidential Advisory Panels. The Chair shall work closely with
panels of senior experts from outside of the government that advise the
President, in particular: the President’s National Security Telecommuni-
cations Advisory Committee (NSTAC) created by Executive Order 12382
of September 13, 1982, as amended, and the National Infrastructure Advisory
Council (NIAC or Council) created by this Executive Order. The Chair and
Vice Chair of these two panels also may meet with the Board, as appropriate
and to the extent permitted by law, to provide a private sector perspective.
(a) NSTAC. The NSTAC provides the President advice on the security
and continuity of communications systems essential for national security
and emergency preparedness.
(b) NIAC. There is hereby established the National Infrastructure Advisory
Council, which shall provide the President advice on the security of informa-
tion systems for critical infrastructure supporting other sectors of the econ-
omy: banking and finance, transportation, energy, manufacturing, and emer-
gency government services. The NIAC shall be composed of not more than
30 members appointed by the President. The members of the NIAC shall
be selected from the private sector, academia, and State and local government.
Members of the NIAC shall have expertise relevant to the functions of
the NIAC and generally shall be selected from industry Chief Executive
Officers (and equivalently ranked leaders in other organizations) with respon-
sibilities for the security of information infrastructure supporting the critical
sectors of the economy, including banking and finance, transportation, en-
ergy, communications, and emergency government services. Members shall
not be full-time officials or employees of the executive branch of the Federal
Government.
(i)
The President shall designate a Chair and Vice Chair from among
the members of the NIAC.
(ii)
The Chair of the Board established by this order will serve as the
Executive Director of the NIAC.
(c) NIAC Functions. The NIAC will meet periodically to:
(i)
enhance the partnership of the public and private sectors in pro-
tecting information systems for critical infrastructures and provide
reports on this issue to the President, as appropriate;
(ii)
propose and develop ways to encourage private industry to perform
periodic risk assessments of critical information and telecommuni-
cations systems;
(iii)
monitor the development of private sector Information Sharing and
Analysis Centers (ISACs) and provide recommendations to the
Board on how these organizations can best foster improved co-
operation among the ISACs, the NIPC, and other Federal Govern-
ment entities;
(iv)
report to the President through the Board, which shall ensure ap-
propriate coordination with the Assistant to the President for Eco-
nomic Policy under the terms of this order; and
(v)
advise lead agencies with critical infrastructure responsibilities, sec-
tor coordinators, the NIPC, the ISACs, and the Board.
(d) Administration of the NIAC.
(i)
The NIAC may hold hearings, conduct inquiries, and establish sub-
committees, as appropriate.
(ii)
Upon the request of the Chair, and to the extent permitted by law,
the heads of the executive branch departments and agencies shall
provide the Council with information and advice relating to its
functions.
(iii)
Senior Federal Government officials may participate in the meet-
ings of the NIAC, as appropriate.
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(iv)
Members shall serve without compensation for their work on the
Council. However, members may be allowed travel expenses, in-
cluding per diem in lieu of subsistence, as authorized by law for
persons serving intermittently in Federal Government service (5
U.S.C. 5701–5707).
(v)
To the extent permitted by law, and subject to the availability of
appropriations, the Department of Commerce, through the CIAO,
shall provide the NIAC with administrative services, staff, and
other support services and such funds as may be necessary for the
performance of the NIAC’s functions.
(e) General Provisions.
(i)
Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App.), may apply to the NIAC, the functions of the Presi-
dent under that Act, except that of reporting to the Congress, shall
be performed by the Department of Commerce in accordance with
the guidelines and procedures established by the Administrator of
General Services.
(ii)
The Council shall terminate 2 years from the date of this order,
unless extended by the President prior to that date.
(iii)
Executive Order 13130 of July 14, 1999, is hereby revoked.
Sec. 11. National Communications System. Changes in technology are causing
the convergence of much of telephony, data relay, and internet communica-
tions networks into an interconnected network of networks. The NCS and
its National Coordinating Center shall support use of telephony, converged
information, voice networks, and next generation networks for emergency
preparedness and national security communications functions assigned to
them in Executive Order 12472. All authorities and assignments of respon-
sibilities to departments and agencies in that order, including the role of
the Manager of NCS, remain unchanged except as explicitly modified by
this order.
Sec. 12. Counter-intelligence. The Board shall coordinate its activities with
those of the Office of the Counter-intelligence Executive to address the
threat to programs within the Board’s purview from hostile foreign intel-
ligence services.
Sec. 13. Classification Authority. I hereby delegate to the Chair the authority
to classify information originally as Top Secret, in accordance with Executive
Order 12958 of April 17, 1995, as amended, or any successor Executive
Order.
Sec. 14. General Provisions. (a) Nothing in this order shall supersede any
requirement made by or under law.
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(b) This order does not create any right or benefit, substantive or proce-
dural, enforceable at law or equity, against the United States, its departments,
agencies or other entities, its officers or employees, or any other person.
W
THE WHITE HOUSE,
October 16, 2001.
[FR Doc. 01–26509
Filed 10–17–01; 10:32 am]
Billing code 3195–01–P
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| Critical Infrastructure Protection in the Information Age | 2001-10-16T00:00:00 | 1794879ef4acaac8035e7314664541f40b41f0e010e61067fda0b07a062046f5 |
Presidential Executive Order | 01-26339 (13230) | Presidential Documents
52841
Federal Register
Vol. 66, No. 201
Wednesday, October 17, 2001
Title 3—
The President
Executive Order 13230 of October 12, 2001
President’s Advisory Commission on Educational Excellence
for Hispanic Americans
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to advance the develop-
ment of human potential, strengthen the Nation’s capacity to provide high-
quality education, and increase opportunities for Hispanic Americans to
participate in and benefit from Federal education programs, it is hereby
ordered as follows:
Section 1. There is established, in the Department of Education, the Presi-
dent’s Advisory Commission on Educational Excellence for Hispanic Ameri-
cans (Commission). The Commission shall consist of not more than 25
members. Twenty-one of the members shall be appointed by the President.
Those members shall be representatives of educational, business, profes-
sional, and community organizations who are committed to improving edu-
cational attainment within the Hispanic community, as well as other persons
deemed appropriate by the President. The President shall designate two
of the appointed members to serve as Co-Chairs of the Commission. The
other four members of the Commission shall be ex officio members, one
each from the Department of Education, the Department of Housing and
Urban Development, the Department of the Treasury, and the Small Business
Administration. The ex officio members shall be the respective Secretaries
of those agencies and the Administrator of the Small Business Administra-
tion, or their designees.
Sec. 2. The Commission shall provide advice to the Secretary of Education
(‘‘Secretary’’) and shall issue reports to the President, as described in section
7 below, concerning:
(a) the progress of Hispanic Americans in closing the academic achievement
gap and attaining the goals established by the President’s ‘‘No Child Left
Behind’’ educational blueprint;
(b) the development, monitoring, and coordination of Federal efforts to
promote high-quality education for Hispanic Americans;
(c) ways to increase parental, State and local, private sector, and community
involvement in improving education; and
(d) ways to maximize the effectiveness of Federal education initiatives
within the Hispanic community.
Sec. 3. There is established, in the Department of Education, an office
called the White House Initiative on Educational Excellence for Hispanic
Americans (Initiative). The Initiative shall be located at, staffed, and sup-
ported by the Department of Education, and headed by a Director, who
shall be a senior level executive branch official who reports to the Secretary.
The Initiative shall provide the necessary staff, resources, and assistance
to the Commission and shall assist and advise the Secretary in carrying
out his responsibilities under this order. The staff of the Initiative shall
gather and disseminate information relating to the educational achievement
gap of Hispanic Americans, using a variety of means, including conducting
surveys, conferences, field hearings, and meetings, and other appropriate
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Federal Register / Vol. 66, No. 201 / Wednesday, October 17, 2001 / Presidential Documents
vehicles designed to encourage the participation of organizations and individ-
uals interested in such issues, including parents, community leaders, acad-
emicians, business leaders, teachers, employers, employees and public offi-
cials at the local, State, and Federal levels. To the extent permitted by
law, executive branch departments and agencies shall cooperate in providing
resources, including personnel detailed to the Initiative, to meet the objectives
of this order. The Initiative shall include both career civil service and
appointed staff with expertise in the area of education.
Sec. 4. Executive branch departments and agencies, to the extent permitted
by law and practicable, shall provide any appropriate information requested
by the Commission or the staff of the Initiative, including data relating
to the eligibility for and participation by Hispanic Americans in Federal
education programs and the progress of Hispanic Americans in closing the
academic achievement gap and in achieving the goals of the President’s
‘‘No Child Left Behind’’ education blueprint. Where adequate data are not
available, the Commission shall suggest the means for collecting the data.
In accordance with the accountability goals established by the President,
executive branch departments and agencies involved in relevant programs
shall report to the President through the Initiative by September 30, 2002,
on:
(a) efforts to increase participation of Hispanic Americans in Federal edu-
cation programs and services;
(b) efforts to include Hispanic-serving school districts, Hispanic-serving
institutions, and other educational institutions for Hispanic Americans in
Federal education programs and services;
(c) levels of participation attained by Hispanic Americans in Federal edu-
cation programs and services; and
(d) the measurable impact resulting from these efforts and levels of partici-
pation. The Department of Education’s report also shall describe the overall
condition of Hispanic American education and such other aspects of the
educational status of Hispanic Americans, as the Secretary considers appro-
priate.
Sec. 5. Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App), may apply to the Commission, any functions of the President
under that Act, except that of reporting to the Congress, shall be performed
by the Department of Education in accordance with the guidelines that
have been issued by the Administrator of General Services.
Sec. 6. (a) Members of the Commission shall serve without compensation,
but shall be allowed travel expenses, including per diem in lieu of subsist-
ence, as authorized by law for persons serving intermittently in the Govern-
ment service (5 U.S.C. 5701–5707).
(b) To the extent permitted by law, the Department of Education shall
provide funding and administrative support for the Commission and the
Initiative.
Sec. 7. The Commission shall prepare and submit an interim and final
report to the President outlining its findings and recommendations as follows:
(a) The Commission shall submit an Interim Report no later than September
30, 2002. The Interim Report shall describe the Commission’s examination
of:
(i)
available research and information on the effectiveness of current
practices at the local, State, and Federal levels in closing the edu-
cational achievement gap for Hispanic Americans and attaining the
goals established by the President’s ‘‘No Child Left Behind’’ edu-
cational blueprint;
(ii)
available research and information on the effectiveness of current
practices involving Hispanic parents in the education of their chil-
dren; and
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(iii)
the appropriate role of Federal agencies’ education programs in
helping Hispanic parents successfully prepare their children to
graduate from high school and attend post secondary institutions.
(b) The Commission shall issue a Final Report no later than March 31,
2003. The Final Report shall set forth the Commission’s recommendations
regarding:
(i)
a multi-year plan, based on the data collected concerning identi-
fication of barriers to and successful models for closing the edu-
cational achievement gap for Hispanic Americans, that provides for
a coordinated effort among parents, community leaders, business
leaders, educators, and public officials at the local, State, and Fed-
eral levels to close the educational achievement gap for Hispanic
Americans and ensure attainment of the goals established by the
President’s ‘‘No Child Left Behind’’ educational blueprint.
(ii)
the development of a monitoring system that measures and holds
executive branch departments and agencies accountable for the co-
ordination of Federal efforts among the designated executive de-
partments and agencies to ensure the participation of Hispanic
Americans in Federal education programs and promote high-quality
education for Hispanic Americans;
(iii)
the identification of successful methods employed throughout the
Nation in increasing parental, State and local, private sector, and
community involvement in improving education for Hispanic
Americans;
(iv)
ways to improve on and measure the effectiveness of Federal agen-
cies’ education programs in ensuring that Hispanic Americans close
the educational achievement gap and attain the goals established
by the President’s ‘‘No Child Left Behind’’ educational blueprint;
and
(v)
how Federal Government education programs can best be applied
to ensure Hispanic parents successfully prepare their children to
attend post secondary institutions.
Sec. 8. The Commission shall terminate 30 days after submitting its final
report, unless extended by the President.
Sec. 9. Executive Order 12900 of February 22, 1994, as amended, is revoked.
W
THE WHITE HOUSE,
October 12, 2001.
[FR Doc. 01–26339
Filed 10–16–01; 8:45 am]
Billing code 3195–01–P
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| President's Advisory Commission on Educational Excellence for Hispanic Americans | 2001-10-12T00:00:00 | ae98c4f49db19695746fb7da484ed6568b7585da9c8dd499f2a8a754e2f11c47 |
Presidential Executive Order | 01-25788 (13229) | Presidential Documents
52013
Federal Register / Vol. 66, No. 197 / Thursday, October 11, 2001 / Presidential Documents
Executive Order 13229 of October 9, 2001
Amendment to Executive Order 13045, Extending the Task
Force on Environmental Health Risks and Safety Risks to
Children
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to extend the Task
Force on Environmental Health Risks and Safety Risks to Children, it is
hereby ordered that Executive Order 13045 of April 21, 1997, is amended
by deleting in section 3–306 of that order ‘‘for a period of 4 years from
the first meeting’’ and inserting in lieu thereof ‘‘for 6 years from the date
of this order’’.
W
THE WHITE HOUSE,
October 9, 2001.
[FR Doc. 01–25788
Filed 10–10–01; 8:54 am]
Billing code 3195–01–P
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| Amendment to Executive Order 13045, Extending the Task Force on Environmental Health Risks and Safety Risks to Children | 2001-10-09T00:00:00 | 7cb87f93663171e24014b3d192e040e3476e1a25013a923231c00ff66a1596fb |
Presidential Executive Order | 01-25677 (13228) | Presidential Documents
51812
Federal Register / Vol. 66, No. 196 / Wednesday, October 10, 2001 / Presidential Documents
Executive Order 13228 of October 8, 2001
Establishing the Office of Homeland Security and the Home-
land Security 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. Establishment. I hereby establish within the Executive Office
of the President an Office of Homeland Security (the ‘‘Office’’) to be headed
by the Assistant to the President for Homeland Security.
Sec. 2. Mission. The mission of the Office shall be to develop and coordinate
the implementation of a comprehensive national strategy to secure the United
States from terrorist threats or attacks. The Office shall perform the functions
necessary to carry out this mission, including the functions specified in
section 3 of this order.
Sec. 3. Functions. The functions of the Office shall be to coordinate the
executive branch’s efforts to detect, prepare for, prevent, protect against,
respond to, and recover from terrorist attacks within the United States.
(a) National Strategy. The Office shall work with executive departments
and agencies, State and local governments, and private entities to ensure
the adequacy of the national strategy for detecting, preparing for, preventing,
protecting against, responding to, and recovering from terrorist threats or
attacks within the United States and shall periodically review and coordinate
revisions to that strategy as necessary.
(b) Detection. The Office shall identify priorities and coordinate efforts
for collection and analysis of information within the United States regarding
threats of terrorism against the United States and activities of terrorists
or terrorist groups within the United States. The Office also shall identify,
in coordination with the Assistant to the President for National Security
Affairs, priorities for collection of intelligence outside the United States
regarding threats of terrorism within the United States.
(i)
In performing these functions, the Office shall work with Federal,
State, and local agencies, as appropriate, to:
(A)
facilitate collection from State and local governments and
private entities of information pertaining to terrorist threats
or activities within the United States;
(B)
coordinate and prioritize the requirements for foreign intel-
ligence relating to terrorism within the United States of ex-
ecutive departments and agencies responsible for homeland
security and provide these requirements and priorities to the
Director of Central Intelligence and other agencies respon-
sible for collection of foreign intelligence;
(C)
coordinate efforts to ensure that all executive departments
and agencies that have intelligence collection responsibilities
have sufficient technological capabilities and resources to
collect intelligence and data relating to terrorist activities or
possible terrorist acts within the United States, working with
the Assistant to the President for National Security Affairs,
as appropriate;
(D)
coordinate development of monitoring protocols and equip-
ment for use in detecting the release of biological, chemical,
and radiological hazards; and
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(E)
ensure that, to the extent permitted by law, all appropriate
and necessary intelligence and law enforcement information
relating to homeland security is disseminated to and ex-
changed among appropriate executive departments and agen-
cies responsible for homeland security and, where appro-
priate for reasons of homeland security, promote exchange
of such information with and among State and local govern-
ments and private entities.
(ii)
Executive departments and agencies shall, to the extent permitted
by law, make available to the Office all information relating to ter-
rorist threats and activities within the United States.
(c) Preparedness. The Office of Homeland Security shall coordinate na-
tional efforts to prepare for and mitigate the consequences of terrorist threats
or attacks within the United States. In performing this function, the Office
shall work with Federal, State, and local agencies, and private entities,
as appropriate, to:
(i)
review and assess the adequacy of the portions of all Federal emer-
gency response plans that pertain to terrorist threats or attacks
within the United States;
(ii)
coordinate domestic exercises and simulations designed to assess
and practice systems that would be called upon to respond to a
terrorist threat or attack within the United States and coordinate
programs and activities for training Federal, State, and local em-
ployees who would be called upon to respond to such a threat
or attack;
(iii)
coordinate national efforts to ensure public health preparedness for
a terrorist attack, including reviewing vaccination policies and re-
viewing the adequacy of and, if necessary, increasing vaccine and
pharmaceutical stockpiles and hospital capacity;
(iv)
coordinate Federal assistance to State and local authorities and
nongovernmental organizations to prepare for and respond to ter-
rorist threats or attacks within the United States;
(v)
ensure that national preparedness programs and activities for ter-
rorist threats or attacks are developed and are regularly evaluated
under appropriate standards and that resources are allocated to im-
proving and sustaining preparedness based on such evaluations;
and
(vi)
ensure the readiness and coordinated deployment of Federal re-
sponse teams to respond to terrorist threats or attacks, working
with the Assistant to the President for National Security Affairs,
when appropriate.
(d) Prevention. The Office shall coordinate efforts to prevent terrorist
attacks within the United States. In performing this function, the Office
shall work with Federal, State, and local agencies, and private entities,
as appropriate, to:
(i)
facilitate the exchange of information among such agencies relating
to immigration and visa matters and shipments of cargo; and,
working with the Assistant to the President for National Security
Affairs, ensure coordination among such agencies to prevent the
entry of terrorists and terrorist materials and supplies into the
United States and facilitate removal of such terrorists from the
United States, when appropriate;
(ii)
coordinate efforts to investigate terrorist threats and attacks within
the United States; and
(iii)
coordinate efforts to improve the security of United States borders,
territorial waters, and airspace in order to prevent acts of terrorism
within the United States, working with the Assistant to the Presi-
dent for National Security Affairs, when appropriate.
(e) Protection. The Office shall coordinate efforts to protect the United
States and its critical infrastructure from the consequences of terrorist attacks.
In performing this function, the Office shall work with Federal, State, and
local agencies, and private entities, as appropriate, to:
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(i)
strengthen measures for protecting energy production, transmission,
and distribution services and critical facilities; other utilities; tele-
communications; facilities that produce, use, store, or dispose of
nuclear material; and other critical infrastructure services and crit-
ical facilities within the United States from terrorist attack;
(ii)
coordinate efforts to protect critical public and privately owned in-
formation systems within the United States from terrorist attack;
(iii)
develop criteria for reviewing whether appropriate security meas-
ures are in place at major public and privately owned facilities
within the United States;
(iv)
coordinate domestic efforts to ensure that special events deter-
mined by appropriate senior officials to have national significance
are protected from terrorist attack;
(v)
coordinate efforts to protect transportation systems within the
United States, including railways, highways, shipping, ports and
waterways, and airports and civilian aircraft, from terrorist attack;
(vi)
coordinate efforts to protect United States livestock, agriculture,
and systems for the provision of water and food for human use
and consumption from terrorist attack; and
(vii)
coordinate efforts to prevent unauthorized access to, development
of, and unlawful importation into the United States of, chemical,
biological, radiological, nuclear, explosive, or other related mate-
rials that have the potential to be used in terrorist attacks.
(f) Response and Recovery. The Office shall coordinate efforts to respond
to and promote recovery from terrorist threats or attacks within the United
States. In performing this function, the Office shall work with Federal,
State, and local agencies, and private entities, as appropriate, to:
(i)
coordinate efforts to ensure rapid restoration of transportation sys-
tems, energy production, transmission, and distribution systems;
telecommunications; other utilities; and other critical infrastructure
facilities after disruption by a terrorist threat or attack;
(ii)
coordinate efforts to ensure rapid restoration of public and private
critical information systems after disruption by a terrorist threat or
attack;
(iii)
work with the National Economic Council to coordinate efforts to
stabilize United States financial markets after a terrorist threat or
attack and manage the immediate economic and financial con-
sequences of the incident;
(iv)
coordinate Federal plans and programs to provide medical, finan-
cial, and other assistance to victims of terrorist attacks and their
families; and
(v)
coordinate containment and removal of biological, chemical, radio-
logical, explosive, or other hazardous materials in the event of a
terrorist threat or attack involving such hazards and coordinate ef-
forts to mitigate the effects of such an attack.
(g) Incident Management. The Assistant to the President for Homeland
Security shall be the individual primarily responsible for coordinating the
domestic response efforts of all departments and agencies in the event of
an imminent terrorist threat and during and in the immediate aftermath
of a terrorist attack within the United States and shall be the principal
point of contact for and to the President with respect to coordination of
such efforts. The Assistant to the President for Homeland Security shall
coordinate with the Assistant to the President for National Security Affairs,
as appropriate.
(h) Continuity of Government. The Assistant to the President for Homeland
Security, in coordination with the Assistant to the President for National
Security Affairs, shall review plans and preparations for ensuring the con-
tinuity of the Federal Government in the event of a terrorist attack that
threatens the safety and security of the United States Government or its
leadership.
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(i) Public Affairs. The Office, subject to the direction of the White House
Office of Communications, shall coordinate the strategy of the executive
branch for communicating with the public in the event of a terrorist threat
or attack within the United States. The Office also shall coordinate the
development of programs for educating the public about the nature of terrorist
threats and appropriate precautions and responses.
(j) Cooperation with State and Local Governments and Private Entities.
The Office shall encourage and invite the participation of State and local
governments and private entities, as appropriate, in carrying out the Office’s
functions.
(k) Review of Legal Authorities and Development of Legislative Proposals.
The Office shall coordinate a periodic review and assessment of the legal
authorities available to executive departments and agencies to permit them
to perform the functions described in this order. When the Office determines
that such legal authorities are inadequate, the Office shall develop, in con-
sultation with executive departments and agencies, proposals for presidential
action and legislative proposals for submission to the Office of Management
and Budget to enhance the ability of executive departments and agencies
to perform those functions. The Office shall work with State and local
governments in assessing the adequacy of their legal authorities to permit
them to detect, prepare for, prevent, protect against, and recover from terrorist
threats and attacks.
(l) Budget Review. The Assistant to the President for Homeland Security,
in consultation with the Director of the Office of Management and Budget
(the ‘‘Director’’) and the heads of executive departments and agencies, shall
identify programs that contribute to the Administration’s strategy for home-
land security and, in the development of the President’s annual budget
submission, shall review and provide advice to the heads of departments
and agencies for such programs. The Assistant to the President for Homeland
Security shall provide advice to the Director on the level and use of funding
in departments and agencies for homeland security-related activities and,
prior to the Director’s forwarding of the proposed annual budget submission
to the President for transmittal to the Congress, shall certify to the Director
the funding levels that the Assistant to the President for Homeland Security
believes are necessary and appropriate for the homeland security-related
activities of the executive branch.
Sec. 4. Administration.
(a) The Office of Homeland Security shall be directed by the Assistant
to the President for Homeland Security.
(b) The Office of Administration within the Executive Office of the Presi-
dent shall provide the Office of Homeland Security with such personnel,
funding, and administrative support, to the extent permitted by law and
subject to the availability of appropriations, as directed by the Chief of
Staff to carry out the provisions of this order.
(c) Heads of executive departments and agencies are authorized, to the
extent permitted by law, to detail or assign personnel of such departments
and agencies to the Office of Homeland Security upon request of the Assistant
to the President for Homeland Security, subject to the approval of the
Chief of Staff.
Sec. 5. Establishment of Homeland Security Council.
(a) I hereby establish a Homeland Security Council (the ‘‘Council’’), which
shall be responsible for advising and assisting the President with respect
to all aspects of homeland security. The Council shall serve as the mechanism
for ensuring coordination of homeland security-related activities of executive
departments and agencies and effective development and implementation
of homeland security policies.
(b) The Council shall have as its members the President, the Vice President,
the Secretary of the Treasury, the Secretary of Defense, the Attorney General,
the Secretary of Health and Human Services, the Secretary of Transportation,
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the Director of the Federal Emergency Management Agency, the Director
of the Federal Bureau of Investigation, the Director of Central Intelligence,
the Assistant to the President for Homeland Security, and such other officers
of the executive branch as the President may from time to time designate.
The Chief of Staff, the Chief of Staff to the Vice President, the Assistant
to the President for National Security Affairs, the Counsel to the President,
and the Director of the Office of Management and Budget also are invited
to attend any Council meeting. The Secretary of State, the Secretary of
Agriculture, the Secretary of the Interior, the Secretary of Energy, the Sec-
retary of Labor, the Secretary of Commerce, the Secretary of Veterans Affairs,
the Administrator of the Environmental Protection Agency, the Assistant
to the President for Economic Policy, and the Assistant to the President
for Domestic Policy shall be invited to attend meetings pertaining to their
responsibilities. The heads of other executive departments and agencies
and other senior officials shall be invited to attend Council meetings when
appropriate.
(c) The Council shall meet at the President’s direction. When the President
is absent from a meeting of the Council, at the President’s direction the
Vice President may preside. The Assistant to the President for Homeland
Security shall be responsible, at the President’s direction, for determining
the agenda, ensuring that necessary papers are prepared, and recording
Council actions and Presidential decisions.
Sec. 6. Original Classification Authority. I hereby delegate the authority
to classify information originally as Top Secret, in accordance with Executive
Order 12958 or any successor Executive Order, to the Assistant to the
President for Homeland Security.
Sec. 7. Continuing Authorities. This order does not alter the existing authori-
ties of United States Government departments and agencies. All executive
departments and agencies are directed to assist the Council and the Assistant
to the President for Homeland Security in carrying out the purposes of
this order.
Sec. 8. General Provisions.
(a) This order does not create any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the United States, its depart-
ments, agencies or instrumentalities, its officers or employees, or any other
person.
(b) References in this order to State and local governments shall be con-
strued to include tribal governments and United States territories and other
possessions.
(c) References to the ‘‘United States’’ shall be construed to include United
States territories and possessions.
Sec. 9. Amendments to Executive Order 12656. Executive Order 12656 of
November 18, 1988, as amended, is hereby further amended as follows:
(a) Section 101(a) is amended by adding at the end of the fourth sentence:
‘‘, except that the Homeland Security Council shall be responsible for admin-
istering such policy with respect to terrorist threats and attacks within
the United States.’’
(b) Section 104(a) is amended by adding at the end: ‘‘, except that the
Homeland Security Council is the principal forum for consideration of policy
relating to terrorist threats and attacks within the United States.’’
(c) Section 104(b) is amended by inserting the words ‘‘and the Homeland
Security Council’’ after the words ‘‘National Security Council.’’
(d) The first sentence of section 104(c) is amended by inserting the words
‘‘and the Homeland Security Council’’ after the words ‘‘National Security
Council.’’
(e) The second sentence of section 104(c) is replaced with the following
two sentences: ‘‘Pursuant to such procedures for the organization and man-
agement of the National Security Council and Homeland Security Council
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processes as the President may establish, the Director of the Federal Emer-
gency Management Agency also shall assist in the implementation of and
management of those processes as the President may establish. The Director
of the Federal Emergency Management Agency also shall assist in the imple-
mentation of national security emergency preparedness policy by coordi-
nating with the other Federal departments and agencies and with State
and local governments, and by providing periodic reports to the National
Security Council and the Homeland Security Council on implementation
of national security emergency preparedness policy.’’
(f) Section 201(7) is amended by inserting the words ‘‘and the Homeland
Security Council’’ after the words ‘‘National Security Council.’’
(g) Section 206 is amended by inserting the words ‘‘and the Homeland
Security Council’’ after the words ‘‘National Security Council.’’
(h) Section 208 is amended by inserting the words ‘‘or the Homeland
Security Council’’ after the words ‘‘National Security Council.’’
W
THE WHITE HOUSE,
October 8, 2001.
[FR Doc. 01–25677
Filed 10–9–01; 12:12 pm]
Billing code 3195–01–P
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Presidential Executive Order | 01-25344 (13227) | Presidential Documents
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Federal Register
Vol. 66, No. 194
Friday, October 5, 2001
Title 3—
The President
Executive Order 13227 of October 2, 2001
President’s Commission on Excellence in Special 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 as follows:
Section 1. Policy. The education of all children, regardless of background
or disability, while chiefly a State and local responsibility, must always
be a national priority. One of the most important goals of my Administration
is to support States and local communities in creating and maintaining
a system of public education where no child is left behind. Unfortunately,
among those at greatest risk of being left behind are children with disabilities.
The Individuals with Disabilities Education Act (IDEA) is a landmark statute
that asserts the rights of all children with disabilities to a free, appropriate
public education. My Administration strongly supports the principles em-
bodied in the IDEA and the goal of providing special education and related
services to children with disabilities so that they can meet high academic
standards and participate fully in American society. It is imperative that
special education operate as an integral part of a system that expects high
achievement of all children, rather than as a means of avoiding accountability
for children who are more challenging to educate or who have fallen behind.
Sec. 2. Establishment. There is established a President’s Commission on
Excellence in Special Education (the ‘‘Commission’’). The Commission shall
be composed of not more than 19 members to be appointed by the President
from the public and private sectors, as well as up to 5 ex officio members
from the Departments of Education and Health and Human Services. The
members may include current and former Federal, State, and local govern-
ment officials, recognized special education experts, special and general
education finance experts, education researchers, educational practitioners,
parents of children or young adults with disabilities, persons with disabilities,
and others with special experience and expertise in the education of children
with disabilities. The President shall designate a Chairperson from among
the members of the Commission. The Secretary of Education shall select
an Executive Director for the Commission.
Sec. 3. Duties and Commission Report. (a) The Commission shall collect
information and study issues related to Federal, State, and local special
education programs with the goal of recommending policies for improving
the educational performance of students with disabilities. In furtherance
of its duties, the Commission shall invite experts and members of the public
to provide information and guidance.
(b) Not later than April 30, 2002, the Commission shall prepare and
submit a report to the President outlining its findings and recommendations.
The report shall include, but need not be limited to:
(1) An examination of available research and information on the effective-
ness and cost of special education and the appropriate role of the Federal
Government in special education programming and funding. The examination
shall include an analysis of the factors that have contributed to the growth
in costs of special education since the enactment of the Education for
All Handicapped Children Act (a predecessor of IDEA);
(2) Recommendations regarding how Federal resources can best be used
to improve educational results for students with disabilities;
(3) A recommended special education research agenda;
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(4) An analysis of the impact of providing appropriate early intervention
in reading instruction on the referral and identification of children for special
education;
(5) An analysis of the effect of special education funding on decisions
to serve, place, or refer children for special education services and rec-
ommendations for alternative funding formulae that might distribute funds
to achieve better results and eliminate any current incentives that undermine
the goals of ensuring that children with disabilities receive a high-quality
education;
(6) An analysis of, and recommendations regarding, how the Federal Gov-
ernment can help States and local education agencies provide a high-quality
education to students with disabilities, including the recruitment and reten-
tion of qualified personnel and the inclusion of children with disabilities
in performance and accountability systems;
(7) An analysis of the impact of Federal and State statutory, regulatory,
and administrative requirements on the cost and effectiveness of special
education services, and how these requirements support or hinder the edu-
cational achievement of students with disabilities;
(8) An assessment of how differences in local educational agency size,
location, demographics, and wealth, and in State law and practice affect
which children are referred to special education, and the cost of special
education; and
(9) A review of the experiences of State and local governments in financing
special education, and an analysis of whether changes to the Federal ‘‘supple-
ment not supplant’’ and ‘‘maintenance of effort’’ requirements are appro-
priate.
Sec. 4. Administration, Compensation, and Termination.
(a) The Department of Education shall, to the extent permitted by law,
provide administrative support and funding for the Commission. In addition,
appropriate Federal agencies may designate staff to assist with the work
of the Commission. To the extent permitted by law, Federal Government
employees may be detailed to the Commission without reimbursement to
the Federal agency.
(b) Members of the Commission shall serve without compensation but,
while engaged in the work of the Commission, members appointed from
among private citizens of the United States shall be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law for persons
serving intermittently in the government service (5 U.S.C. 5701–5707), to
the extent funds are available for such purposes.
(c) The functions of the President under the Federal Advisory Committee
Act that are applicable to the Commission, except that of reporting to the
Congress, shall be performed by the Department of Education in accordance
with the guidelines that have been issued by the Administrator of General
Services.
(d) The Chairperson may from time to time prescribe such rules, proce-
dures, and policies relating to the activities of the Commission as are not
inconsistent with law or with the provisions of this order.
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(e) The Commission shall terminate 30 days after submitting its final
report, unless extended by the President.
W
THE WHITE HOUSE,
October 2, 2001.
[FR Doc. 01–25344
Filed 10–4–01; 10:05 am]
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Federal Register / Vol. 66, No. 192 / Wednesday, October 3, 2001 / Presidential Documents
Executive Order 13225 of September 28, 2001
Continuance of Certain Federal Advisory Committees
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in accordance with the provisions
of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it
is hereby ordered as follows:
Section 1. Each advisory committee listed below is continued until September
30, 2003.
(a) Committee for the Preservation of the White House; Executive Order
11145, as amended (Department of the Interior).
(b) Federal Advisory Council on Occupational Safety and Health; Executive
Order 12196, as amended (Department of Labor).
(c) President’s Advisory Commission on Educational Excellence for His-
panic Americans; Executive Order 12900 (Department of Education).
(d) President’s Board of Advisors on Historically Black Colleges and Univer-
sities; Executive Order 13021, as amended, (Department of Education).
(e) President’s Board of Advisors on Tribal Colleges and Universities;
Executive Order 13021, as amended (Department of Education).
(f) President’s Commission on White House Fellowships; Executive Order
11183, as amended (Office of Personnel Management).
(g) President’s Committee on the Arts and the Humanities; Executive Order
12367, as amended (National Endowment for the Arts).
(h) President’s Committee on the International Labor Organization; Execu-
tive Order 12216, as amended (Department of Labor).
(i) President’s Committee on the National Medal of Science; Executive
Order 11287, as amended (National Science Foundation).
(j) President’s Committee on Mental Retardation; Executive Order 12994
(Department of Health and Human Services).
(k) President’s Council on Physical Fitness and Sports; Executive Order
12345, as amended (Department of Health and Human Services).
(l) President’s Export Council; Executive Order 12131, as amended (Depart-
ment of Commerce).
(m) President’s National Security Telecommunications Advisory Com-
mittee; Executive Order 12382, as amended (Department of Defense).
(n) Trade and Environment Policy Advisory Committee; Executive Order
12905 (Office of the United States Trade Representative).
Sec. 2. Notwithstanding the provisions of any other Executive Order, the
functions of the President under the Federal Advisory Committee Act that
are applicable to the committees listed in section 1 of this order shall
be performed by the head of the department or agency designated after
each committee, in accordance with the guidelines and procedures estab-
lished by the Administrator of General Services.
Sec. 3. The following Executive Orders, or sections thereof, which established
committees that have terminated and whose work is completed, are revoked:
(a) Sections 3 and 4 of Executive Order 13134 pertaining to the establish-
ment and administration of the Advisory Committee on Biobased Products
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and Bioenergy, superseded by the Biomass Research and Development Tech-
nical Advisory Committee established pursuant to section 306 of the Biomass
Research and Development Act of 2000 (Title III of Public Law 106-224);
(b) Executive Order 13080, establishing the American Heritage Rivers Initia-
tive Advisory Committee;
(c) Executive Order 13090, as amended by Executive Order 13136, estab-
lishing the President’s Commission on the Celebration of Women in American
History;
(d) Executive Order 13168, establishing the President’s Commission on
Improving Economic Opportunity in Communities Dependent on Tobacco
Production While Protecting Public Health; and
(e) Executive Order 13075, establishing the Special Oversight Board for
Department of Defense Investigations of Gulf War Chemical and Biological
Incidents.
Sec. 4. Sections 1 through 4 of Executive Order 13138 are superseded.
Sec. 5. This order shall be effective September 30, 2001.
W
THE WHITE HOUSE,
September 28, 2001.
[FR Doc. 01–24917
Filed 10–2–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-26990 (13232) | Presidential Documents
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Federal Register
Vol. 66, No. 206
Wednesday, October 24, 2001
Title 3—
The President
Executive Order 13232 of October 20, 2001
Further Amendment to Executive Order 10789, as Amended,
To Authorize the Department of Health and Human Services
To Exercise Certain Contracting Authority in Connection
With National Defense Functions
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including 50 U.S.C. 1431–35, and
in order to authorize the Department of Health and Human Services to
exercise certain contracting authority in connection with national defense
functions, it is hereby ordered that Executive Order 10789 of November
14, 1958, as amended, is further amended by inserting the words ‘‘Department
of Health and Human Services’’ in the list of departments and agencies
in section 21 of that order after the words ‘‘Department of Commerce.’’
W
THE WHITE HOUSE,
October 20, 2001.
[FR Doc. 01–26990
Filed 10–23–01; 11:17 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-24983 (13226) | Presidential Documents
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Federal Register
Vol. 66, No. 192
Wednesday, October 3, 2001
Title 3—
The President
Executive Order 13226 of September 30, 2001
President’s Council of Advisors on Science and Technology
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App.), and in order to establish an advisory
committee on science and technology, it is hereby ordered as follows:
Section 1. Establishment. There is established the President’s Council of
Advisors on Science and Technology (PCAST). The PCAST shall be com-
posed of not more than 25 members, one of whom shall be a Federal
Government official designated by the President (the ‘‘Official’’), and 24
of whom shall be nonfederal members appointed by the President and
have diverse perspectives and expertise in science, technology, and the
impact of science and technology on the Nation. The Official shall co-
chair PCAST with a nonfederal member designated by the President.
Sec. 2. Functions. (a) The PCAST shall advise the President, through the
Official, on matters involving science and technology policy.
(b) In performance of its advisory duties, the PCAST shall assist the
National Science and Technology Council (NSTC) in securing private sector
involvement in its activities.
Sec. 3. Administration. (a) The heads of the executive departments and
agencies shall, to the extent permitted by law, provide the PCAST with
information concerning scientific and technological matters when requested
by the PCAST co-chairs.
(b) In consultation with the Official, the PCAST is authorized to convene
ad hoc working groups to provide preliminary nonbinding information and
advice directly to the PCAST.
(c) Members shall serve without compensation for their work on the
PCAST. However, members may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by law for persons serving intermit-
tently in the government service (5 U.S.C. 5701–5707).
(d) Any expenses of the PCAST shall be paid from the funds available
for the expenses of the Office of Science and Technology Policy.
(e) The Office of Science and Technology Policy shall provide such admin-
istrative services as the PCAST may require, with the approval of the Official.
Sec. 4. General. (a) Notwithstanding any other Executive Order, the functions
of the President with respect to the PCAST under the Federal Advisory
Committee Act, as amended, except that of reporting to the Congress, shall
be performed by the Office of Science and Technology Policy in accordance
with the guidelines and procedures established by the Administrator of
General Services.
(b) The PCAST shall terminate 2 years from the date of this order unless
extended by the President prior to that date.
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(c) Executive Order 12882 of November 23, 1993; Executive Order 12907
of April 14, 1994; and section 1(h) of Executive Order 13138 of September
30, 1999, are hereby revoked.
W
THE WHITE HOUSE,
September 30, 2001.
[FR Doc. 01–24983
Filed 10–2–01; 8:58 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-24205 (13224) | Presidential Documents
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Federal Register
Vol. 66, No. 186
Tuesday, September 25, 2001
Title 3—
The President
Executive Order 13224 of September 23, 2001
Blocking Property and Prohibiting Transactions With Persons
Who Commit, Threaten To Commit, or Support Terrorism
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), and section 301
of title 3, United States Code, and in view of United Nations Security
Council Resolution (UNSCR) 1214 of December 8, 1998, UNSCR 1267 of
October 15, 1999, UNSCR 1333 of December 19, 2000, and the multilateral
sanctions contained therein, and UNSCR 1363 of July 30, 2001, establishing
a mechanism to monitor the implementation of UNSCR 1333,
I, GEORGE W. BUSH, President of the United States of America, find that
grave acts of terrorism and threats of terrorism committed by foreign terrorists,
including the terrorist attacks in New York, Pennsylvania, and the Pentagon
committed on September 11, 2001, acts recognized and condemned in UNSCR
1368 of September 12, 2001, and UNSCR 1269 of October 19, 1999, and
the continuing and immediate threat of further attacks on United States
nationals or the United States constitute an unusual and extraordinary threat
to the national security, foreign policy, and economy of the United States,
and in furtherance of my proclamation of September 14, 2001, Declaration
of National Emergency by Reason of Certain Terrorist Attacks, hereby declare
a national emergency to deal with that threat. I also find that because
of the pervasiveness and expansiveness of the financial foundation of foreign
terrorists, financial sanctions may be appropriate for those foreign persons
that support or otherwise associate with these foreign terrorists. I also find
that a need exists for further consultation and cooperation with, and sharing
of information by, United States and foreign financial institutions as an
additional tool to enable the United States to combat the financing of ter-
rorism.
I hereby order:
Section 1. Except to the extent required by section 203(b) of IEEPA (50
U.S.C. 1702(b)), or provided in regulations, orders, directives, or licenses
that may be issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the effective date
of this order, all property and interests in property of the following persons
that are in the United States or that hereafter come within the United
States, or that hereafter come within the possession or control of United
States persons are blocked:
(a) foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of State, in consultation
with the Secretary of the Treasury and the Attorney General, to have com-
mitted, or to pose a significant risk of committing, acts of terrorism that
threaten the security of U.S. nationals or the national security, foreign policy,
or economy of the United States;
(c) persons determined by the Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General, to be owned or con-
trolled by, or to act for or on behalf of those persons listed in the Annex
to this order or those persons determined to be subject to subsection 1(b),
1(c), or 1(d)(i) of this order;
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(d) except as provided in section 5 of this order and after such consultation,
if any, with foreign authorities as the Secretary of State, in consultation
with the Secretary of the Treasury and the Attorney General, deems appro-
priate in the exercise of his discretion, persons determined by the Secretary
of the Treasury, in consultation with the Secretary of State and the Attorney
General;
(i) to assist in, sponsor, or provide financial, material, or technological
support for, or financial or other services to or in support of, such acts
of terrorism or those persons listed in the Annex to this order or determined
to be subject to this order; or
(ii) to be otherwise associated with those persons listed in the Annex
to this order or those persons determined to be subject to subsection
1(b), 1(c), or 1(d)(i) of this order.
Sec. 2. Except to the extent required by section 203(b) of IEEPA (50 U.S.C.
1702(b)), or provided in regulations, orders, directives, or licenses that may
be issued pursuant to this order, and notwithstanding any contract entered
into or any license or permit granted prior to the effective date:
(a) any transaction or dealing by United States persons or within the
United States in property or interests in property blocked pursuant to this
order is prohibited, including but not limited to the making or receiving
of any contribution of funds, goods, or services to or for the benefit of
those persons listed in the Annex to this order or determined to be subject
to this order;
(b) any transaction by any United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order is
prohibited; and
(c) any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, corporation, or
other organization, group, or subgroup;
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States (including foreign branches), or any person in the United States;
and
(d) the term ‘‘terrorism’’ means an activity that—
(i) involves a violent act or an act dangerous to human life, property,
or infrastructure; and
(ii) appears to be intended—
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or coer-
cion; or
(C) to affect the conduct of a government by mass destruction, as-
sassination, kidnapping, or hostage-taking.
Sec. 4. I hereby determine that the making of donations of the type specified
in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by United States persons
to persons determined to be subject to this order would seriously impair
my ability to deal with the national emergency declared in this order,
and would endanger Armed Forces of the United States that are in a situation
where imminent involvement in hostilities is clearly indicated by the cir-
cumstances, and hereby prohibit such donations as provided by section
1 of this order. Furthermore, I hereby determine that the Trade Sanctions
Reform and Export Enhancement Act of 2000 (title IX, Public Law 106–
387) shall not affect the imposition or the continuation of the imposition
of any unilateral agricultural sanction or unilateral medical sanction on
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any person determined to be subject to this order because imminent involve-
ment of the Armed Forces of the United States in hostilities is clearly
indicated by the circumstances.
Sec. 5. With respect to those persons designated pursuant to subsection
1(d) of this order, the Secretary of the Treasury, in the exercise of his
discretion and in consultation with the Secretary of State and the Attorney
General, may take such other actions than the complete blocking of property
or interests in property as the President is authorized to take under IEEPA
and UNPA if the Secretary of the Treasury, in consultation with the Secretary
of State and the Attorney General, deems such other actions to be consistent
with the national interests of the United States, considering such factors
as he deems appropriate.
Sec. 6. The Secretary of State, the Secretary of the Treasury, and other
appropriate agencies shall make all relevant efforts to cooperate and coordi-
nate with other countries, including through technical assistance, as well
as bilateral and multilateral agreements and arrangements, to achieve the
objectives of this order, including the prevention and suppression of acts
of terrorism, the denial of financing and financial services to terrorists and
terrorist organizations, and the sharing of intelligence about funding activities
in support of terrorism.
Sec. 7. The Secretary of the Treasury, in consultation with the Secretary
of State and the Attorney General, 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 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 authority
to carry out the provisions of this order.
Sec. 8. Nothing in this order is intended to affect the continued effectiveness
of any rules, regulations, orders, licenses, or other forms of administrative
action issued, taken, or continued in effect heretofore or hereafter under
31 C.F.R. chapter V, except as expressly terminated, modified, or suspended
by or pursuant to this order.
Sec. 9. Nothing contained in this order is intended to create, nor does
it create, any right, benefit, or privilege, substantive or procedural, enforceable
at law by a party against the United States, its agencies, officers, employees
or any other person.
Sec. 10. For those persons listed in the Annex to this order or determined
to be subject to this order who might have a constitutional presence in
the United States, I find that because of the ability to transfer funds or
assets instantaneously, prior notice to such persons of measures to be taken
pursuant to this order would render these measures ineffectual. I therefore
determine that for these measures to be effective in addressing the national
emergency declared in this order, there need be no prior notice of a listing
or determination made pursuant to this order.
Sec. 11. (a) This order is effective at 12:01 a.m. eastern daylight time on
September 24, 2001.
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(b) This order shall be transmitted to the Congress and published in
the Federal Register.
W
THE WHITE HOUSE,
September 23, 2001.
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[FR Doc. 01–24205
Filed 9–24–01; 1:05 pm]
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Presidential Executive Order | 01-17041 (13220) | Presidential Documents
35527
Federal Register
Vol. 66, No. 129
Thursday, July 5, 2001
Title 3—
The President
Executive Order 13220 of July 2, 2001
Waiver Under the Trade Act of 1974 With Respect to the
Republic of Belarus
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including subsection 402(c)(2) of
the Trade Act of 1974, as amended (the ‘‘Act’’)(19 U.S.C. 2432(c)(2)), which
continues to apply to the Republic of Belarus pursuant to subsection 402(d)
of the Act (19 U.S.C. 2432(d)), and having made the report to the Congress
required by subsection 402(c)(2), I hereby waive the application of sub-
sections 402(a) and 402(b) of the Act with respect to the Republic of Belarus.
W
THE WHITE HOUSE,
July 2, 2001.
[FR Doc. 01–17041
Filed 7–3–01; 11:05 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-23359 (13223) | Presidential Documents
48201
Federal Register / Vol. 66, No. 181 / Tuesday, September 18, 2001 / Presidential Documents
Executive Order 13223 of September 14, 2001
Ordering the Ready Reserve of the Armed Forces To Active
Duty and Delegating Certain Authorities to the Secretary of
Defense and the Secretary of Transportation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the National Emergencies
Act (50 U.S.C. 1601 et seq.) and section 301 of title 3, United States Code,
and in furtherance of the proclamation of September 14, 2001, Declaration
of National Emergency by Reason of Certain Terrorist Attacks, which declared
a national emergency by reason of the terrorist attacks on the World Trade
Center, New York, New York, and the Pentagon, and the continuing and
immediate threat of further attacks on the United States, I hereby order
as follows:
Section 1. To provide additional authority to the Department of Defense
and the Department of Transportation to respond to the continuing and
immediate threat of further attacks on the United States, the authority under
title 10, United States Code, to order any unit, and any member of the
Ready Reserve not assigned to a unit organized to serve as a unit, in
the Ready Reserve to active duty for not more than 24 consecutive months,
is invoked and made available, according to its terms, to the Secretary
concerned, subject in the case of the Secretaries of the Army, Navy, and
Air Force, to the direction of the Secretary of Defense. The term ‘‘Secretary
concerned’’ is defined in section 101(a)(9) of title 10, United States Code,
to mean the Secretary of the Army with respect to the Army; the Secretary
of the Navy with respect to the Navy, the Marine Corps, and the Coast
Guard when it is operating as a service in the Navy; the Secretary of
the Air Force with respect to the Air Force; and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating as a service
in the Navy.
Sec. 2. To allow for the orderly administration of personnel within the
armed forces, the following authorities vested in the President are hereby
invoked to the full extent provided by the terms thereof: section 527 of
title 10, United States Code, to suspend the operation of sections 523,
525, and 526 of that title, regarding officer and warrant officer strength
and distribution; and sections 123, 123a, and 12006 of title 10, United
States Code, to suspend certain laws relating to promotion, involuntary
retirement, and separation of commissioned officers; end strength limitations;
and Reserve component officer strength limitations.
Sec. 3. To allow for the orderly administration of personnel within the
armed forces, the authorities vested in the President by sections 331, 359,
and 367 of title 14, United States Code, relating to the authority to order
to active duty certain officers and enlisted members of the Coast Guard
and to detain enlisted members, are invoked to the full extent provided
by the terms thereof.
Sec. 4. The Secretary of Defense is hereby designated and empowered,
without the approval, ratification, or other action by the President, to exercise
the authority vested in the President by sections 123, 123a, 527, and 12006
of title 10, United States Code, as invoked by sections 2 and 3 of this
order.
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Sec. 5. The Secretary of Transportation is hereby designated and empowered,
without the approval, ratification, or other action by the President, to exercise
the authority vested in sections 331, 359, and 367 of title 14, United States
Code, when the Coast Guard is not serving as part of the Navy, as invoked
by section 2 of this order, to recall any regular officer or enlisted member
on the retired list to active duty and to detain any enlisted member beyond
the term of his or her enlistment.
Sec. 6. The authority delegated by this order to the Secretary of Defense
and the Secretary of Transportation may be redelegated and further subdele-
gated to civilian subordinates who are appointed to their offices by the
President, by and with the advice and consent of the Senate.
Sec. 7. Based upon my determination under 10 U.S.C. 2201(c) that it is
necessary to increase (subject to limits imposed by law) the number of
members of the armed forces on active duty beyond the number for which
funds are provided in appropriation Acts for the Department of Defense,
the Secretary of Defense may provide for the cost of such additional members
as an excepted expense under section 11(a) of title 41, United States Code.
Sec. 8. This order is intended only to improve the internal management
of the executive branch, and is not intended to create any right or benefit,
substantive or procedural, enforceable at law by a party against the United
States, its agencies, its officers, or any person.
Sec. 9. This order is effective immediately and shall be promptly transmitted
to the Congress and published in the Federal Register.
W
THE WHITE HOUSE,
September 14, 2001.
[FR Doc. 01–23359
Filed 9–17–01; 8:45 am]
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Presidential Executive Order | 01-21338 (13222) | Presidential Documents
44025
Federal Register
Vol. 66, No. 163
Wednesday, August 22, 2001
Title 3—
The President
Executive Order 13222 of August 17, 2001
Continuation of Export Control Regulations
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including but not limited to section
203 of the International Emergency Economic Powers Act (‘‘Act’’) (50 U.S.C.
1702), I, GEORGE W. BUSH, President of the United States of America,
find that the unrestricted access of foreign parties to U.S. goods and tech-
nology and the existence of certain boycott practices of foreign nations,
in light of the expiration of the Export Administration Act of 1979, as
amended (50 U.S.C. App. 2401 et seq.), constitute an unusual and extraor-
dinary threat to the national security, foreign policy, and economy of the
United States and hereby declare a national emergency with respect to
that threat.
Accordingly, in order (a) to exercise the necessary vigilance over exports
and activities affecting the national security of the United States; (b) to
further significantly the foreign policy of the United States, including its
policy with respect to cooperation by U.S. persons with certain foreign
boycott activities, and to fulfill its international responsibilities; and (c)
to protect the domestic economy from the excessive drain of scarce materials
and reduce the serious economic impact of foreign demand, it is hereby
ordered as follows:
Section 1. To the extent permitted by law, the provisions of the Export
Administration Act of 1979, as amended, and the provisions for administra-
tion of the Export Administration Act of 1979, as amended, shall be carried
out under this order so as to continue in full force and effect and amend,
as necessary, the export control system heretofore maintained by the Export
Administration Regulations issued under the Export Administration Act of
1979, as amended. The delegations of authority set forth in Executive Order
12002 of July 7, 1977, as amended by Executive Order 12755 of March
12, 1991, and Executive Order 13026 of November 15, 1996; Executive
Order 12214 of May 2, 1980; Executive Order 12735 of November 16, 1990;
and Executive Order 12851 of June 11, 1993, shall be incorporated in this
order and shall apply to the exercise of authorities under this order. All
actions under this order shall be in accordance with Presidential directives
relating to the export control system heretofore issued and not revoked.
Sec. 2. All rules and regulations issued or continued in effect by the Secretary
of Commerce under the authority of the Export Administration Act of 1979,
as amended, including those published in Title 15, Subtitle B, Chapter
VII, Subchapter C, of the Code of Federal Regulations, Parts 730 through
774, and all orders, regulations, licenses, and other forms of administrative
action issued, taken, or continued in effect pursuant thereto, shall, until
amended or revoked by the Secretary of Commerce, remain in full force
and effect as if issued or taken pursuant to this order, except that the
provisions of sections 203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2)
and 1705) shall control over any inconsistent provisions in the regulations.
Nothing in this section shall affect the continued applicability of administra-
tive sanctions provided for by the regulations described above.
Sec. 3. Provisions for administration of section 38(e) of the Arms Export
Control Act (22 U.S.C. 2778(e)) may be made and shall continue in full
force and effect until amended or revoked under the authority of section
203 of the Act (50 U.S.C. 1702). To the extent permitted by law, this
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order also shall constitute authority for the issuance and continuation in
full force and effect of all rules and regulations by the President or his
delegate, and all orders, licenses, and other forms of administrative actions
issued, taken, or continued in effect pursuant thereto, relating to the adminis-
tration of section 38(e).
Sec. 4. This order shall be effective as of midnight between August 20,
2001, and August 21, 2001, eastern daylight time.
W
THE WHITE HOUSE,
August 17, 2001.
[FR Doc. 01–21338
Filed 8–21–01; 8:45 am]
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Presidential Executive Order | 01-16668 (13219) | Presidential Documents
34777
Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Presidential Documents
Executive Order 13219 of June 26, 2001
Blocking Property of Persons Who Threaten International
Stabilization Efforts in the Western Balkans
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)(IEEPA), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code,
I, GEORGE W. BUSH, President of the United States of America, have
determined that the actions of persons engaged in, or assisting, sponsoring,
or supporting, (i) extremist violence in the former Yugoslav Republic of
Macedonia, southern Serbia, the Federal Republic of Yugoslavia, and else-
where in the Western Balkans region, or (ii) acts obstructing implementation
of the Dayton Accords in Bosnia or United Nations Security Council Resolu-
tion 1244 of June 10, 1999, in Kosovo, threaten the peace in or diminish
the security and stability of those areas and the wider region, undermine
the authority, efforts, and objectives of the United Nations, the North Atlantic
Treaty Organization (NATO), and other international organizations and enti-
ties present in those areas and the wider region, and endanger the safety
of persons participating in or providing support to the activities of those
organizations and entities, including United States military forces and Gov-
ernment officials. I find that such actions constitute an unusual and extraor-
dinary threat to the national security and foreign policy of the United
States, and hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and
(4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), the Trade Sanctions Reform
and Export Enhancement Act of 2000 (title IX, Public Law 106–387), and
in regulations, orders, directives, or licenses that may hereafter be issued
pursuant to this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date, all property and
interests in property of:
(i) the persons listed in the Annex to this order; and
(ii) persons designated by the Secretary of the Treasury, in consultation
with the Secretary of State, because they are found:
(A) to have committed, or to pose a significant risk of committing,
acts of violence that have the purpose or effect of threatening the peace
in or diminishing the stability or security of any area or state in the
Western Balkans region, undermining the authority, efforts, or objectives
of international organizations or entities present in the region, or endan-
gering the safety of persons participating in or providing support to the
activities of those international organizations or entities, or,
(B) to have actively obstructed, or to pose a significant risk of actively
obstructing, implementation of the Dayton Accords in Bosnia or United
Nations Security Council Resolution 1244 in Kosovo, or
(C) materially to assist in, sponsor, or provide financial or technological
support for, or goods or services in support of, such acts of violence
or obstructionism, or
(D) to be owned or controlled by, or acting or purporting to act directly
or indirectly for or on behalf of, any of the foregoing persons, that are
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or hereafter come within the United States, or that are or hereafter come
within the possession or control of United States persons, are blocked
and may not be transferred, paid, exported, withdrawn, or otherwise dealt
in.
(b) I hereby determine that the making of donations of the type specified
in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by United States persons
to persons designated in or pursuant to paragraph (a) of this section would
seriously impair my ability to deal with the national emergency declared
in this order. Accordingly, the blocking of property and interests in property
pursuant to paragraph (a) of this section includes, but is not limited to,
the prohibition of the making by a United States person of any such donation
to any such designated person, except as otherwise authorized by the Sec-
retary of the Treasury.
(c) The blocking of property and interests in property pursuant to paragraph
(a) of this section includes, but is not limited to, the prohibition of the
making or receiving by a United States person of any contribution or provi-
sion of funds, goods, or services to or for the benefit of a person designated
in or pursuant to paragraph (a) of this section.
Sec. 2. Any transaction by a United States person that evades or avoids,
or has the purpose of evading or avoiding, or attempts to violate, any
of the prohibitions set forth in this order is prohibited. Any conspiracy
formed to violate the prohibitions of this order is prohibited.
Sec. 3. For the purposes of this order:
(a) The term ‘‘person’’ means an individual or entity;
(b) The term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; 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. 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 me 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. 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, where
appropriate, to advise the Secretary of the Treasury in a timely manner
of the measures taken.
Sec. 5. This order is not intended to create, nor does it create, any right,
benefit, or privilege, substantive or procedural, enforceable at law by a
party against the United States, its agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 eastern daylight time on June
27, 2001;
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(b) This order shall be transmitted to the Congress and published in
the Federal Register.
W
THE WHITE HOUSE,
June 26, 2001.
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Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Presidential Documents
ANNEX
I. Individuals
Name/DPOB (If Available)
Affiliation
Ademi, Xhevat
DOB: 8 Dec 1962
POB: Tetovo, FYROM
NLA
Ahmeti, Ali
DOB: 4 Jan 1959
POB: Kicevo, FYROM
NLA
Bexheti, Nuri
DOB: 1962
POB: Tetovo, FYROM
NLA
Dalipi, Tahir
DOB: 1958
POB: Ilince, Presevo mun., FRY
PCPMB
Elshani, Gafur
DOB: 29 March 1958
POB: Suva Reka, FRY
LPK
Gashi, Sabit
DOB: 30 December 1967
POB: Suva Reka, FRY
LKCK
Habibi, Skender
DOB: 13 July 1968
POB: Ljubiste, FRY
PDK
Haradinaj, Daut
DOB: 6 April 1978
POB: Goldane, FRY
Chief of Staff, KPC
Hasani, Xhavit
DOB: 5 May 1957
POB: Tanishec, FYROM
NLA
Lladrovici, Ramiz
DOB: 3 January 1966
POB:
Deputy Commander,
Guard & Rapid Reac-
tion Group, KPC
Lushtaku, Sami
DOB: 20 February 1961
POB: Srbica, FRY
RTG 2 Commander,
KPC
Musliu, Jonusz
DOB: 5 January 1959
POB: Konculj, FRY
PCPMB
Musliu, Shefqet
DOB: 12 February 1963
POB: Konculj, FRY
UCPMB
Mustafa, Rrustem
DOB: 27 February 1971
POB: Podujevo, FRY
RTG 6 Commander,
KPC
Ostremi, Gezim
DOB: 1 November 1942
POB: Debar, Macedonia
NLA
Selimi, Rexhep
DOB: 15 March 1971
POB: Iglarevo, FRY
Commander, Guard &
Rapid Reaction
Group, KPC
Shakiri, Hisni
DOB: 1 March 1949
POB: Otlja, FYROM
NLA
Shaqiri, Shaqir
DOB: 1 September 1964
POB: FRY
UCPMB
Suma, Emrush
DOB: 27 May 1974
POB: Dimce, FRY
NLA
Syla, Azem
DOB: 5 April 1951
POB: FRY
PDK
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Name/DPOB (If Available)
Affiliation
Veliu, Fazli
DOB: 4 January 1945
POB: Kercove, FYROM
NLA
Xhemajli, Emrush
DOB: 5 May 1959
POB: Urosevac, FRY
LPK
Xhemajli, Muhamet
DOB: 8 February 1958
POB: Muhovac, FRY
UCPMB
II. Organizations
Liberation Army of Presevo, Medvedja, and Bujanovac (PMBLA a.k.a.
UCPMB)
National Liberation Army (NLA a.k.a. UCK)
National Movement for the Liberation of Kosovo (LKCK)
Political Council of Presevo, Medvedja, and Bujanovac (PCPMB)
Popular Movement of Kosovo (LPK)
[FR Doc. 01–16668
Filed 6–28–01; 11:33 am]
Billing code 4710–10–M
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Presidential Executive Order | 01-19562 (13221) | Presidential Documents
40571
Federal Register
Vol. 66, No. 149
Thursday, August 2, 2001
Title 3—
The President
Executive Order 13221 of July 31, 2001
Energy Efficient Standby Power Devices
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the National Energy Conserva-
tion Policy Act (Public Law 95–619, 92 Stat. 3206, 42 U.S.C. 8252 et seq.),
as amended by the Energy Policy Act of 1992 (EPACT) (Public Law 102–
486, 106 Stat. 2776), and section 301 of title 3, United States Code, and
in order to further encourage energy conservation by the Federal Government,
it is hereby ordered as follows:
Section 1. Energy Efficient Standby Power Devices. Each agency, when it
purchases commercially available, off-the-shelf products that use external
standby power devices, or that contain an internal standby power function,
shall purchase products that use no more than one watt in their standby
power consuming mode. If such products are not available, agencies shall
purchase products with the lowest standby power wattage while in their
standby power consuming mode. Agencies shall adhere to these requirements,
when life-cycle cost-effective and practicable and where the relevant prod-
uct’s utility and performance are not compromised as a result. By December
31, 2001, and on an annual basis thereafter, the Department of Energy,
in consultation with the Department of Defense and the General Services
Administration, shall compile a preliminary list of products to be subject
to these requirements. The Department of Energy shall finalize the list and
may remove products deemed inappropriate for listing.
Sec. 2. Independent Agencies. Independent agencies are encouraged to com-
ply with the provisions of this order.
Sec. 3. Definition. ‘‘Agency’’ means an executive agency as defined in 5
U.S.C. 105. For the purpose of this order, military departments, as defined
in 5 U.S.C. 102, are covered by the Department of Defense.
W
THE WHITE HOUSE,
July 31, 2001.
[FR Doc. 01–19562
Filed 8–1–01; 11:04 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-15958 (13218) | Presidential Documents
33627
Federal Register
Vol. 66, No. 121
Friday, June 22, 2001
Title 3—
The President
Executive Order 13218 of June 20, 2001
21st Century Workforce Initiative
By the authority vested in me as President by the Constitution and laws
of the United States of America, including the Federal Advisory Committee
Act, as amended (5 U.S.C. App.), and in order to promote the study and
the development of strategies to address the needs of the 21st century
workforce, it is hereby ordered as follows:
Section 1. Establishment of the Office of the 21st Century Workforce. (a)
The Secretary of Labor is hereby directed to establish within the Department
of Labor the Office of the 21st Century Workforce. The Office shall provide
a focal point for the identification and study of issues relating to the work-
force of the United States and the development of strategies for effectively
addressing such issues.
(b) The Office of the 21st Century Workforce shall gather and disseminate
information relating to workforce issues by conducting summits, conferences,
field hearings, meetings, and other appropriate forums designed to encourage
the participation of organizations and individuals interested in such issues,
including business and labor organizations, academicians, employers, em-
ployees, and public officials at the local, State, and Federal levels.
(c) Among the issues to be addressed by the Office of the 21st Century
Workforce shall be the identification of the ways in which the Department
of Labor may streamline and update the information and services made
available to the workforce by the Department; eliminate duplicative or over-
lapping rules and regulations; and eliminate statutory and regulatory barriers
to assisting the workforce in successfully adapting to the challenges of
the 21st century.
Sec. 2. Establishment of the Council on the 21st Century Workforce.
(a) Establishment and Composition of the Council.
(i) There is hereby established the ‘‘President’s Council on the 21st
Century Workforce’’ (Council).
(ii) The Council shall be composed of not more than 13 members who
shall be appointed by the President. The membership shall include individ-
uals who represent the views of business and labor organizations, Federal,
State, and local governments, academicians and educators, and such other
associations and entities as the President determines are appropriate. In
addition, the Secretary of Labor and the Director of the Office of Personnel
Management shall serve as ex officio members representing the views
of the Federal Government. The Secretary of Labor shall be the Chairperson
of the Council.
(b) Functions of the Council. The Council shall provide information and
advice to the President through the Secretary of Labor, the Office of the
21st Century Workforce within the Department of Labor, and other appro-
priate Federal officials relating to issues affecting the 21st century workforce.
These activities shall include:
(i) assessing the effects of rapid technological changes, demographic
trends, globalization, changes in work processes, and the need for new
and enhanced skills for workers, employers, and other related sectors
of society;
(ii) examining current and alternative approaches to assisting workers
and employers in adjusting to and benefitting from such changes, including
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opportunities for workplace education, retraining, access to assistive tech-
nologies and workplace supports, and skills upgrading;
(iii) identifying impediments to the adjustment to such changes by work-
ers and employers and recommending approaches and policies that could
remove those impediments;
(iv) assisting the Office of the 21st Century Workforce in reviewing
programs carried out by the Department of Labor and identifying changes
to such programs that would stream line and update their effectiveness
in meeting the needs of the workforce; and
(v) analyzing such additional issues relating to the workforce and making
such reports as the President or the Secretary of Labor may request.
(c) Administration of the Council.
(i) The Council shall meet on the call of the Chairperson, at a time
and place designated by the Chairperson. The Chairperson may form sub-
committees or working groups within the Council to address particular
matters.
(ii) The Council may from time to time prescribe such procedures and
policies relating to the activities of the Council as are not inconsistent
with law or with the provisions of this order.
(iii) Each member of the Council who is not an officer or employee
of the Federal Government shall serve without compensation but shall
be allowed travel expenses, including per diem in lieu of subsistence,
as authorized by law for persons serving intermittently in Federal service
(5 U.S.C. 5701–5707).
(iv) The Department of Labor shall make available appropriate funding
and administrative support to assist the Council in carrying out the func-
tions under this section, including necessary office space, equipment,
supplies, staff, and services. The Secretary of Labor shall perform the
functions of the President under the Federal Advisory Committee Act
(5 U.S.C. App.), as amended, except that of reporting to the Congress,
with respect to the Council in accordance with the guidelines and proce-
dures established by the Administrator of General Services.
(v) The heads of executive agencies shall, to the extent permitted by
law, provide the Council with such information as it may require for
purposes of carrying out the functions described in this section.
(d) Termination of the Council. The Council shall terminate 2 years from
the date of this order unless extended by the President prior to such date.
Sec. 3. Effect on Prior Orders.
(a) Amendments to Executive Order 13111 of January 12, 1999. In order
to ensure the coordination and nonduplication of advice and information
regarding 21st century workforce issues, section 6 of Executive Order 13111,
relating to the functions of the Advisory Committee on Expanding Training
Opportunities, is amended to read as follows:
‘‘Sec. 6. Functions of the Advisory Committee. The Committee shall provide
the President, through the Secretary of Labor (who shall ensure the coordina-
tion of the activities of the Committee with the activities undertaken pursuant
to sections 1 and 2 of the Executive Order on the 21st Century Workforce
Initiative), an independent assessment of:
(1) progress made by the Federal Government in its use and integration
of technology in adult training programs, particularly in addressing the
problems of adult illiteracy;
(2) how Federal Government programs, initiatives, and policies can en-
courage or accelerate training technology to provide more accessible, more
timely, and more cost- effective training opportunities for all Americans;
(3) mechanisms for the Federal Government to widely deploy and utilize
technology-mediated instruction so all Americans may take advantage of
opportunities provided by learning technology;
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(4) the appropriate Federal Government role in research and development
for learning technologies and their applications in order to develop high-
quality training and education opportunities for all Americans; and
(5) such other issues regarding emerging technologies in government
training as specified by the Secretary of Labor.’’
(b) Revocation of Executive Order 13174. Executive Order 13174 of October
27, 2000, relating to the establishment of the Commission on Workers,
Communities, and Economic Change in the New Economy, is revoked.
W
THE WHITE HOUSE,
June 20, 2001.
[FR Doc. 01–15958
Filed 6–21–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-15758 (13217) | Presidential Documents
33155
Federal Register
Vol. 66, No. 120
Thursday, June 21, 2001
Title 3—
The President
Executive Order 13217 of June 18, 2001
Community-Based Alternatives for Individuals With
Disabilities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to place qualified individ-
uals with disabilities in community settings whenever appropriate, it is
hereby ordered as follows:
Section 1. Policy. This order is issued consistent with the following findings
and principles:
(a) The United States is committed to community-based alternatives for
individuals with disabilities and recognizes that such services advance the
best interests of Americans.
(b) The United States seeks to ensure that America’s community-based
programs effectively foster independence and participation in the community
for Americans with disabilities.
(c) Unjustified isolation or segregation of qualified individuals with disabil-
ities through institutionalization is a form of disability-based discrimination
prohibited by Title II of the Americans With Disabilities Act of 1990 (ADA),
42 U.S.C. 12101 et. seq. States must avoid disability-based discrimination
unless doing so would fundamentally alter the nature of the service, program,
or activity provided by the State.
(d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the ‘‘Olmstead decision’’),
the Supreme Court construed Title II of the ADA to require States to place
qualified individuals with mental disabilities in community settings, rather
than in institutions, whenever treatment professionals determine that such
placement is appropriate, the affected persons do not oppose such placement,
and the State can reasonably accommodate the placement, taking into account
the resources available to the State and the needs of others with disabilities.
(e) The Federal Government must assist States and localities to implement
swiftly the Olmstead decision, so as to help ensure that all Americans
have the opportunity to live close to their families and friends, to live
more independently, to engage in productive employment, and to participate
in community life.
Sec. 2. Swift Implementation of the Olmstead Decision: Agency Responsibil-
ities. (a) The Attorney General, the Secretaries of Health and Human Services,
Education, Labor, and Housing and Urban Development, and the Commis-
sioner of the Social Security Administration shall work cooperatively to
ensure that the Olmstead decision is implemented in a timely manner.
Specifically, the designated agencies should work with States to help them
assess their compliance with the Olmstead decision and the ADA in pro-
viding services to qualified individuals with disabilities in community-based
settings, as long as such services are appropriate to the needs of those
individuals. These agencies should provide technical guidance and work
cooperatively with States to achieve the goals of Title II of the ADA, particu-
larly where States have chosen to develop comprehensive, effectively working
plans to provide services to qualified individuals with disabilities in the
most integrated settings. These agencies should also ensure that existing
Federal resources are used in the most effective manner to support the
goals of the ADA. The Secretary of Health and Human Services shall take
the lead in coordinating these efforts.
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(b) The Attorney General, the Secretaries of Health and Human Services,
Education, Labor, and Housing and Urban Development, and the Commis-
sioner of the Social Security Administration shall evaluate the policies,
programs, statutes, and regulations of their respective agencies to determine
whether any should be revised or modified to improve the availability
of community-based services for qualified individuals with disabilities. The
review shall focus on identifying affected populations, improving the flow
of information about supports in the community, and removing barriers
that impede opportunities for community placement. The review should
ensure the involvement of consumers, advocacy organizations, providers,
and relevant agency representatives. Each agency head should report to
the President, through the Secretary of Health and Human Services, with
the results of their evaluation within 120 days.
(c) The Attorney General and the Secretary of Health and Human Services
shall fully enforce Title II of the ADA, including investigating and resolving
complaints filed on behalf of individuals who allege that they have been
the victims of unjustified institutionalization. Whenever possible, the Depart-
ment of Justice and the Department of Health and Human Services should
work cooperatively with States to resolve these complaints, and should
use alternative dispute resolution to bring these complaints to a quick and
constructive resolution.
(d) The agency actions directed by this order shall be done consistent
with this Administration’s budget.
Sec. 3. Judicial Review. Nothing in this order shall affect any otherwise
available judicial review of agency action. This order is intended only to
improve the internal management of the Federal Government and does not
create any right or benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
W
THE WHITE HOUSE,
June 18, 2001.
[FR Doc. 01–15758
Filed 6–20–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-14862 (13216) | Presidential Documents
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Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Presidential Documents
Executive Order 13216 of June 6, 2001
Amendment to Executive Order 13125, Increasing Participa-
tion of Asian Americans and Pacific Islanders in Federal
Programs
By the authority vested in me as President by the Constitution and the
laws of the United States of America and in order to change the title
of Executive Order 13125 of June 7, 1999, and to extend by 2 years the
President’s Advisory Commission on Asian Americans and Pacific Islanders
that was created by Executive Order 13125, it is hereby ordered as follows:
Section 1. The title of Executive Order 13125 is deleted and the following
title is inserted in lieu thereof: ‘‘Increasing Opportunity and Improving Qual-
ity of Life of Asian Americans and Pacific Islanders.’’
Sec. 2. Section 9 of Executive Order 13125 is amended by deleting ‘‘2
years after the date of this Executive order unless the Commission is renewed
by the President prior to the end of that 2-year period’’ and inserting in
lieu thereof ‘‘on June 7, 2003, unless renewed by the President prior to
that date.’’
W
THE WHITE HOUSE,
June 6, 2001.
[FR Doc. 01–14862
Filed 6–8–01; 10:54 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-14319 (13215) | Presidential Documents
30285
Federal Register
Vol. 66, No. 108
Tuesday, June 5, 2001
Title 3—
The President
Executive Order 13215 of May 31, 2001
President’s Information Technology Advisory Committee,
Further Amendment to Executive Order 13035, as Amended
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the High-Performance Com-
puting Act of 1991 (Public Law 102–194), as amended by the Next Generation
Internet Research Act of 1998 (Public Law 105–305), and in order to extend
the life of the President’s Information Technology Advisory Committee so
that it may continue to carry out its responsibilities, it is hereby ordered
that Executive Order 13035 of February 11, 1997, as amended by Executive
Orders 13092, 13113, and 13200 (Executive Order 13035, as amended),
is further amended as follows:
Section 1. Section 1 of Executive Order 13035, as amended, is further
amended by deleting the last sentence and inserting in lieu thereof: ‘‘Members
appointed prior to June 1, 2001, shall serve until December 1, 2001, unless
reappointed by the President. Members appointed or reappointed on or
after June 1, 2001, shall serve for no more than 2 years from the date
of their appointment, unless their period of service is extended by the
President. The President shall designate two co-chairs from among the mem-
bers of the Committee. A co-chair may serve for a term of 2 years or
until the end of his or her service as a member of the Committee, whichever
is the shorter period.’’
Sec. 2. Section 4(b) of Executive Order 13035, as amended, is further amended
by deleting ‘‘June 1, 2001,’’ and inserting in lieu thereof: ‘‘June 1, 2003.’’
W
THE WHITE HOUSE,
May 31, 2001.
[FR Doc. 01–14319
Filed 6–4–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-13381 (13213) | Presidential Documents
28829
Federal Register
Vol. 66, No. 101
Thursday, May 24, 2001
Title 3—
The President
Executive Order 13213 of May 22, 2001
Additional Measures With Respect To Prohibiting the Impor-
tation of Rough Diamonds From Sierra Leone
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), and section 301
of title 3, United States Code, and in view of the national emergency described
and declared in Executive Order 13194 of January 18, 2001, and United
Nations Security Council Resolutions 1306 of July 5, 2000, and 1343 of
March 7, 2001,
I, GEORGE W. BUSH, President of the United States of America, take note
that in Executive Order 13194, the President responded to, among other
things, the insurgent Revolutionary United Front’s (RUF) illicit trade in
diamonds to fund its operations in the civil war in Sierra Leone by declaring
a national emergency and, consistent with United Nations Security Council
Resolution 1306, by prohibiting the importation into the United States of
all rough diamonds from Sierra Leone except for those importations con-
trolled through the Certificate of Origin regime of the Government of Sierra
Leone. United Nations Security Council Resolution 1343 takes note that
the bulk of RUF diamonds leaves Sierra Leone through Liberia and that
such illicit trade cannot be conducted without the permission and involve-
ment of Liberian government officials at the highest levels; determines that
the active support provided by the Government of Liberia for the RUF
and other armed rebel groups in neighboring countries constitutes a threat
to international peace and security in the region; and decides that all states
shall take the necessary measures to prevent the importation of all rough
diamonds from Liberia, whether or not such diamonds originated in Liberia.
The Government of Liberia’s complicity in the RUF’s illicit trade in diamonds
and its other forms of support for the RUF are direct challenges to United
States foreign policy objectives in the region as well as to the rule-based
international order that is crucial to the peace and prosperity of the United
States. Therefore, I find these actions by the Government of Liberia contribute
to the unusual and extraordinary threat to the foreign policy of the United
States described in Executive Order 13194 with respect to which the Presi-
dent declared a national emergency. In order to deal with that threat and
to ensure further that the direct or indirect importation into the United
States of rough diamonds from Sierra Leone will not contribute financial
support to further aggressive actions by the RUF or to the RUF’s procurement
of weapons; to implement United Nations Security Council Resolution 1343;
and to counteract, among other things, the Government of Liberia’s facilitation
of and participation in the RUF’s illicit trade in diamonds through Liberia,
I hereby order the following additional measures be taken with respect
to prohibiting the importation of rough diamonds from Sierra Leone:
Section 1. Except to the extent provided in regulations, orders, directives,
or licenses issued pursuant to this order, and notwithstanding the existence
of any rights or obligations conferred or imposed by any international agree-
ment or any contract entered into or any license or permit granted prior
to the effective date of this order, the direct or indirect importation into
the United States of all rough diamonds from Liberia, whether or not such
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diamonds originated in Liberia, on or after the effective date of this order
is prohibited.
Sec. 2. Any transaction by a United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order is
prohibited. Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 3. The definitions contained in section 4 of Executive Order 13194
apply to the terms used in this order.
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 UNPA, as may be necessary to carry out the purposes of
this order. The Secretary of the Treasury may redelegate any of these func-
tions 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 authority to carry out the provisions of
this order, including modification, suspension, or termination of licenses
or authorizations in effect as of the date of this order.
Sec. 5. This order is not intended to create, nor does it create, any right,
benefit, or privilege, substantive or procedural, enforceable at law by a
party against the United States, its agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern daylight time on
May 23, 2001.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
W
THE WHITE HOUSE,
May 22, 2001.
[FR Doc. 01–13381
Filed 05–23–01; 12:03 pm]
Billing code 3195–01–P
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| Additional Measures With Respect To Prohibiting the Importation of Rough Diamonds From Sierra Leone | 2001-05-22T00:00:00 | 7366dc42ae021727e0e0560783295db27191998766adc2d223c7c2f43c1bb28d |
Presidential Executive Order | 01-13869 (13214) | Presidential Documents
29447
Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Presidential Documents
Executive Order 13214 of May 28, 2001
President’s Task Force To Improve Health Care Delivery for
Our Nation’s Veterans
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App.), and in order to provide prompt
and efficient access to consistently high quality health care for veterans
who have served the Nation, it is hereby ordered as follows:
Section 1. Establishment. There is established the President’s Task Force
to Improve Health Care Delivery for Our Nation’s Veterans (Task Force).
Sec. 2. Membership. The Task Force shall be comprised of 15 members
appointed by the President. Two of the 15 members shall serve as co-
chairs of the Task Force. The Task Force membership shall include health
care experts, officials familiar with Department of Veterans Affairs and De-
partment of Defense health care systems, and representatives from veteran
and military service organizations.
Sec. 3. Mission. The mission of the Task Force shall be to:
(a)
identify ways to improve benefits and services for Department of
Veterans Affairs beneficiaries and Department of Defense military
retirees who are also eligible for benefits from the Department of
Veterans Affairs through better coordination of the activities of the
two departments;
(b)
review barriers and challenges that impede Department of Veterans
Affairs and Department of Defense coordination, including budg-
eting processes, timely billing, cost accounting, information tech-
nology, and reimbursement. Identify opportunities to improve such
business practices to ensure high quality and cost effective health
care; and
(c)
identify opportunities for improved resource utilization through
partnership between the Department of Veterans Affairs and the
Department of Defense to maximize the use of resources and infra-
structure, including: buildings, information technology and data
sharing systems, procurement of supplies, equipment and services,
and delivery of care.
Sec. 4. Administration.
(a)
The Department of Veterans Affairs shall, to the extent permitted
by law, provide administrative support and funding for the Task
Force.
(b)
Members of the Task Force shall serve without any compensation
for their work on the Task Force. Members appointed from among
private citizens of the United States, however, while engaged in
the work of the Task Force, may be allowed travel expenses, in-
cluding per diem in lieu of subsistence, as authorized by law for
persons serving intermittently in Government service (5 U.S.C.
5701–5707), to the extent funds are available.
(c)
The co-chairs of the Task Force shall appoint an Executive Director
to coordinate administration of the Task Force. To the extent per-
mitted by law, office space, analytical support, and additional staff
support for the Commission shall be provided by executive branch
departments and agencies as directed by the President.
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(d)
The heads of the executive branch departments and agencies shall,
to the extent permitted by law, provide the Task Force with infor-
mation as requested by the co-chairs.
(e)
At the call of the co-chairs, the Task Force shall meet as necessary
to accomplish its mission.
(f)
The functions of the President under the Federal Advisory Com-
mittee Act, as amended, except for those in section 6 of that Act,
that are applicable to the Task Force, shall be performed by the
Department of Veterans Affairs, in accordance with the guidelines
that have been issued by the Administrator of General Services.
Sec. 5. Reports. The Task Force shall report its findings and recommendations
to the President, through the Secretary of Veterans Affairs and Secretary
of Defense. The Task Force shall issue an interim report in 9 months from
the date of the first meeting of the Task Force. The Task Force shall issue
a final report prior to the end of the second year of operation.
Sec. 6. Termination. The Task Force shall terminate 30 days after submitting
its final report, but no later than 2 years from the date of this order.
W
THE WHITE HOUSE,
May 28, 2001.
[FR Doc. 01–13869
Filed 5–30–01; 8:45 am]
Billing code 3195–01–P
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| President's Task Force To Improve Health Care Delivery for Our Nation's Veterans | 2001-05-28T00:00:00 | 8276a4f8bbc81bea1df89b80cbf575dc1699bdc89821501c0735f0781af3d1a2 |
Presidential Executive Order | 01-13116 (13211) | Presidential Documents
28355
Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Presidential Documents
Executive Order 13211 of May 18, 2001
Actions Concerning Regulations That Significantly Affect En-
ergy Supply, Distribution, or Use
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to appropriately weigh
and consider the effects of the Federal Government’s regulations on the
supply, distribution, and use of energy, it is hereby ordered as follows:
Section 1. Policy. The Federal Government can significantly affect the supply,
distribution, and use of energy. Yet there is often too little information
regarding the effects that governmental regulatory action can have on energy.
In order to provide more useful energy-related information and hence im-
prove the quality of agency decisionmaking, I am requiring that agencies
shall prepare a Statement of Energy Effects when undertaking certain agency
actions. As described more fully below, such Statements of Energy Effects
shall describe the effects of certain regulatory actions on energy supply,
distribution, or use.
Sec. 2. Preparation of a Statement of Energy Effects. (a) To the extent
permitted by law, agencies shall prepare and submit a Statement of Energy
Effects to the Administrator of the Office of Information and Regulatory
Affairs, Office of Management and Budget, for those matters identified as
significant energy actions.
(b) A Statement of Energy Effects shall consist of a detailed statement
by the agency responsible for the significant energy action relating to:
(i) any adverse effects on energy supply, distribution, or use (including
a shortfall in supply, price increases, and increased use of foreign supplies)
should the proposal be implemented, and
(ii) reasonable alternatives to the action with adverse energy effects and
the expected effects of such alternatives on energy supply, distribution,
and use.
(c) The Administrator of the Office of Information and Regulatory Affairs
shall provide guidance to the agencies on the implementation of this order
and shall consult with other agencies as appropriate in the implementation
of this order.
Sec. 3. Submission and Publication of Statements. (a) Agencies shall submit
their Statements of Energy Effects to the Administrator of the Office of
Information and Regulatory Affairs, Office of Management and Budget, when-
ever they present the related submission under Executive Order 12866 of
September 30, 1993, or any successor order.
(b) Agencies shall publish their Statements of Energy Effects, or a summary
thereof, in each related Notice of Proposed Rulemaking and in any resulting
Final Rule.
Sec. 4. Definitions. For purposes of this order:
(a) ‘‘Regulation’’ and ‘‘rule’’ have the same meaning as they do in Executive
Order 12866 or any successor order.
(b) ‘‘Significant energy action’’ means any action by an agency (normally
published in the Federal Register) that promulgates or is expected to lead
to the promulgation of a final rule or regulation, including notices of inquiry,
advance notices of proposed rulemaking, and notices of proposed rulemaking:
(1)(i) that is a significant regulatory action under Executive Order 12866
or any successor order, and
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(ii) is likely to have a significant adverse effect on the supply, distribution,
or use of energy; or
(2) that is designated by the Administrator of the Office of Information
and Regulatory Affairs as a significant energy action.
(c) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’
under 44 U.S.C. 3502(1), other than those considered to be independent
regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 5. Judicial Review. Nothing in this order shall affect any otherwise
available judicial review of agency action. This order is intended only to
improve the internal management of the Federal Government and does not
create any right or benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
W
THE WHITE HOUSE,
May 18, 2001.
[FR Doc. 01–13116
Filed 5–21–01; 10:19 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-11505 (13210) | Presidential Documents
22895
Federal Register
Vol. 66, No. 87
Friday, May 4, 2001
Title 3—
The President
Executive Order 13210 of May 2, 2001
President’s Commission To Strengthen Social Security
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App.), and to preserve Social Security
for senior Americans while building wealth for younger Americans, it is
hereby ordered as follows:
Section 1. Establishment. There is established the President’s Commission
to Strengthen Social Security (Commission).
Sec. 2. Membership. The Commission shall be composed of sixteen members
appointed by the President, of which no more than eight shall be members
of the same political party. The President shall also designate two members
of the Commission to act as co-chairs. The two co-chairs shall not be
members of the same political party.
Sec. 3. Mission. The mission of the Commission shall be to submit to
the President bipartisan recommendations to modernize and restore fiscal
soundness to the Social Security system according to the following principles:
(a) Modernization must not change Social Security benefits for retirees or
near-retirees;
(b) The entire Social Security surplus must be dedicated to Social Security
only;
(c) Social Security payroll taxes must not be increased;
(d) Government must not invest Social Security funds in the stock market;
(e) Modernization must preserve Social Security’s disability and survivors
components; and
(f) Modernization must include individually controlled, voluntary personal
retirement accounts, which will augment the Social Security safety net.
Sec. 4. Administration. (a) The Social Security Administration shall, to
the extent permitted by law, provide administrative support and funding
for the Commission.
(b) Members of the Commission shall serve without any compensation
for their work on the Commission. Members appointed from among private
citizens of the United States, however, while engaged in the work of the
Commission, may be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by law for persons serving intermittently in
Government service (5 U.S.C. 5701–5707), to the extent funds are available.
(c) The Commission shall have a staff headed by an Executive Director,
who shall be selected by the President. To the extent permitted by law,
office space, analytical support, and additional staff support for the Commis-
sion shall be provided by executive branch departments and agencies as
directed by the President.
(d) The Commission shall receive input from and provide briefings to
the Congress, by procedures determined by the President in consultation
with the congressional leadership and the Commission. Public hearings shall
be held at the call of the co-chairs, in consultation with the President.
(e) The functions of the President under the Federal Advisory Committee
Act, as amended, except for those in section 6 of that Act, that are applicable
to the Commission, shall be performed by the Social Security Administration,
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Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Presidential Documents
in accordance with the guidelines that have been issued by the Administrator
of General Services.
Sec. 5. Reports. The Commission shall submit reports to the President as
follows: (a) Interim Report. An interim report shall describe the challenges
facing the Social Security system and the criteria by which the Commission
will evaluate reform proposals. These criteria may include but are not limited
to: solvency, sustainability, benefit adequacy, fair treatment across genera-
tions and demographic groups, total annual cost obligations, net impact
on the Federal budget, impact upon national savings, impact on workforce
participation, impact on employer-provided pension plans, rates of return,
and protections against poverty.
(b) Final Report. The final report will set forth the Commission’s rec-
ommendations, in accordance with its stated mission in section 3 of this
order, regarding how to strengthen Social Security with personal accounts.
The Commission shall submit its final report during the fall of 2001. The
submission date shall be determined by the co-chairs in consultation with
the President.
Sec. 6. Termination. The Commission shall terminate 30 days after submitting
its final report.
W
THE WHITE HOUSE,
May 2, 2001.
[FR Doc. 01–11505
Filed 5–3–01; 10:58 am]
Billing code 3195–01–P
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| President's Commission To Strengthen Social Security | 2001-05-02T00:00:00 | 599a58af3b37001746cc9fa90f8c1dadc6a6a6c5872261e2d4257e284c97958c |
Presidential Executive Order | 01-13117 (13212) | Presidential Documents
28357
Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Presidential Documents
Executive Order 13212 of May 18, 2001
Actions To Expedite Energy-Related Projects
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to take additional steps
to expedite the increased supply and availability of energy to our Nation,
it is hereby ordered as follows:
Section 1. Policy. The increased production and transmission of energy
in a safe and environmentally sound manner is essential to the well-being
of the American people. In general, it is the policy of this Administration
that executive departments and agencies (agencies) shall take appropriate
actions, to the extent consistent with applicable law, to expedite projects
that will increase the production, transmission, or conservation of energy.
Sec. 2. Actions to Expedite Energy-Related Projects. For energy-related
projects, agencies shall expedite their review of permits or take other actions
as necessary to accelerate the completion of such projects, while maintaining
safety, public health, and environmental protections. The agencies shall
take such actions to the extent permitted by law and regulation, and where
appropriate.
Sec. 3. Interagency Task Force. There is established an interagency task
force (Task Force) to monitor and assist the agencies in their efforts to
expedite their review of permits or similar actions, as necessary, to accelerate
the completion of energy-related projects, increase energy production and
conservation, and improve transmission of energy. The Task Force also
shall monitor and assist agencies in setting up appropriate mechanisms
to coordinate Federal, State, tribal, and local permitting in geographic areas
where increased permitting activity is expected. The Task Force shall be
composed of representatives from the Departments of State, the Treasury,
Defense, Agriculture, Housing and Urban Development, Justice, Commerce,
Transportation, the Interior, Labor, Education, Health and Human Services,
Energy, Veterans Affairs, the Environmental Protection Agency, Central Intel-
ligence Agency, General Services Administration, Office of Management and
Budget, Council of Economic Advisers, Domestic Policy Council, National
Economic Council, and such other representatives as may be determined
by the Chairman of the Council on Environmental Quality. The Task Force
shall be chaired by the Chairman of the Council on Environmental Quality
and housed at the Department of Energy for administrative purposes.
Sec. 4. Judicial Review. Nothing in this order shall affect any otherwise
available judicial review of agency action. This order is intended only to
improve the internal management of the Federal Government and does not
create any right or benefit, substantive or procedural, enforceable at law
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Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Presidential Documents
or equity by a party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
W
THE WHITE HOUSE,
May 18, 2001.
[FR Doc. 01–13117
Filed 5–21–01; 10:19 am]
Billing code 3195–01–P
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| Actions To Expedite Energy-Related Projects | 2001-05-18T00:00:00 | a4d897605fc8731b4ca7e3b25b18598cb223b669dca8b9a67743a5930d592c56 |
Presidential Executive Order | 01-11210 (13209) | Presidential Documents
22105
Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Presidential Documents
Executive Order 13209 of April 30, 2001
Amendment to Executive Order 13183, Establishment of the
President’s Task Force on Puerto Rico’s Statis
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to extend by 3 months
the time in which the President’s Task Force on Puerto Rico’s Status is
to report to the President as directed in Executive Order 13183 of December
23, 2000, it is hereby ordered that section 4 of Executive Order 13183
is amended by deleting ‘‘May 1, 2001’’ and inserting in lieu thereof ‘‘August
1, 2001’’.
W
THE WHITE HOUSE,
April 30, 2001.
[FR Doc. 01–11210
Filed 5–1–01; 9:07 am]
Billing code 3195–01–P
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| Amendment to Executive Order 13183, Establishment of the President's Task Force on Puerto Rico's Statis | 2001-04-30T00:00:00 | c240571c7c30724c0e674e7dc1248998f7bca2eb8eeabfb6e52058e90a0014a6 |
Presidential Executive Order | 01-8836 (13207) | Presidential Documents
18399
Federal Register / Vol. 66, No. 68 / Monday, April 9, 2001 / Presidential Documents
Executive Order 13207 of April 5, 2001
Further Amendment to Executive Order 10000, Regulations
Governing Additional Compensation and Credit Granted Cer-
tain Employees of the Federal Government Serving Outside
the United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered that Executive
Order 10000, as amended, is further amended as follows:
Section 1. Section 201 is amended:
(a) by striking ‘‘(a)’’; and
(b) by striking ‘‘, and (b) the words ’section 207 of the Act’ have the
meaning set forth in section 101 hereof.’’
Sec. 2. Section 205 is amended by striking ‘‘(a)’’ and by striking subsection
(b).
Sec. 3. Section 210 is amended:
(a) by striking ‘‘, but at least annually,’’ and
(b) by striking ‘‘if program or methodology revisions would substantially
reduce an established differential or allowance rate, then’’.
W
THE WHITE HOUSE,
April 5, 2001.
[FR Doc. 01–8836
Filed 4–6–01; 8:45 am]
Billing code 3195–01–P
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| Further Amendment to Executive Order 10000, Regulations Governing Additional Compensation and Credit Granted Certain Employees of the Federal Government Serving Outside the United States | 2001-04-05T00:00:00 | 80b0fb8ec68b974bd135b1852b599b17f96a9c37113786cdc0f21fec23275849 |
Presidential Executive Order | 01-8835 (13206) | Presidential Documents
18397
Federal Register / Vol. 66, No. 68 / Monday, April 9, 2001 / Presidential Documents
Executive Order 13206 of April 4, 2001
Termination of Emergency Authority for Certain
Export Controls
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 Export Administration Act of
1979, as amended (50 U.S.C. App. 2401 et seq.) (the ‘‘Act’’), and section
301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. In view of the reauthorization and extension of the Act by Public
Law 106–508, Executive Order 12924 of August 19, 1994, which continued
the effect of export control regulations under IEEPA, is revoked, and the
declaration of economic emergency is rescinded, as provided in this order.
Sec. 2. The revocation of Executive Order 12924 shall not affect any violation
of any rules, regulations, orders, licenses, or other forms of administrative
action under that order that occurred during the period the order was
in effect. All rules and regulations issued or continued in effect under
the authority of IEEPA and Executive Order 12924, including those codified
at 15 C.F.R. 730–74 (2000), and all orders, regulations, licenses, and other
forms of administrative action issued, taken, or continued in effect pursuant
thereto, remain in full force and effect, as if issued, taken, or continued
in effect pursuant to and as authorized by the Act or by other appropriate
authority until amended or revoked by the proper authority. Nothing in
this order shall affect the continued applicability of the provision for the
administration of the Act and delegations of authority set forth in Executive
Order 12002 of July 7, 1977, Executive Order 12214 of May 2, 1980, Executive
Order 12938 of November 14, 1994, as amended, Executive Order 12981
of December 5, 1995, as amended, and Executive Order 13026 of November
15, 1996.
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Federal Register / Vol. 66, No. 68 / Monday, April 9, 2001 / Presidential Documents
Sec. 3. All rules, regulations, orders, licenses, and other forms of administra-
tive action issued, taken, or continued in effect pursuant to the authority
of IEEPA and Executive Order 12924 relating to the administration of section
38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) shall remain in
full force and effect until amended or revoked under proper authority.
W
THE WHITE HOUSE,
April 4, 2001.
[FR Doc. 01–8835
Filed 4–6–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-6558 (13205) | Presidential Documents
15011
Federal Register
Vol. 66, No. 50
Wednesday, March 14, 2001
Title 3—
The President
Executive Order 13205 of March 9, 2001
Establishing an Emergency Board To Investigate a Dispute
Between Northwest Airlines, Inc., and Its Employees Rep-
resented by the Aircraft Mechanics Fraternal Association
A dispute exists between Northwest Airlines, Inc., and its employees rep-
resented by the Aircraft Mechanics Fraternal Association.
The dispute has not heretofore been adjusted under the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151–188) (the ‘‘Act’’).
In the judgment of the National Mediation Board, this dispute threatens
substantially to interrupt interstate commerce to a degree that would deprive
sections of the country of essential transportation service.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including sections 10 and
201 of the Act (45 U.S.C. 160 and 181), it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (‘‘Board’’). There is established,
effective March 12, 2001, a Board of three members to be appointed by
the President to investigate this dispute. No member shall be pecuniarily
or otherwise interested in any organization of airline employees or any
air 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
this dispute within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 10 of the Act, from
the date of the creation of the Board and for 30 days after the Board
has submitted its report to the President, no change in the conditions out
of which the dispute arose shall be made by the parties to the controversy,
except by agreement of the parties.
Sec. 4. Record 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 sections 2 and 3 of this order.
W
THE WHITE HOUSE,
March 9, 2001.
[FR Doc. 01–6558
Filed 3–13–01; 11:57 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-4621 (13201) | Presidential Documents
11221
Federal Register
Vol. 66, No. 36
Thursday, February 22, 2001
Title 3—
The President
Executive Order 13201 of February 17, 2001
Notification of Employee Rights Concerning Payment of
Union Dues or Fees
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. 471 et seq., and in order to ensure
the economical and efficient administration and completion of Government
contracts, it is hereby ordered that:
Section 1. (a) This order is designed to promote economy and efficiency
in Government procurement. When workers are better informed of their
rights, including their rights under the Federal labor laws, their productivity
is enhanced. The availability of such a workforce from which the United
States may draw facilitates the efficient and economical completion of its
procurement contracts.
(b) The Secretary of Labor (Secretary) shall be responsible for the adminis-
tration and enforcement of this order. The Secretary shall adopt such rules
and regulations and issue such orders as are deemed necessary and appro-
priate to achieve the purposes of this order.
Sec. 2. (a) Except in contracts exempted in accordance with section 3 of
this order, all Government contracting departments and agencies shall, to
the extent consistent with law, include the following provisions in every
Government contract, other than collective bargaining agreements as defined
in 5 U.S.C. 7103(a)(8) and purchases under the ‘‘Simplified Acquisition
Threshold’’ as defined in the Office of Federal Procurement Policy Act
(41 U.S.C. 403).
‘‘1. During the term of this contract, the contractor agrees to post a notice,
of such size and in such form as the Secretary of Labor shall prescribe,
in conspicuous places in and about its plants and offices, including all
places where notices to employees are customarily posted. The notice shall
include the following information (except that the last sentence shall not
be included in notices posted in the plants or offices of carriers subject
to the Railway Labor Act, as amended (45 U.S.C. 151-188)):
‘‘NOTICE TO EMPLOYEES
Under Federal law, employees cannot be required to join a union or maintain
membership in a union in order to retain their jobs. Under certain conditions,
the law permits a union and an employer to enter into a union-security
agreement requiring employees to pay uniform periodic dues and initiation
fees. However, employees who are not union members can object to the
use of their payments for certain purposes and can only be required to
pay their share of union costs relating to collective bargaining, contract
administration, and grievance adjustment.
‘‘If you do not want to pay that portion of dues or fees used to support
activities not related to collective bargaining, contract administration, or
grievance adjustment, you are entitled to an appropriate reduction in your
payment. If you believe that you have been required to pay dues or fees
used in part to support activities not related to collective bargaining, contract
administration, or grievance adjustment, you may be entitled to a refund
and to an appropriate reduction in future payments.
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‘‘For further information concerning your rights, you may wish to contact
the National Labor Relations Board (NLRB) either at one of its Regional
offices or at the following address:
National Labor Relations Board
Division of Information
1099 14th Street, N.W.
Washington, D.C. 20570
‘‘To locate the nearest NLRB office, see NLRB’s website at www.nlrb.gov.’’
‘‘2. The contractor will comply with all provisions of Executive Order 13201
of February 17, 2001, and related rules, regulations, and orders of the Sec-
retary of Labor.
‘‘3. In the event that the contractor does not comply with any of the require-
ments set forth in paragraphs (1) or (2) above, this contract may be cancelled,
terminated, or suspended in whole or in part, and the contractor may be
declared ineligible for further Government contracts in accordance with
procedures authorized in or adopted pursuant to Executive Order 13201
of February 17, 2001. Such other sanctions or remedies may be imposed
as are provided in Executive Order 13201 of February 17, 2001, or by
rule, regulation, or order of the Secretary of Labor, or as are otherwise
provided by law.
‘‘4. The contractor will include the provisions of paragraphs (1) through
(3) herein in every subcontract or purchase order entered into in connection
with this contract unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 3 of Executive Order 13201
of February 17, 2001, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect
to any such subcontract or purchase order as may be directed by the Secretary
of Labor as a means of enforcing such provisions, including the imposition
of sanctions for non compliance: Provided, however, that if the contractor
becomes involved in litigation with a subcontractor or vendor, or is threat-
ened with such involvement, as a result of such direction, the contractor
may request the United States to enter into such litigation to protect the
interests of the United States.’’
(b) Whenever, through Acts of Congress or through clarification of existing
law by the courts or otherwise, it appears that contractual provisions other
than, or in addition to, those set out in subsection (a) of this section are
needed to inform employees fully and accurately of their rights with respect
to union dues, union-security agreements, or the like, the Secretary shall
promptly issue such rules, regulations, or orders as are needed to cause
the substitution or addition of appropriate contractual provisions in Govern-
ment contracts thereafter entered into.
Sec. 3. (a) The Secretary may, if the Secretary finds that special circumstances
require an exemption in order to serve the national interest, exempt a
contracting department or agency from the requirements of any or all of
the provisions of section 2 of this order with respect to a particular contract,
subcontract, or purchase order.
(b) The Secretary may, by rule, regulation, or order, exempt from the
provisions of section 2 of this order certain classes of contracts to the
extent that they involve (i) work outside the United States and do not
involve the recruitment or employment of workers within the United States;
(ii) work in jurisdictions where State law forbids enforcement of union-
security agreements; (iii) work at sites where the notice to employees de-
scribed in section 2(a) of this order would be unnecessary because the
employees are not represented by a union; (iv) numbers of workers below
appropriate thresholds set by the Secretary; or (v) subcontracts below an
appropriate tier set by the Secretary.
(c) The Secretary may provide, by rule, regulation, or order, for the exemp-
tion of facilities of a contractor, subcontractor, or vendor that are in all
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respects separate and distinct from activities related to the performance
of the contract: Provided, that such exemption will not interfere with or
impede the effectuation of the purposes of this order: And provided further,
that in the absence of such an exemption all facilities shall be covered
by the provisions of this order.
Sec. 4. (a) The Secretary may investigate any Government contractor, subcon-
tractor, or vendor to determine whether the contractual provisions required
by section 2 of this order have been violated. Such investigations shall
be conducted in accordance with procedures established by the Secretary.
(b) The Secretary shall receive and investigate complaints by employees
of a Government contractor, subcontractor, or vendor where such complaints
allege a failure to perform or a violation of the contractual provisions required
by section 2 of this order.
Sec. 5. (a) The Secretary, or any agency or officer in the executive branch
of the Government designated by rule, regulation, or order of the Secretary,
may hold such hearings, public or private, regarding compliance with this
order as the Secretary may deem advisable.
(b) The Secretary may hold hearings, or cause hearings to be held, in
accordance with subsection (a) of this section prior to imposing, ordering,
or recommending the imposition of sanctions under this order. Neither
an order for debarment of any contractor from further Government contracts
under section 6(b) of this order nor the inclusion of a contractor on a
published list of noncomplying contractors under section 6(c) of this order
shall be carried out without affording the contractor an opportunity for
a hearing.
Sec. 6. In accordance with such rules, regulations, or orders as the Secretary
may issue or adopt, the Secretary may:
(a) after consulting with the contracting department or agency, direct
that department or agency to cancel, terminate, suspend, or cause to be
cancelled, terminated, or suspended, any contract, or any portion or portions
thereof, for failure of the contractor to comply with the contractual provisions
required by section 2 of this order; contracts may be cancelled, terminated,
or suspended absolutely, or continuance of contracts may be conditioned
upon future compliance: Provided, that before issuing a directive under
this subsection, the Secretary shall provide the head of the contracting
department or agency an opportunity to offer written objections to the
issuance of such a directive, which objections shall include a complete
statement of reasons for the objections, among which reasons shall be a
finding that completion of the contract is essential to the agency’s mission:
And provided further, that no directive shall be issued by the Secretary
under this subsection so long as the head of the contracting department
or agency continues personally to object to the issuance of such directive;
(b) after consulting with each affected contracting department or agency,
provide that one or more contracting departments or agencies shall refrain
from entering into further contracts, or extensions or other modifications
of existing contracts, with any noncomplying contractor, until such contractor
has satisfied the Secretary that such con tractor has complied with and
will carry out the provisions of this order: Provided, that before issuing
a directive under this subsection, the Secretary shall provide the head of
each contracting department or agency an opportunity to offer written objec-
tions to the issuance of such a directive, which objections shall include
a complete statement of reasons for the objections, among which reasons
shall be a finding that further contracts or extensions or other modifications
of existing contracts with the noncomplying contractor are essential to the
agency’s mission: And provided further, that no directive shall be issued
by the Secretary under this subsection so long as the head of a contracting
department or agency continues personally to object to the issuance of
such directive; and
(c) publish, or cause to be published, the names of contractors that have,
in the judgment of the Secretary, failed to comply with the provisions
of this order or of related rules, regulations, and orders of the Secretary.
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Sec. 7. Whenever the Secretary invokes section 6(a) or 6(b) of this order,
the contracting department or agency shall report the results of the action
it has taken to the Secretary within such time as the Secretary shall specify.
Sec. 8. Each contracting department and agency shall cooperate with the
Secretary and provide such information and assistance as the Secretary
may require in the performance of the Secretary’s functions under this
order.
Sec. 9. The Secretary may delegate any function or duty of the Secretary
under this order to any officer in the Department of Labor or to any other
officer in the executive branch of the Government, with the consent of
the head of the department or agency in which that officer serves.
Sec. 10. The Federal Acquisition Regulatory Council (FAR Council) shall
take whatever action is required to implement in the Federal Acquisition
Regulation (FAR) the provisions of this order and of any related rules,
regulations, or orders of the Secretary that were issued to implement this
Executive Order. The FAR Council shall amend the FAR to require each
solicitation of offers for a contract to include a provision that implements
section 2 of this order.
Sec. 11. As it relates to notification of employee rights concerning payment
of union dues or fees, Executive Order 12836 of February 1, 1993, which,
among other things, revoked Executive Order 12800 of April 13, 1992, is
revoked.
Sec. 12. The heads of executive departments and agencies shall revoke
expeditiously any orders, rules, regulations, guidelines, or policies imple-
menting or enforcing Executive Order 12836 of February 1, 1993, as it
relates to notification of employee rights concerning payment of union dues
or fees, to the extent consistent with law.
Sec. 13. This order is intended only to improve the internal management
of the executive branch and is not intended to, nor does it, create any
right to administrative or judicial review, or any right, whether substantive
or procedural, enforceable by any party against the United States, its agencies
or instrumentalities, its officers or employees, or any other person.
Sec. 14. The provisions of this order shall apply to contracts resulting
from solicitations issued on or after the effective date of this order.
Sec. 15. This order shall become effective 60 days after the date of this
order.
W
THE WHITE HOUSE,
February 17, 2001.
[FR Doc. 01–4621
Filed 02–21–01; 11:15 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-4622 (13202) | Presidential Documents
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Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Presidential Documents
Executive Order 13202 of February 17, 2001
Preservation of Open Competition and Government Neutrality
Towards Government Contractors’ Labor Relations on
Federal and Federally Funded Construction Projects
By the authority vested in me as President by the Constitution and laws
of the United States of America, including the Federal Property and Adminis-
trative Services Act, 40 U.S.C. 471 et seq., and in order to (1) promote
and ensure open competition on Federal and federally funded or assisted
construction projects; (2) maintain Government neutrality towards Govern-
ment contractors’ labor relations on Federal and federally funded or assisted
construction projects; (3) reduce construction costs to the Federal Government
and to the taxpayers; (4) expand job opportunities, especially for small
and disadvantaged businesses; and (5) prevent discrimination against Govern-
ment contractors or their employees based upon labor affiliation or lack
thereof; thereby promoting the economical, nondiscriminatory, and efficient
administration and completion of Federal and federally funded or assisted
construction projects, it is hereby ordered that:
Section 1. To the extent permitted by law, any executive agency awarding
any construction contract after the date of this order, or obligating funds
pursuant to such a contract, shall ensure that neither the awarding Govern-
ment authority nor any construction manager acting on behalf of the Govern-
ment shall, in its bid specifications, project agreements, or other controlling
documents:
(a) Require or prohibit bidders, offerors, contractors, or subcontractors
to enter into or adhere to agreements with one or more labor organizations,
on the same or other related construction project(s); or
(b) Otherwise discriminate against bidders, offerors, contractors, or sub-
contractors for becoming or refusing to become or remain signatories or
otherwise to adhere to agreements with one or more labor organizations,
on the same or other related construction project(s).
(c) Nothing in this section shall prohibit contractors or subcontractors
from voluntarily entering into agreements described in subsection (a).
Sec. 2. Contracts awarded before the date of this order, and subcontracts
awarded pursuant to such contracts, whenever awarded, shall not be gov-
erned by this order.
Sec. 3. To the extent permitted by law, any executive agency issuing grants,
providing financial assistance, or entering into cooperative agreements for
construction projects, shall ensure that neither the bid specifications, project
agreements, nor other controlling documents for construction contracts
awarded after the date of this order by recipients of grants or financial
assistance or by parties to cooperative agreements, nor those of any construc-
tion manager acting on their behalf, shall contain any of the requirements
or prohibitions set forth in section 1(a) or (b) of this order.
Sec. 4. In the event that an awarding authority, a recipient of grants or
financial assistance, a party to a cooperative agreement, or a construction
manager acting on behalf of the foregoing, performs in a manner contrary
to the provisions of sections 1 or 3 of this order, the executive agency
awarding the contract, grant, or assistance shall take such action, consistent
with law and regulation, as the agency determines may be appropriate.
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Sec. 5. (a) The head of an executive agency may exempt a particular project,
contract, subcontract, grant, or cooperative agreement from the requirements
of any or all of the provisions of sections 1 and 3 of this order, if the
agency head finds that special circumstances require an exemption in order
to avert an imminent threat to public health or safety or to serve the
national security.
(b) A finding of ‘‘special circumstances’’ under section 5(a) may not be
based on the possibility or presence of a labor dispute concerning the
use of contractors or subcontractors who are nonsignatories to, or otherwise
do not adhere to, agreements with one or more labor organizations, or
concerning employees on the project who are not members of or affiliated
with a labor organization.
Sec. 6. (a) The term ‘‘construction contract’’ as used in this order means
any contract for the construction, rehabilitation, alteration, conversion, exten-
sion, or repair of buildings, highways, or other improvements to real property.
(b) The term ‘‘executive agency’’ as used in this order shall have the
same meaning it has in 5 U.S.C. 105, excluding the General Accounting
Office.
(c) The term ‘‘labor organization’’ as used in this order shall have the
same meaning it has in 42 U.S.C. 2000e(d).
Sec. 7. With respect to Federal contracts, within 60 days of the issuance
of this order, the Federal Acquisition Regulatory Council shall take whatever
action is required to amend the Federal Acquisition Regulation in order
to implement the provisions of this order.
Sec. 8. As it relates to project agreements, Executive Order 12836 of February
1, 1993, which, among other things, revoked Executive Order 12818 of
October 23, 1992, is revoked.
Sec. 9. The Presidential Memorandum of June 5, 1997, entitled ‘‘Use of
Project Labor Agreements for Federal Construction Projects’’ (the ‘‘Memo-
randum’’), is also revoked.
Sec. 10. The heads of executive departments and agencies shall revoke
expeditiously any orders, rules, regulations, guidelines, or policies imple-
menting or enforcing the Memorandum or Executive Order 12836 of February
1, 1993, as it relates to project agreements, to the extent consistent with
law.
Sec. 11. This order is intended only to improve the internal management
of the executive branch and is not intended to, nor does it, create any
right to administrative or judicial review, or any right, whether substantive
or procedural, enforce able by any party against the United States, its agencies
or instrumentalities, its officers or employees, or any other person.
W
THE WHITE HOUSE,
February 17, 2001
[FR Doc. 01–4622
Filed 02–21–01; 11:16 am]
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Presidential Executive Order | 01-9086 (13208) | Presidential Documents
18717
Federal Register
Vol. 66, No. 70
Wednesday, April 11, 2001
Title 3—
The President
Executive Order 13208 of April 6, 2001
Amendment to Executive Order 13202, Preservation of Open
Competition and Government Neutrality Towards Govern-
ment Contractors’ Labor Relations on Federal and Federally
Funded Construction Projects
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 471 et seq., and in order to (1)
promote and ensure open competition on Federal and federally funded
or assisted construction projects; (2) maintain Government neutrality towards
Government contractors’ labor relations on Federal and federally funded
or assisted construction projects; (3) reduce construction costs to the Federal
Government and to the tax payers; (4) expand job opportunities, especially
for small and disadvantaged businesses; (5) prevent discrimination against
Government contractors or their employees based upon labor affiliation or
lack thereof; and (6) prevent the inefficiency that may result from the disrup-
tion of a previously established contractual relationship in particular cases;
thereby promoting the economical, nondiscriminatory, and efficient adminis-
tration and completion of Federal and federally funded or assisted construc-
tion projects, it is hereby ordered that Executive Order 13202 of February
17, 2001, is amended by adding to section 5 of that order the following
new subsection:
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(c)
The head of an executive agency, upon application of an awarding
authority, a recipient of grants or financial assistance, a party to
a cooperative agreement, or a construction manager acting on be-
half of the foregoing, may exempt a particular project from the re-
quirements of any or all of the provisions of sections 1 and 3 of
this order, if the agency head finds: (i) that the awarding authority,
recipient of grants or financial assistance, party to a cooperative
agreement, or construction manager acting on behalf of the fore-
going had issued or was a party to, as of the date of this order,
bid specifications, project agreements, agreements with one or more
labor organizations, or other controlling documents with respect to
that particular project, which contained any of the requirements or
prohibitions set forth in sections 1(a) or (b) of this order; and (ii)
that one or more construction contracts subject to such require-
ments or prohibitions had been awarded as of the date of this
order.
W
THE WHITE HOUSE,
April 6, 2001.
[FR Doc. 01–9086
Filed 4–10–01; 8:45 am]
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Presidential Executive Order | 01-4624 (13204) | Presidential Documents
11228
Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Presidential Documents
Executive Order 13204 of February 17, 2001
Revocation of Executive Order on Nondisplacement of
Qualified Workers Under Certain Contracts
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered that:
Section 1. Executive Order 12933 of October 20, 1994, which requires,
with respect to contracts for public buildings, that successive contractors
offer a right of first refusal of employment to employees of the prior con-
tractor, is revoked.
Sec. 2. The Secretary of Labor (Secretary), the Federal Acquisition Regulatory
Council, and heads of executive agencies shall promptly move to rescind
any orders, rules, regulations, guidelines, or policies implementing or enforc-
ing Executive Order 12933 of October 20, 1994, to the extent consistent
with law.
Sec. 3. The Secretary shall terminate, effective today, any investigations
or other compliance actions based on Executive Order 12933 of October
20, 1994.
W
THE WHITE HOUSE,
February 17, 2001.
[FR Doc. 01–4624
Filed 02–21–01; 11:17 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-2851 (13198) | Presidential Documents
8497
Federal Register
Vol. 66, No. 21
Wednesday, January 31, 2001
Title 3—
The President
Executive Order 13198 of January 29, 2001
Agency Responsibilities With Respect to Faith-Based and
Community Initiatives
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to help the Federal
Government coordinate a national effort to expand opportunities for faith-
based and other community organizations and to strengthen their capacity
to better meet social needs in America’s communities, it is hereby ordered
as follows:
Section 1. Establishment of Executive Department Centers for Faith-Based
and Community Initiatives. (a) The Attorney General, the Secretary of Edu-
cation, the Secretary of Labor, the Secretary of Health and Human Services,
and the Secretary of Housing and Urban Development shall each establish
within their respective departments a Center for Faith-Based and Community
Initiatives (Center).
(b) Each executive department Center shall be supervised by a Director,
appointed by the department head in consultation with the White House
Office of Faith-Based and Community Initiatives (White House OFBCI).
(c) Each department shall provide its Center with appropriate staff, admin-
istrative support, and other resources to meet its responsibilities under this
order.
(d) Each department’s Center shall begin operations no later than 45
days from the date of this order.
Sec. 2. Purpose of Executive Department Centers for Faith-Based and Commu-
nity Initiatives. The purpose of the executive department Centers will be
to coordinate department efforts to eliminate regulatory, contracting, and
other programmatic obstacles to the participation of faith-based and other
community organizations in the provision of social services.
Sec. 3. Responsibilities of Executive Department Centers for Faith-Based
and Community Initiatives. Each Center shall, to the extent permitted by
law: (a) conduct, in coordination with the White House OFBCI, a department-
wide audit to identify all existing barriers to the participation of faith-
based and other community organizations in the delivery of social services
by the department, including but not limited to regulations, rules, orders,
procurement, and other internal policies and practices, and outreach activities
that either facially discriminate against or otherwise discourage or disadvan-
tage the participation of faith-based and other community organizations in
Federal programs;
(b) coordinate a comprehensive departmental effort to incorporate faith-
based and other community organizations in department programs and initia-
tives to the greatest extent possible;
(c) propose initiatives to remove barriers identified pursuant to section
3(a) of this order, including but not limited to reform of regulations, procure-
ment, and other internal policies and practices, and outreach activities;
(d) propose the development of innovative pilot and demonstration pro-
grams to increase the participation of faith-based and other community
organizations in Federal as well as State and local initiatives; and
(e) develop and coordinate department outreach efforts to disseminate
information more effectively to faith-based and other community organiza-
tions with respect to programming changes, contracting opportunities, and
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Federal Register / Vol. 66, No. 21 / Wednesday, January 31, 2001 / Presidential Documents
other department initiatives, including but not limited to Web and Internet
resources.
Sec. 4. Additional Responsibilities of the Department of Health and Human
Services and the Department of Labor Centers. In addition to those respon-
sibilities described in section 3 of this order, the Department of Health
and Human Services and the Department of Labor Centers shall, to the
extent permitted by law: (a) conduct a comprehensive review of policies
and practices affecting existing funding streams governed by so-called ‘‘Chari-
table Choice’’ legislation to assess the department’s compliance with the
requirements of Charitable Choice; and (b) promote and ensure compliance
with existing Charitable Choice legislation by the department, as well as
its partners in State and local government, and their contractors.
Sec. 5. Reporting Requirements. (a) Report. Not later than 180 days after
the date of this order and annually thereafter, each of the five executive
department Centers described in section 1 of this order shall prepare and
submit a report to the White House OFBCI.
(b) Contents. The report shall include a description of the department’s
efforts in carrying out its responsibilities under this order, including but
not limited to:
(1) a comprehensive analysis of the barriers to the full participation
of faith-based and other community organizations in the delivery of social
services identified pursuant to section 3(a) of this order and the proposed
strategies to eliminate those barriers; and
(2) a summary of the technical assistance and other information that
will be available to faith-based and other community organizations regarding
the program activities of the department and the preparation of applications
or proposals for grants, cooperative agreements, contracts, and procurement.
(c) Performance Indicators. The first report, filed 180 days after the date
of this order, shall include annual performance indicators and measurable
objectives for department action. Each report filed thereafter shall measure
the department’s performance against the objectives set forth in the initial
report.
Sec. 6. Responsibilities of All Executive Departments and Agencies. All
executive departments and agencies (agencies) shall: (a) designate an agency
employee to serve as the liaison and point of contact with the White House
OFBCI; and
(b) cooperate with the White House OFBCI and provide such information,
support, and assistance to the White House OFBCI as it may request, to
the extent permitted by law.
Sec. 7. Administration and Judicial Review. (a) The agencies’ actions directed
by this Executive Order shall be carried out subject to the availability of
appropriations and to the extent permitted by law.
(b) This order does not create any right or benefit, substantive or proce-
dural, enforceable at law or equity against the United States, its agencies
or instrumentalities, its officers or employees, or any other person.
W
THE WHITE HOUSE,
January 29, 2001.
[FR Doc. 01–2851
Filed 1–30–01; 11:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-3883 (13200) | Presidential Documents
10183
Federal Register
Vol. 66, No. 31
Wednesday, February 14, 2001
Title 3—
The President
Executive Order 13200 of February 11, 2001
President’s Information Technology Advisory Committee, Fur-
ther Amendment to Executive Order 13035, as Amended
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the High-Performance Com-
puting Act of 1991 (Public Law 102–194), as amended by the Next Generation
Internet Research Act of 1998 (Public Law 105–305), and in order to extend
the life of the President’s Information Technology Advisory Committee so
that it may continue to carry out its responsibilities, it is hereby ordered
that Executive Order 13035 of February 11, 1997, as amended by Executive
Orders 13092 and 13113 (‘‘Executive Order 13035, as amended’’), is further
amended as follows:
Section 4(b) of Executive Order 13035, as amended, is further amended
by deleting ‘‘February 11, 2001 and inserting ‘‘June 1, 2001,’’ in lieu thereof.
W
THE WHITE HOUSE,
February 11, 2001.
[FR Doc. 01–3883
Filed 2–13–01; 8:45 am]
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| President's Information Technology Advisory Committee, Further Amendment to Executive Order 13035, as Amended | 2001-02-11T00:00:00 | be84b66e17ad58aded61df85cd327565add7f2c40502870047f71fcbb07788b3 |
Presidential Executive Order | 01-2852 (13199) | Presidential Documents
8499
Federal Register / Vol. 66, No. 21 / Wednesday, January 31, 2001 / Presidential Documents
Executive Order 13199 of January 29, 2001
Establishment of White House Office of Faith-Based and
Community Initiatives
By the authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, and in order
to help the Federal Government coordinate a national effort to expand oppor-
tunities for faith-based and other community organizations and to strengthen
their capacity to better meet social needs in America’s communities, it
is hereby ordered as follows:
Section 1. Policy. Faith-based and other community organizations are indis-
pensable in meeting the needs of poor Americans and distressed neighbor-
hoods. Government cannot be replaced by such organizations, but it can
and should welcome them as partners. The paramount goal is compassionate
results, and private and charitable community groups, including religious
ones, should have the fullest opportunity permitted by law to compete
on a level playing field, so long as they achieve valid public purposes,
such as curbing crime, conquering addiction, strengthening families and
neighborhoods, and overcoming poverty. This delivery of social services
must be results oriented and should value the bedrock principles of plu-
ralism, nondiscrimination, evenhandedness, and neutrality.
Sec. 2. Establishment. There is established a White House Office of Faith-
Based and Community Initiatives (White House OFBCI) within the Executive
Office of the President that will have lead responsibility in the executive
branch to establish policies, priorities, and objectives for the Federal Govern-
ment’s comprehensive effort to enlist, equip, enable, empower, and expand
the work of faith-based and other community organizations to the extent
permitted by law.
Sec. 3. Functions. The principal functions of the White House OFBCI are,
to the extent permitted by law: (a) to develop, lead, and coordinate the
Administration’s policy agenda affecting faith-based and other community
programs and initiatives, expand the role of such efforts in communities,
and increase their capacity through executive action, legislation, Federal
and private funding, and regulatory relief;
(b) to ensure that Administration and Federal Government policy decisions
and programs are consistent with the President’s stated goals with respect
to faith-based and other community initiatives;
(c) to help integrate the President’s policy agenda affecting faith-based
and other community organizations across the Federal Government;
(d) to coordinate public education activities designed to mobilize public
support for faith-based and community nonprofit initiatives through vol-
unteerism, special projects, demonstration pilots, and public-private partner-
ships;
(e) to encourage private charitable giving to support faith-based and com-
munity initiatives;
(f) to bring concerns, ideas, and policy options to the President for assisting,
strengthening, and replicating successful faith-based and other community
programs;
(g) to provide policy and legal education to State, local, and community
policymakers and public officials seeking ways to empower faith-based and
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Federal Register / Vol. 66, No. 21 / Wednesday, January 31, 2001 / Presidential Documents
other community organizations and to improve the opportunities, capacity,
and expertise of such groups;
(h) to develop and implement strategic initiatives under the President’s
agenda to strengthen the institutions of civil society and America’s families
and communities;
(i) to showcase and herald innovative grassroots nonprofit organizations
and civic initiatives;
(j) to eliminate unnecessary legislative, regulatory, and other bureaucratic
barriers that impede effective faith-based and other community efforts to
solve social problems;
(k) to monitor implementation of the President’s agenda affecting faith-
based and other community organizations; and
(l) to ensure that the efforts of faith-based and other community organiza-
tions meet high standards of excellence and accountability.
Sec. 4. Administration. (a) The White House OFBCI may function through
established or ad hoc committees, task forces, or interagency groups.
(b) The White House OFBCI shall have a staff to be headed by the Assistant
to the President for Faith-Based and Community Initiatives. The White House
OFBCI shall have such staff and other assistance, to the extent permitted
by law, as may be necessary to carry out the provisions of this order.
The White House OFBCI operations shall begin no later than 30 days from
the date of this order.
(c) The White House OFBCI shall coordinate with the liaison and point
of contact designated by each executive department and agency with respect
to this initiative.
(d) All executive departments and agencies (agencies) shall cooperate with
the White House OFBCI and provide such information, support, and assist-
ance to the White House OFBCI as it may request, to the extent permitted
by law.
(e) The agencies’ actions directed by this Executive Order shall be carried
out subject to the availability of appropriations and to the extent permitted
by law.
Sec. 5. Judicial Review. This order does not create any right or benefit,
substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies or instrumentalities, its officers or employees,
or any other person.
W
THE WHITE HOUSE,
January 29, 2001.
[FR Doc. 01–2852
Filed 1–30–01; 11:45 am]
Billing code 3195–01–P
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| Establishment of White House Office of Faith- Based and Community Initiatives | 2001-01-29T00:00:00 | 363d79c70c305b6572ab8705fb517e2220be233e0db9eef3ea665915cd92356d |
Presidential Executive Order | 01-2139 (13193) | Presidential Documents
7387
Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / Presidential Documents
Executive Order 13193 of January 18, 2001
Federal Leadership on Global Tobacco Control and Preven-
tion
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It shall be the policy of the executive branch to take
strong action to address the potential global epidemic of diseases caused
by tobacco use. The executive branch shall undertake activities to increase
its capacity to address global tobacco prevention and control issues through
coordinated domestic action, limited bilateral assistance to individual na-
tions, and support to multilateral organizations. International activities shall
be directed towards deterring children from tobacco use, protecting non-
smokers, and providing information about the adverse health effects of to-
bacco use and the health benefits of cessation.
Sec. 2. Responsibilities of Federal Departments and Agencies. (a) Tobacco
Trade Policy. In the implementation of international trade policy, executive
departments and agencies shall not promote the sale or export of tobacco
or tobacco products, or seek the reduction or removal of foreign government
restrictions on the marketing and advertising of such products, provided
that such restrictions are applied equally to all tobacco or tobacco products
of the same type. Departments and agencies are not precluded from taking
necessary actions in accordance with the requirements and remedies available
under applicable United States trade laws and international agreements to
ensure nondiscriminatory treatment of United States products. Nothing in
this Executive Order shall be construed (1) to modify the annual executive
branch guidance to United States diplomatic posts on health, trade, and
commercial aspects of tobacco, or (2) to affect any negotiating position
of the United States on the Framework Convention on Tobacco Control.
(b) The Department of Health and Human Services’ (HHS) Role in Tobacco
Trade Policy Deliberations. The HHS shall be included in all deliberations
of interagency working groups, chaired by the United States Trade Represent-
ative (USTR), that address issues relating to trade in tobacco and tobacco
products. Through such participation, HHS shall advise the USTR, and
other interested Federal agencies, of the potential public health impact of
any tobacco-related trade action that is under consideration. Upon conclusion
of a trade agreement that includes provisions specifically addressing tobacco
or tobacco products, the USTR shall produce and make publicly available
a summary describing those provisions.
(c) International Tobacco Control Needs Assessment. The HHS, with the
cooperation of the Departments of State, Commerce, and Agriculture, and
in consultation with the appropriate national Ministry of Health, shall con-
duct a pilot assessment of tobacco use in a country other than the United
States. Such assessment will be carried out through a compilation and
review of surveys and other needs assessments already available and include:
(1) initial estimates of the burden of disease and other public health
consequences of tobacco use;
(2) the status of tobacco control regulatory measures in place to curtail
tobacco consumption and tobacco related disease; and
(3) an analysis of the marketing, distribution, and manufacturing practices
of tobacco companies in given regions, and the impact of those practices
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Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / Presidential Documents
on smoking rates, particularly among women and children. Such assessment
shall be prepared and provided to interested agencies and other parties
not later than December 31, 2001, and be updated as practicable.
(d) Research and Training in Tobacco Control. The HHS will develop
a research and training program linking institutions in the United States
and certain other countries in the field of tobacco control. Emphasis will
be placed on the collection of standardized and comparable surveillance
data; networks for communication, information and best practices; and the
development and evaluation of culturally-targeted approaches to preventing
tobacco use and increasing quit rates, especially among women and children.
Sec. 3. General. (a) Executive departments and agencies shall carry out
the provisions of this order to the extent permitted by law and consistent
with their statutory and regulatory authorities and their enforcement mecha-
nisms.
(b) This order clarifies and strengthens Administration policy and does
not create any right or benefit, substantive or procedural, enforceable at
law by a party against the United States, its officers or employees, or any
other person.
œ–
THE WHITE HOUSE,
January 18, 2001.
[FR Doc. 01–2139
Filed 1–22–01; 8:45 am]
Billing code 3195–01–P
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| Federal Leadership on Global Tobacco Control and Prevention | 2001-01-18T00:00:00 | 6c566ee43353c90b8ec87eff21f91014fabfa2c5ba6c35aea7dc0a7be6b25adb |
Presidential Executive Order | 01-2398 (13197) | Presidential Documents
7853
Federal Register
Vol. 66, No. 17
Thursday, January 25, 2001
Title 3—
The President
Executive Order 13197 of January 18, 2001
Governmentwide Accountability for Merit System Principles;
Workforce Information
In an era of decentralization of Federal human resources management, it
is increasingly important to ensure that merit system principles are applied
consistently across the Federal Government and that the Executive branch
has the ability to collect information about its workforce. The President
and the public need to be assured that Federal agencies are monitoring
the exercise of all human resources management authorities that have been
delegated to them.
Therefore, by the authority vested in me as President by the Constitution
and the laws of the United States of America, including sections 1104(a)(1),
2301(c), and 3302 of title 5, United States Code, it is hereby ordered as
follows:
Section 1. Civil Service Rule V (5 CFR Part 5) is amended in section
5.2 by striking subsection (d).
Sec. 2. Civil Service Rule VII (5 CFR Part 7) is amended —
(a) by striking section 7.2;
(b) by redesignating sections 7.3 and 7.4 as sections 7.2 and 7.3, respectively;
and
(c) by amending the table of sections to read as follows:
‘‘Sec.
7.1 Discretion in filling vacancies.
7.2 Reemployment rights.
7.3 Citizenship.’’
Sec. 3. Two new Civil Service Rules are added at the end of Civil Service
Rule VIII to read as follows:
‘‘PART 9—WORKFORCE INFORMATION (RULE IX)
Sec.
9.1 Definition.
9.2 Reporting workforce information.
§ 9.1 Definition.
As used in this rule, ’Executive agency’ means an Executive department,
a Government corporation, and an independent establishment, as those terms
are defined in chapter 1 of title 5, United States Code, but does not include
the Federal Bureau of Investigation, the Central Intelligence Agency, the
Defense Intelligence Agency, the National Imagery and Mapping Agency,
the National Security Agency, and, as determined by the President, any
Executive agency or unit within an Executive agency which has as its
principal function the conduct of foreign intelligence or counterintelligence
activities.
§ 9.2 Reporting workforce information.
The Director of the Office of Personnel Management may require all Executive
agencies to report information relating to civilian employees, including posi-
tions and employees in the competitive, excepted, and Senior Executive
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Federal Register / Vol. 66, No. 17 / Thursday, January 25, 2001 / Presidential Documents
services, in a manner and at times prescribed by the Director. The Director
shall establish standards for workforce information submissions under this
section, and agencies shall ensure that their submissions meet these standards
consistent with the Privacy Act. The Director may exempt from this section
a specific agency or group of employees when the Director determines
that an exemption is appropriate because of special circumstances.
PART 10—AGENCY ACCOUNTABILITY SYSTEMS;
OPM AUTHORITY TO REVIEW PERSONNEL MANAGEMENT PROGRAMS
(RULE X)
Sec.
10.1 Definitions.
10.2 Accountability systems.
10.3 OPM authority to review personnel management programs and practices.
§ 10.1 Definitions.
For purposes of this rule —
(a) ’agency’ means an Executive agency as defined in Rule IX, but does
not include a Government corporation or the General Accounting Office;
and
(b) ’merit system principles’ means the principles for Federal personnel
management that are set forth in section 2301(b) of title 5, United States
Code.
§ 10.2. Accountability systems.
The Director of the Office of Personnel Management may require an agency
to establish and maintain a system of accountability for merit system prin-
ciples that (1) sets standards for applying the merit system principles, (2)
measures the agency’s effectiveness in meeting these standards, and (3)
corrects any deficiencies in meeting these standards.
§ 10.3. OPM authority to review personnel management
programs and practices.
The Office of Personnel Management may review the human resources man-
agement programs and practices of any agency and report to the head of
the agency and the President on the effectiveness of these programs and
practices, including whether they are consistent with the merit system prin-
ciples.’’
œ–
THE WHITE HOUSE,
January 18, 2001.
[FR Doc. 01–2398
Filed 1–24–01; 8:45 am]
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| Governmentwide Accountability for Merit System Principles; Workforce Information | 2001-01-18T00:00:00 | 1521e810fa743de7335cfb7474a70be1afddb3f27dfcff620dc4a8a927426e3d |
Presidential Executive Order | 02-4071 (13257) | Presidential Documents
7259
Federal Register
Vol. 67, No. 33
Tuesday, February 19, 2002
Title 3—
The President
Executive Order 13257 of February 13, 2002
President’s Interagency Task Force To Monitor and Combat
Trafficking in Persons
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Trafficking Victims
Protection Act of 2000, (22 U.S.C. 7103) (the ‘‘Act’’), and in order to combat
trafficking in persons, a contemporary manifestation of slavery whose victims
are predominantly women and children, to ensure just and effective punish-
ment of traffickers, and to protect their victims, it is hereby ordered as
follows:
Section 1. (a) The President’s Interagency Task Force to Monitor and Combat
Trafficking in Persons is hereby established.
(b) The Task Force shall consist of:
(i) the Secretary of State;
(ii) the Attorney General;
(iii) the Secretary of Labor;
(iv) the Secretary of Health and Human Services;
(v) the Director of Central Intelligence;
(vi) the Director of the Office of Management and Budget;
(vii) the Administrator of the United States Agency for International
Development; and
(viii) any additional officers or employees of the United States as may
be designated by the President.
(c) The Task Force shall be chaired by the Secretary of State.
Sec. 2. Activities. The Task Force shall, consistent with applicable law
and the constitutional authorities and duties of the President, carry out
the following activities:
(a) coordinate the implementation of the Act;
(b) measure and evaluate progress of the United States and other countries
in the areas of trafficking in persons prevention, protection, and assistance
to victims of trafficking in persons, and prosecutions and other enforcement
efforts against traffickers, including the role of public corruption in facili-
tating trafficking in persons;
(c) assist the Secretary of State in the preparation of the annual reports
described in section 110 of the Act;
(d) expand interagency procedures to collect and organize data, including
significant research and resource information on domestic and international
trafficking in persons, while ensuring that any data collection procedures
involved, respect the confidentiality of victims of trafficking in persons;
(e) engage in efforts to facilitate cooperation among countries of origin,
transit, and destination, and such efforts shall aim to strengthen local and
regional capacities to prevent trafficking in persons, prosecute traffickers
and assist trafficking victims; shall include initiatives to enhance cooperative
efforts between destination countries, transit countries, and countries of
origin; and shall assist in the appropriate reintegration of stateless victims
of trafficking in persons;
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Federal Register / Vol. 67, No. 33 / Tuesday, February 19, 2002 / Presidential Documents
(f) examine the role of the international ‘‘sex tourism’’ industry in the
trafficking of persons and in the sexual exploitation of women and children
around the world;
(g) engage in consultation and advocacy with governmental and nongovern-
mental organizations, among other entities, to advance the purposes of the
Act; and
(h) address such other matters related to the purposes of the Act as
the President may determine.
Sec. 3. Administration. (a) The Department of State shall provide funding
and administrative support for the Task Force, except as otherwise provided
by the Act.
(b) At the call of the Chair, the Task Force shall meet as necessary
to accomplish its mission.
(c) Task Force members may designate representatives from their respective
agencies to represent them at Task Force meetings.
(d) Whenever the work of the Task Force involves a matter committed
by law or Presidential directive to the consideration of the National Security
Council, or by Executive Order 13228 of October 8, 2001, to the consideration
of the Homeland Security Council, that work shall be undertaken, and
any communication by the Secretary of State to the President shall be
undertaken, in a manner consistent with such law, Presidential directive,
or Executive Order.
(e) The Task Force shall have no directive authority or other substantial
independent authority.
(f) As necessary and appropriate, the Task Force shall report to the Presi-
dent, through the Secretary of State, the following:
(i) progress on the implementation of the Act; and
(ii) recommendations for United States policy to monitor and eliminate
trafficking in persons and to protect the victims of trafficking in persons.
Sec. 4. Judicial Review. This order does not create any rights or benefits,
enforceable at law or equity, against the United States, its departments,
its agencies, or other entities, its officers or employees, or any other person.
W
THE WHITE HOUSE,
February 13, 2002.
[FR Doc. 02–4071
Filed 2–15–02; 8:45 am]
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| President's Interagency Task Force To Monitor and Combat Trafficking in Persons | 2002-02-13T00:00:00 | 04d54ebd60cd6e26c50db752d7291418a023867dba94c75eafd738874242df0f |
Presidential Executive Order | 01-2140 (13194) | Presidential Documents
7389
Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / Presidential Documents
Executive Order 13194 of January 18, 2001
Prohibiting the Importation of Rough Diamonds From Sierra
Leone
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), and section 301
of title 3, United States Code, and in view of United Nations Security
Council Resolution 1306 of July 5, 2000,
I, WILLIAM J. CLINTON, President of the United States of America, take
note that the people of Sierra Leone have suffered the ravages of a brutal
civil war for nearly 10 years, and that the United Nations Security Council
has determined that the situation in Sierra Leone constitutes a threat to
international peace and security in the region and also has expressed con-
cerns regarding the role played by the illicit trade in diamonds in fueling
the conflict in Sierra Leone. Sierra Leone’s insurgent Revolutionary United
Front’s (RUF’s) illicit trade in diamonds from Sierra Leone to fund its
operations and procurement of weapons, the RUF’s flagrant violation of
the Lome Peace Agreement of July 7, 1999, and its attacks on personnel
of the United Nations Mission in Sierra Leone are direct challenges to
the United States foreign policy objectives in the region as well as a direct
challenge to the rule-based international order which is crucial to the peace
and prosperity of the United States. Therefore, I find these actions constitute
an unusual and extraordinary threat to the foreign policy of the United
States and hereby declare a national emergency to deal with that threat.
In order to implement United Nations Security Council Resolution 1306
and to ensure that the direct or indirect importation into the United States
of rough diamonds from Sierra Leone will not contribute financial support
to aggressive actions by the RUF or to the RUF’s procurement of weapons,
while at the same time seeking to avoid undermining the legitimate diamond
trade or diminishing confidence in the integrity of the legitimate diamond
industry, I hereby order:
Section 1. Except to the extent provided in section 2 of this order and
to the extent provided in regulations, orders, directives, or licenses issued
pursuant to this order, and notwithstanding the existence of any rights
or obligations conferred or imposed by any international agreement or any
contract entered into or any license or permit granted prior to the effective
date of this order, the direct or indirect importation into the United States
of all rough diamonds from Sierra Leone on or after the effective date
of this order is prohibited.
Sec. 2. The prohibition in section 1 of this order shall not apply to the
importation of rough diamonds controlled through the Certificate of Origin
regime of the Government of Sierra Leone.
Sec. 3. Any transaction by a United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order is
prohibited.
Sec. 4. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
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(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, 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 ‘‘rough diamond’’ means all unworked diamonds classifiable
in heading 7102 of the Harmonized Tariff Schedule of the United States;
and
(e) the term ‘‘controlled through the Certificate of Origin regime of the
Government of Sierra Leone’’ means accompanied by a Certificate of Origin
or other documentation that demonstrates to the satisfaction of the United
States Customs Service (or analogous officials of a United States territory
or possession with its own customs administration) that the rough diamonds
were legally exported from Sierra Leone with the approval of the Government
of Sierra Leone.
Sec. 5. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and UNPA, as may be necessary to carry out the purposes of
this order. The Secretary of the Treasury may redelegate any of these func-
tions 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 authority to carry out the provisions of
this order.
Sec. 6. This order is not intended to create, nor does it create, any right,
benefit, or privilege, substantive or procedural, enforceable at law by a
party against the United States, its agencies, officers, or any other person.
Sec. 7. This order is effective at 12:01 a.m. eastern standard time on January
19, 2001.
œ–
THE WHITE HOUSE,
January 18, 2001.
[FR Doc. 01–2140
Filed 1–22–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-2138 (13192) | Presidential Documents
7379
Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / Presidential Documents
Executive Order 13192 of January 17, 2001
Lifting and Modifying Measures With Respect to the Federal
Republic of Yugoslavia (Serbia and Montenegro)
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 l945, as amended (22 U.S.C. 287c) (UNPA), and section 301
of title 3, United States Code, and in view of United Nations Security
Council Resolution 827 of May 25, 1993 (UNSCR 827), and subsequent
resolutions,
I, WILLIAM J. CLINTON, President of the United States of America, found
in Executive Order 13088 of June 9, 1998, that the actions and policies
of the Governments of the Federal Republic of Yugoslavia (Serbia and Monte-
negro) (the ‘‘FRY (S&M)’’) and the Republic of Serbia with respect to Kosovo,
by promoting ethnic conflict and human suffering, threatened to destabilize
countries of the region and to disrupt progress in Bosnia and Herzegovina
in implementing the Dayton peace agreement, and therefore constituted an
unusual and extraordinary threat to the national security and foreign policy
of the United States. I declared a national emergency to deal with that
threat and ordered that economic sanctions be imposed with respect to
those governments. I issued Executive Order 13121 of April 30, 1999, in
response to the continuing human rights and humanitarian crises in Kosovo.
That order revised and substantially expanded the sanctions imposed pursu-
ant to Executive Order 13088.
In view of the peaceful democratic transition begun by President Vojislav
Kostunica and other newly elected leaders in the FRY (S&M), the promulga-
tion of UNSCR 827 and subsequent resolutions calling for all states to
cooperate fully with the International Criminal Tribunal for the former Yugo-
slavia, the illegitimate control over FRY (S&M) political institutions and
economic resources or enterprises exercised by former President Slobodan
Milosevic, his close associates and other persons, and those individuals’
capacity to repress democracy or perpetrate or promote further human rights
abuses, and in order to take steps to counter the continuing threat to regional
stability and implementation of the Dayton peace agreement and to address
the national emergency described and declared in Executive Order 13088,
I hereby order:
Section 1. Amendments to Executive Order 13088. (a) Section 1 of Executive
Order 13088 of June 9, 1998, as revised by section 1(a) of Executive Order
13121 of April 30, l999, is revised to read as follows:
‘‘Section 1. (a) Except to the extent provided in section 203(b) of IEEPA
(50 U.5.C. 1702(b)), and in regulations, orders, directives, or licenses that
may hereafter be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to the effective
date, I hereby order blocked all property and interests in property that
are or hereafter come within the United States or that are or hereafter
come within the possession or control of United States persons, of:
(i) any person 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:
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(A) to be under open indictment by the International Criminal Tribunal
for the former Yugoslavia, subject to applicable laws and procedures;
(B) to have sought, or to be seeking, through repressive measures or otherwise,
to maintain or reestablish illegitimate control over the political processes
or institutions or the economic resources
or enterprises of the Federal Republic of Yugoslavia, the Republic of Serbia,
the Republic of Montenegro, or the territory of Kosovo;
(C) to have provided material support or resources to any person designated
in or pursuant to section 1(a) of this order; or
(D) to be owned or controlled by or acting or purporting to act directly
or indirectly for or on behalf of any person designated in or pursuant
to section 1(a) of this order.
(b) All property and interests in property blocked pursuant to this order
prior to 12:01 a.m., eastern standard time, on January 19, 2001, shall remain
blocked except as otherwise authorized by the Secretary of the Treasury.’’
(b) Section 2 of Executive Order 13088, as replaced by section 1(b) of
Executive Order 13121, is revoked and a new section 2 is added to read
as follows:
‘‘Sec. 2. Further, except to the extent provided in section 203(b) of IEEPA
(50 U.S.C. 1702(b)), and in regulations, orders, directives, or licenses that
may hereafter be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to the effective
date, I hereby prohibit any transaction or dealing by a United States person
or within the United States in property or interests in property of any
person designated in or pursuant to section 1(a) of this order.’’
(c) Section 3 of Executive Order 13088 is revoked.
(d) Section 4 of Executive Order 13088, as revised by section 1(c) of
Executive Order 13121, is renumbered and revised to read as follows:
‘‘Sec. 3. Any transaction by a United States person that evades or avoids,
or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order is
prohibited. Any conspiracy formed to violate the prohibitions of this order
is prohibited.’’
(e) Section 5 of Executive Order 13088 is renumbered and revised to
read as follows:
‘‘Sec. 4. For the purposes of this order:
(a) The term ‘‘person’’ means an individual or entity;
(b) The term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation 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.’’
(f) Section 6 of Executive Order 13088 is renumbered and revised to
read as follows:
‘‘Sec. 5. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to me by IEEPA
and 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.’’
(g) A new section 6 is added to Executive Order 13088 to read as follows:
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‘‘Sec. 6. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to remove any person from the Annex to
this order as circumstances warrant.’’
(h) Section 7 of Executive Order 13088, as revised by section 1(d) of
Executive Order 13121, is revoked.
Sec. 2. Preservation of Authorities. Nothing in this order is intended to
affect the continued effectiveness of any rules, regulations, orders, licenses,
or other forms of administrative action issued, taken, or continued in effect
heretofore or hereafter under Executive Order 13088, Executive Order 13121,
or the authority of IEEPA or UNPA, except as hereafter terminated, modified,
or suspended by the issuing Federal agency.
Sec. 3. No Rights or Privileges Conferred. This order is not intended to
create, nor does it create, any right, benefit, or privilege, substantive or
procedural, enforceable at law by a party against the United States, its
agencies, officers, or any other person.
Sec. 4. (a) Effective Date. This order is effective at 12:01 a.m. eastern standard
time on January 19, 2001.
(b) Transmittal; Publication. This order shall be transmitted to the Congress
and published in the Federal Register.
œ–
THE WHITE HOUSE,
January 17, 2001.
Billing code 3195–01–P
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[FR Doc. 01–2138
Filed 1–22–01; 8:45 am]
Billing code 3195–01–C
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| Lifting and Modifying Measures With Respect to the Federal Republic of Yugoslavia (Serbia and Montenegro) | 2001-01-17T00:00:00 | c558ebe59db5f684b9f5fb64a021f97eccb743be09d58231873b4e838917da40 |
Presidential Executive Order | 01-2214 (13196) | Presidential Documents
7395
Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / Presidential Documents
Executive Order 13196 of January 18, 2001
Final Northwestern Hawaiian Islands Coral Reef Ecosystem
Reserve
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the National Marine Sanc-
tuaries Act, (16 U.S.C. 1431 et seq.), and the National Marine Sanctuaries
Amendments Act of 2000, Public Law 106–513, and in furtherance of the
purposes of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries
Act (33 U.S.C. 1401 et seq.), Coastal Zone Management Act (16 U.S.C.
1451 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine
Mammal Protection Act (16 U.S.C. 1362 et seq.), Clean Water Act (33 U.S.C.
1251 et seq.), National Historic Preservation Act (16 U.S.C. 470 et seq.),
National Wildlife Refuge System Administration Act (16 U.S.C. 668dd–e.e.),
and other pertinent statutes, it is ordered as follows:
Sec. 1. Preamble. On December 4, 2000, I issued Executive Order 13178
establishing the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve
(Reserve) pursuant to my authority under the National Marine Sanctuaries
Act, as amended by the National Marine Sanctuary Amendments Act of
2000 (Act). In establishing the Reserve, I set forth a number of conservation
measures and created specific Reserve Preservation Areas to protect the
coral reef ecosystem and related marine resources and species (resources)
of the Reserve. The Act provides that no closure areas can become permanent
without adequate notice and comment. Accordingly, I proposed to make
permanent the Reserve Preservation Areas and initiated a 30-day comment
period on this proposal. I also sought comment on the conservation measures
for the Reserve. On my behalf, the Secretary of Commerce received the
public comments and held seven public hearings,including six throughout
Hawaii. After considering the comments expressed at the hearings and re-
ceived in writing, I have determined to make permanent the Reserve Preserva-
tion Areas with certain modifications set forth below. Further, I have modi-
fied certain conservation measures to address concerns raised, particularly
regarding commercial and recreational fishing within the Reserve. With this
action, the establishment of the Reserve under the Act, including the con-
servation measures and permanent Reserve Preservation Areas, is complete.
The Secretary of Commerce will manage the Reserve pursuant to Executive
Order 13178, as modified by this order, under the Act. The Secretary shall
also initiate the process to designate the Reserve as a National Marine
Sanctuary, as required by the Act.
Sec. 2. Purpose. The purpose of this order is to amend Executive Order
13178, and to make permanent Reserve Preservation Areas, as modified
below, to ensure the comprehensive, strong, and lasting protection of the
resources of the Northwestern Hawaiian Islands.
Sec. 3. Amendments to Sections 7 of Executive Order 13178.
1. Section 7(a)(1) of Executive Order 13178 is hereby amended by revising
the first sentence to read as follows:
‘‘Commercial Fishing. All currently existing commercial Federal fishing per-
mits and current levels of fishing effort and take, which also includes
the non-permitted level of trolling for pelagic species by currently permitted
bottom fishers, as determined by the Secretary and pursuant to regulations
in effect on December 4, 2000, shall be capped as follows:’’
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2. Section 7(a)(1)(C) of Executive Order 13178 is hereby revised to read
as follows:
‘‘(C) The annual level of aggregate take under all permits of any particular
type of fishing may not exceed the aggregate level of take under all permits
of that type of fishing as follows:
(1) Bottomfishing—the annual aggregate level for each permitted bottomfisher
shall be that permittee’s individual average taken over the 5 years preceding
December 4, 2000, as determined by the Secretary, provided that the Sec-
retary, in furtherance of the principles of the reserve, may make a one-
time reasonable increase to the total aggregate to allow for the use of two
Native Hawaiian bottomfishing permits;
(2) All other commercial fishing—the annual aggregate level shall be the
permittee’s individual take in the year preceding December 4, 2000, as
determined by the Secretary.’’
3. A new section 7(a)(1)(F) is hereby added to Executive Order 13178 and
reads as follows:
‘‘(F) Trolling for pelagic species shall be capped based on reported landings
for the year preceding December 4, 2000.’’
4. Section 7(b)(4) is revised to read as follows:
‘‘(4) Discharging or depositing any material or other matter into the Reserve,
or discharging or depositing any material or other matter outside the Reserve
that subsequently enters the Reserve and injures any resource of the Reserve,
except:
(A) fish parts (i.e., chumming materia or bait) used in and during fishing
operations authorized under this order;
(B) biodegradable effluent incident to vessel use and generated by a marine
sanitation device in accordance with section 312 of the Federal Water Pollu-
tion Control Act, as amended;
(C) water generated by routine vessel operations (e.g., deck wash down
and graywater as defined in section 312 of the Federal Water Pollution
Control Act), excluding oily wastes from bilge pumping; or
(D) cooling water from vessels or engine exhaust; and’’.
Sec. 4. Amendments to Sections 8 of Executive Order 13178.
1. Section 8 of Executive Order 13178 is modified by substituting ‘‘provided
that commercial bottomfishing and commercial and recreational trolling for
pelagic species in accordance with the requirements of sections 7(a)(1) and
7(a)(2) of this order, respectively,’’ for ‘‘provided that bottomfishing in accord-
ance with the requirements of section 7(a)(1)’’ everywhere the latter phrase
appears in section 8.
2. Section 8(a)(1)(A) is modified by substituting ‘‘a mean depth of 25 fm’’
for ‘‘a mean depth of 10fm.’’
3. Section 8(a)(1)(B) is modified by substituting ‘‘a mean depth of 25 fm’’
for ‘‘a mean depth of 20fm.’’
4. Section 8(a)(1)(D) is modified by substituting ‘‘a mean depth of 25 fm’’
for ‘‘a mean depth of 10fm.’’
5. Section 8(a)(1)(E) is modified by substituting ‘‘a mean depth of 25 fm’’
for ‘‘a mean depth of 20fm.’’
6. Section 8(a)(1)(G) is modified by substituting ‘‘a mean depth of 25 fm’’
for ‘‘a mean depth of 50fm.’’
7. Section 8(a)(1)(I) is revised to read ‘‘Kure Atoll.’’
8. Sections 8(a)(2)(D) and (E) are hereby deleted and a new section 8(a)(3)
is hereby substituted as follows:
‘‘(3) Twelve nautical miles around the approximate geographical centers
of
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(A) The first bank west of St. Rogation Bank, east of Gardner Pinnacles,
provided that commercial bottomfishing and commercial and recreational
trolling for pelagic species in accordance with the requirements of sections
7(a)(1) and 7(a)(2) of this order, shall be allowed to continue for a period
of 5 years from the date of this order; and
(B) Raita Bank, provided that commercial bottomfishing and commercial
and recreational trolling for pelagic species in accordance with the require-
ments of sections 7(a)(1) and 7(a)(2) of this order, shall be allowed to
continue for a period of 5 years from the date of this order; and
(C) Provided that both banks described above in (3)(A) and (3)(B) shall
only continue to allow commercial bottomfishing and commercial and rec-
reational trolling for pelagic species after the 5-year time period if it is
determined that continuation of such activities will have no adverse impact
on the resources of these banks.’’
Sec. 5. Reserve Preservation Areas. The Reserve Preservation Areas, as modi-
fied in sections 3 and 4 of this order, are hereby made permanent in
accordance with the Act.
Sec. 6. Judicial Review. This order does not create any right or benefit,
substantive or procedural, enforceable in law or equity by a party against
the United States, its agencies, its officers, or any person.
œ–
THE WHITE HOUSE,
January 18, 2001.
[FR Doc. 01–2214
Filed 1–22–01; 8:45 am]
Billing code 3195–01–P
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| Final Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve | 2001-01-18T00:00:00 | 58106b8689d02300178a27d5e2a4acfc20a71a44fd64874db3aa302e94139a4d |
Presidential Executive Order | 01-2141 (13195) | Presidential Documents
7391
Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / Presidential Documents
Executive Order 13195 of January 18, 2001
Trails for America in the 21st Century
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in furtherance of purposes of
the National Trails System Act of 1968, as amended (16 U.S.C. 1241–1251),
the Transportation Equity Act for the 21st Century (Public Law 105–178),
and other pertinent statutes, and to achieve the common goal of better
establishing and operating America’s national system of trails, it is hereby
ordered as follows:
Section 1. Federal Agency Duties. Federal agencies will, to the extent per-
mitted by law and where practicable—and in cooperation with Tribes, States,
local governments, and interested citizen groups—protect, connect, promote,
and assist trails of all types throughout the United States. This will be
accomplished by:
(a) Providing trail opportunities of all types, with minimum adverse im-
pacts and maximum benefits for natural, cultural, and community resources;
(b) Protecting the trail corridors associated with national scenic trails
and the high priority potential sites and segments of national historic trails
to the degrees necessary to ensure that the values for which each trail
was established remain intact;
(c) Coordinating maps and data for the components of the national trails
system and Millennium Trails network to ensure that these trails are con-
nected into a national system and that they benefit from appropriate national
programs;
(d) Promoting and registering National Recreation Trails, as authorized
in the National Trails System Act, by incorporating where possible the
commitments and partners active with Millennium Trails;
(e) Participating in a National Trails Day the first Saturday of June each
year, coordinating Federal events with the National Trails Day’s sponsoring
organization, the American Hiking Society;
(f) Familiarizing Federal agencies that are active in tourism and travel
with the components of a national system of trails and the Millennium
Trails network and including information about them in Federal promotional
and outreach programs;
(g) Fostering volunteer programs and opportunities to engage volunteers
in all aspects of trail planning, development, maintenance, management,
and education as outlined in 16 U.S.C. 1250;
(h) Encouraging participation of qualified youth conservation or service
corps, as outlined in 41 U.S.C. 12572 and 42 U.S.C. 12656, to perform
construction and maintenance of trails and trail-related projects, as encour-
aged in sections 1108(g) and 1112(e) of the Transportation Equity Act for
the 21st Century, and also in trail planning protection, operations, and
education;
(i) Promoting trails for safe transportation and recreation within commu-
nities;
(j) Providing and promoting a wide variety of trail opportunities and
experiences for people of all ages and abilities;
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(k) Providing historical interpretation of trails and trail sites and enhancing
cultural and heritage tourism through special events, artworks, and programs;
and
(l) Providing training and information services to provide high-quality
information and training opportunities to Federal employees, Tribal, State,
and local government agencies, and the other trail partners.
Sec. 2. The Federal Interagency Council on Trails. The Federal Interagency
Council on Trails (Council), first established by agreement between the
Secretaries of Agriculture and the Interior in 1969, is hereby recognized
as a long-standing interagency working group. Its core members represent
the Department of the Interior’s Bureau of Land of Management and National
Park Service, the Department of Agriculture’s Forest Service, and the Depart-
ment of Transportation’s Federal Highway Administration. Other Federal
agencies, such as those representing cultural and heritage interests, are wel-
come to join this council. Leadership of the Council may rotate among
its members as decided among themselves at the start of each fiscal year.
The Council’s mission is to coordinate information and program decisions,
as well as policy recommendations, among all appropriate Federal agencies
(in consultation with appropriate nonprofit organizations) to foster the devel-
opment of America’s trails through the following means:
(a) Enhancing federally designated trails of all types (e.g., scenic, historic,
recreation, and Millennium) and working to integrate these trails into a
fully connected national system;
(b) Coordinating mapping, signs and markers, historical and cultural inter-
pretations, public information, training, and developing plans and rec-
ommendations for a national trails registry and database;
(c) Ensuring that trail issues are integrated in Federal agency programs
and that technology transfer and education programs are coordinated at
the national level; and
(d) Developing a memorandum of understanding among the agencies to
encourage long-term interagency coordination and cooperation to further
the spirit and intent of the National Trails System Act and related programs.
Sec. 3. Issue Resolution and Handbook for Federal Administrators of the
National Trails System. Federal agencies shall together develop a process
for resolving interagency issues concerning trails. In addition, reflecting
the authorities of the National Trails System Act, participating agencies
shall coordinate preparation of (and updates for) an operating handbook
for Federal administrators of the National Trails System and others involved
in creating a national system of trails. The handbook shall reflect each
agencies’ governing policies and provide guidance to each agencies’ field
staff and partners about the roles and responsibilities needed to make each
trail in the national system fully operational.
Sec. 4. Observance of Existing Laws. Nothing in this Executive Order shall
be construed to override existing laws, including those that protect the
lands, waters, wildlife habitats, wilderness areas, and cultural values of
this Nation.
Sec. 5. Judicial Review. This order is intended only to improve the internal
management of the executive branch. It does not create any right or benefit,
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substantive or procedural, enforceable in law or equity by any party against
the United States, its agencies, its officers or employees, or any other person.
œ–
THE WHITE HOUSE,
January 18, 2001.
[FR Doc. 01–2141
Filed 1–22–01; 8:45 am]
Billing code 3195–01–P
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| Trails for America in the 21st Century | 2001-01-18T00:00:00 | a7e6208c32b54341984c63c92fac62c32225b4dc5d72a7d2ba6c96c57ebde93c |
Presidential Executive Order | 01-1814 (13190) | Presidential Documents
5424
Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Presidential Documents
Executive Order 13190 of Janaury 15, 2001
President’s Commission on Educational Resource Equity
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows:
Section 1. Policy. A quality education is essential to the success of every
child in the 21st century and to the continued strength and prosperity
of our Nation. Our Nation has embraced the goal of promoting high edu-
cational standards for all children and increasing accountability in education.
Although we know it is crucial that all children have access to the educational
resources and opportunity necessary to achieve high standards, long-standing
gaps in access to educational resources exist, including disparities based
on race and ethnicity. These gaps limit the ability of individuals, as well
as our Nation, to reach their full potential. Therefore, it is the policy of
this Administration that our Nation undertake appropriate steps to under-
stand fully the current status of resource equity in education and to identify
and implement strategies at the local, State, and national levels that will
ensure that all students have a full and equal opportunity to succeed.
Sec. 2. Establishment. To carry out this policy, there is established the
‘‘President’s Commission on Educational Resource Equity’’ (Commission).
The Commission shall be composed of not more than 13 members appointed
by the President from the public and private sectors. The members may
include current and former Federal, State, and local government officials,
corporate and foundation leaders, recognized education and civil rights ex-
perts, educational practitioners, and others with experience and expertise
in educational resource equity. The President shall designate from among
the Commission members such official or officials to be chairperson or
chairpersons, as he shall deem appropriate.
Sec. 3. Duties and Commission Report. (a) The Commission shall collect
and review information about the current status of gaps in the availability
of educational resources, including the underlying causes and effects of
such resource gaps. The Commission shall, as appropriate, invite experts
and communities to provide information and guidance in furtherance of
their duties.
(b) Not later than August 31, 2001, the Commission shall prepare and
submit a report for the President and the Congress on the issue of resource
equity in education. The report shall include, but not be limited to:
(i) An analysis of the status of resource equity in education with regard
to such factors as finances, staff, facilities, instructional programs, and
support services, taking into account, as appropriate, differences in costs
and needs for different students and communities;
(ii) An analysis of how resource gaps in education affect the success
of individuals and our Nation;
(iii) An examination of the effectiveness of targeted Federal resources
toward disadvantaged students and low-income schools as compared with
the provision of State and local resources toward disadvantaged students
and low-income schools;
(iv) A summary of best practices with regard to overcoming gaps in the
availability of educational resources; and
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Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Presidential Documents
(v) Short- and long-term recommendations for educational policy makers,
including local, State, and Federal officials, to achieve resource equity
in education.
Sec. 4. Administration, Compensation, and Termination. (a) The Department
of Education shall, to the extent permitted by law, provide administrative
support and funding for the Commission.
(b) Members of the Commission shall serve without compensation, but
while engaged in the work of the Commission, members appointed from
among private citizens of the United States shall be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law for persons
serving intermittently in the Government service (5 U.S.C. 5701-5707) to
the extent funds are available for such purposes.
(c) The functions of the President under the Federal Advisory Committee
Act, as amended, except that of reporting to the Congress, that are applicable
to the Commission, shall be performed by the Department of Education
in accordance with the guidelines that have been issued by the Administrator
of General Services.
(d) The chairperson (or chairpersons) may from time to time prescribe
such rules, procedures, and policies relating to the activities of the Commis-
sion as are not inconsistent with law or with the provisions of this order.
(e) The Commission shall terminate 30 days after submitting its final
report, unless extended by the President.
œ–
THE WHITE HOUSE,
January 15, 2001.
[FR Doc. 01–1814
Filed 1–18–01; 8:45 am]
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Presidential Executive Order | 01-2014 (13191) | Presidential Documents
7271
Federal Register
Vol. 66, No. 14
Monday, January 22, 2001
Title 3—
The President
Executive Order 13191 of Janaury 17, 2001
Implementation of the African Growth and Opportunity Act
and the United States-Caribbean Basin Trade Partnership Act
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the African Growth and
Opportunity Act (Title I of Public Law 106–200) (AGOA), the United States-
Caribbean Basin Trade Partnership Act (Title II of Public Law 106–200)
(CBTPA), the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.), and section 301 of title 3, United States Code, and in order to expand
international trade and enhance our economic partnership with sub-Saharan
Africa and the Caribbean Basin, promote investment and economic develop-
ment and reduce poverty in those regions, and create new economic opportu-
nities for American workers and businesses, it is hereby ordered as follows:
Part I—Implementation of the AGOA
Section 1. Apparel Articles Assembled from Fabrics or Yarn Not Available
in Commercial Quantities. The Committee for the Implementation of Textile
Agreements (the ‘‘Committee’’) is authorized to exercise the authority vested
in the President under section 112(b)(5)(B)(i) of the AGOA (19 U.S.C.
3721(b)(5)(B)(i)) to determine whether yarns or fabrics cannot be supplied
by the domestic industry in commercial quantities in a timely manner.
The Committee shall establish procedures to ensure appropriate public par-
ticipation in any such determination. The Committee and the United States
Trade Representative (USTR) are jointly authorized to exercise the authority
vested in the President under sections 112(b)(5)(B)(ii), (iii), and (v) of the
AGOA (19 U.S.C. 3721(b)(5)(B)(ii), (iii), and (v)) to obtain advice from the
appropriate advisory committee, to submit a report to the appropriate Con-
gressional committees, and to consult with those Congressional committees.
The USTR is authorized to exercise the authority vested in the President
under section 112(b)(5)(B)(ii) of the AGOA to obtain advice from the U.S.
International Trade Commission (USITC).
Sec. 2. Handloomed, Handmade, and Folklore Articles. The Committee,
after consultation with the Commissioner, United States Customs Service
(Commissioner), is authorized to exercise the authority vested in the President
under section 112(b)(6) of the AGOA (19 U.S.C. 3721(b)(6)) to consult with
beneficiary sub-Saharan African countries and to determine which, if any,
particular textile and apparel goods shall be treated as being handloomed,
handmade, or folklore articles. The Commissioner shall take such actions
to carry out any such determination as directed by the Committee.
Sec. 3. Certain Interlinings. The Committee is authorized to exercise the
authority vested in the President under section 112(d)(1)(B)(iii) of the AGOA
(19 U.S.C. 3721(d)(1)(B)(iii)) to determine whether U.S. manufacturers are
producing interlinings in the United States in commercial quantities. The
Committee shall establish procedures to ensure appropriate public participa-
tion in any such determination. The determination or determinations of
the Committee under this section shall be set forth in a notice or notices
that the Committee shall cause to be published in the Federal Register.
The Commissioner shall take such actions to carry out any such determina-
tion as directed by the Committee.
Sec. 4. Penalties for Transshipments. The Committee, after consultation with
the Commissioner, is authorized to exercise the authority vested in the
President under section 113(b)(3) of the AGOA (19 U.S.C. 3722(b)(3)) to
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determine, based on sufficient evidence, whether an exporter has engaged
in transshipment and to deny for a period of 5 years all benefits under
section 112 of the AGOA (19 U.S.C. 3721) to any such exporter, any successor
of such exporter, and any other entity owned or operated by the principal
of such exporter. The determination or determinations of the Committee
under this section shall be set forth in a notice or notices that the Committee
shall cause to be published in the Federal Register. The Commissioner
shall take such actions to carry out any such determination as directed
by the Committee.
Sec. 5. Effective Visa Systems. Pursuant to sections 112(a) and 113(a)(1)
of the AGOA (19 U.S.C. 3721(a) and 3722(a)(1)), the USTR is authorized
to direct the Commissioner to take such actions as may be necessary to
ensure that textile and apparel articles described in section 112(b) of the
AGOA (19 U.S.C. 3721(b)) that are entered, or withdrawn from warehouse,
for consumption are accompanied by an appropriate export visa, if the
preferential treatment described in section 112(a) of the AGOA is claimed
with respect to such articles.
Part II—Implementation of the CBTPA
Sec. 6. Apparel Articles Assembled from Fabrics or Yarn Not Available
in Commercial Quantities. The Committee is authorized to exercise the
authority vested in the President under section 213(b)(2)(A)(v)(II)(aa) of the
CBERA (19 U.S.C. 2703(b)(2)(A)(v)(II)(aa)), as added by section 211(a) of
the CBTPA, to determine whether yarns or fabrics cannot be supplied by
the domestic industry in commercial quantities in a timely manner. The
Committee shall establish procedures to ensure appropriate public participa-
tion in any such determination. The Committee and the USTR are jointly
authorized to exercise the authority vested in the President under sections
213(b)(2)(A)(v)(II)(bb),
(cc),
and
(ee)
of
the
CBERA
(19
U.S.C.
2703(b)(2)(A)(v)(II)(bb), (cc), and (ee)), as added by section 211(a) of the
CBTPA, to obtain advice from the appropriate advisory committee, to submit
a report to the appropriate Congressional committees, and to consult with
those Congressional committees. The USTR is authorized to exercise the
authority vested in the President under section 213(b)(2)(A)(v)(II)(bb) of the
CBERA to obtain advice from the USITC.
Sec. 7. Certain Interlinings. The Committee is authorized to exercise the
authority vested in the President under section 213(b)(2)(A)(vii)(II)(cc) of
the CBERA (19 U.S.C. 2703(b)(2)(A)(vii)(II)(cc)), as added by section 211(a)
of the CBTPA, to determine whether U.S. manufacturers are producing inter-
linings in the United States in commercial quantities. The Committee shall
establish procedures to ensure appropriate public participation in any such
determination. The determination or determinations of the Committee under
this section shall be set forth in a notice or notices that the Committee
shall cause to be published in the Federal Register. The Commissioner
shall take such actions to carry out any such determination as directed
by the Committee.
Sec. 8. Handloomed, Handmade, and Folklore Articles. The Committee,
after consultation with the Commissioner, is authorized to exercise the au-
thority vested in the President under section 213(b)(2)(C) of the CBERA
(19 U.S.C. 2703(b)(2)(C)), as added by section 211(a) of the CBTPA, to
consult with representatives of CBTPA beneficiary countries for the purpose
of identifying particular textile and apparel goods that are mutually agreed
upon as being handloomed, hand made, or folklore goods within the meaning
of that section. The Commissioner shall take such actions to carry out
any such determination as directed by the Committee.
Sec. 9. Penalties for Transshipments. The Committee, after consultation with
the Commissioner, is authorized to exercise the authority vested in the
President under section 213(b)(2)(D) of the CBERA (19 U.S.C. 2703(b)(2)(D)),
as added by section 211(a) of the CBTPA, to determine, based on sufficient
evidence, whether an exporter has engaged in transshipment and, if trans-
shipment has occurred, to deny all benefits under the CBTPA to any such
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exporter, and any successor of such exporter, for a period of 2 years; to
request that any CBTPA beneficiary country through whose territory trans-
shipment has occurred take all necessary and appropriate actions to prevent
such transshipment; and to impose the penalty provided in section
213(b)(2)(D)(ii) of the CBERA on a CBTPA beneficiary country if the Com-
mittee determines that such country is not taking such actions. The deter-
mination or determinations of the Committee under this section shall be
set forth in a notice or notices that the Committee shall cause to be published
in the Federal Register. The Commissioner shall take such actions to carry
out any such determination as directed by the Committee.
Sec. 10. Bilateral Emergency Tariff Actions. The Committee is authorized
to exercise the authority vested in the President under section 213(b)(2)(E)
of the CBERA (19 U.S.C. 2703(b)(2)(E)), as added by section 211(a) of the
CBTPA, to take bilateral emergency tariff actions, if the Committee determines
that the conditions provided in section 213(b)(2)(E) of the CBERA are satis-
fied. The Committee shall establish procedures to ensure appropriate public
participation in any such determination. The determination or determinations
of the Committee under this section shall be set forth in a notice or notices
that the Committee shall cause to be published in the Federal Register.
The Commissioner shall take such actions to carry out any such bilateral
emergency tariff action as directed by the Committee.
Part III—General Provisions
Sec. 11. Judicial Review. This order does not create any right or benefit,
substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies, its officers, or any person.
œ–
THE WHITE HOUSE,
January 17, 2001.
[FR Doc. 01–2014
Filed 1–19–01; 8:45 am]
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Presidential Executive Order | 01-1736 (13188) | Presidential Documents
5419
Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Presidential Documents
Executive Order 13188 of January 12, 2001
Amendment to Executive Order 13111, Extension of the
Advisory Committee on Expanding Training Opportunities
By the authority vested in me as President by the Constitution and the
laws of the United States, including the Federal Advisory Committee Act,
as amended (5 U.S.C. App.), and in order to extend the Advisory Committee
on Expanding Training Opportunities for 2 years, it is hereby ordered that
section 7(f) of Executive Order 13111 of January 12, 1999, is amended
by deleting ‘‘2 years from the date of this order’’ and inserting ‘‘on January
11, 2003’’ in lieu thereof.
œ–
THE WHITE HOUSE,
January 12, 2001.
[FR Doc. 01–1736
Filed 1–17–01; 8:45 am]
Billing code 3195–01–P
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| Amendment to Executive Order 13111, Extension of the Advisory Committee on Expanding Training Opportunities | 2001-01-12T00:00:00 | 6f910ffa95085029738df5fd63457d27761c21c1f7bff53c22bf990cd72dbfe0 |
Presidential Executive Order | 01-1813 (13189) | Presidential Documents
5421
Federal Register
Vol. 66, No. 13
Friday, January 19, 2001
Title 3—
The President
Executive Order 13189 of January 15, 2001
Federal Interagency Task Force on the District of Columbia
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to further the revitalization
of, and to improve prospects for the success of ‘‘home rule’’ in the District
of Columbia, the Nation’s Capital, it is hereby ordered as follows:
Section 1. Background and Policy. The District of Columbia is the Nation’s
Capital, and the Federal Government is the largest employer, landholder,
and purchaser in the region. The Executive Office of the President has
established and maintained an interest in fostering the Federal relationship
with the District of Columbia since 1963. This Administration has long
sought to strengthen the relationship between the Federal Government and
the District of Columbia by initiating a historic restructuring of this relation-
ship. At the request of the President, in 1995, the Federal D.C. Interagency
Task Force, chaired by the Director of the Office of Management and Budget,
and directed by the Special Advisor to the President and Executive Director
of the Federal D.C. Interagency Task Force, was created to revitalize the
District of Columbia and improve prospects for ‘‘home rule’’ to succeed
in the Nation’s Capital. The Federal D.C. Interagency Task Force Office
has worked with Federal agencies, the Congress, and local officials to promote
long-term financial stability, economic growth, and opportunity for self-
government for the District of Columbia. In 1997, the President signed into
law the National Capital Revitalization and Self-Government Improvement
Act of 1997, under which the Federal Government undertook certain respon-
sibilities and governmental functions befitting a State or county government.
Also in 1997, the President signed into law tax incentives designed to
spur economic growth in the District of Columbia.
It is the policy of this Administration, therefore, to build on the momentum
of the accomplishments over the last 5 years by formally establishing the
Federal D.C. Interagency Task Force to further assist the District of Columbia
in achieving financial stability, economic growth, and improvement in man-
agement and service delivery.
Sec. 2. Establishment of the Federal Interagency Task Force on the District
of Columbia.
(a) There is established the ‘‘Federal Interagency Task Force on the District
of Columbia’’ (Task Force).
(b) The Task Force shall be composed of the following members:
(1) The Attorney General;
(2) The Secretary of Housing and Urban Development;
(3) The Secretary of Health and Human Services;
(4) The Secretary of Labor;
(5) The Secretary of Transportation;
(6) The Secretary of the Treasury;
(7) The Administrator of General Services;
(8) The Secretary of Education;
(9) The Secretary of the Interior;
(10) The Administrator of the Environmental Protection Agency;
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(11) The Secretary of Commerce;
(12) The Secretary of Agriculture;
(13) The Director of the Office of Management and Budget;
(14) The Administrator of the Small Business Administration;
(15) The Commissioner of the Social Security;
(16) The Secretary of Energy;
(17) The Director of the Office of Personnel Management; and
(18) Such other members as the Director of the Office of Management
and Budget may provide (including the Director of the Court Services
and Offender Supervision Agency, which office is located in the Depart-
ment of Justice.)
(c) The Task Force shall be chaired by the Director of the Office of
Management and Budget (Director). The Director may appoint an Assistant
Director or other senior official to assist in the management of the Task
Force.
(d) The Office of Management and Budget shall provide administrative
support for the Task Force. To the extent permitted by law, other executive
departments and agencies may provide such staff, resources, and information
as may be required in carrying out the provisions of this order.
(e) The Director shall develop, review, modify, and, as appropriate, imple-
ment program recommendations, in cooperation with the appropriate elected
Federal and local officials and agencies, to promote long-term financial
stability, economic growth, and opportunity for self-government for the Dis-
trict of Columbia.
(f) To the extent permitted by law, the Task Force staff shall communicate
with Federal and local elected officials as early in program planning cycles
as reasonably feasible, to develop and explain specific Federal and local
plans and program actions.
Sec. 3. Purpose. The purpose of the Interagency Task Force will be to
coordinate and better leverage Administration efforts and initiatives for the
District of Columbia in concert with local and regional initiatives to improve
the long-term financial stability of the Nation’s Capital and to improve
self-governance. The Director’s designee shall serve as liaison between the
executive branch and the executive, legislative, and judicial branches of
government of the District of Columbia, as well as the private sector.
Sec. 4. Responsibilities. To the extent permitted by law, the Interagency
Task Force shall:
(a) formulate and recommend interagency compacts and cooperative agree-
ments between Federal agencies and the District of Columbia;
(b) develop, on a continuing basis, a comprehensive and coordinated
plan to establish priorities to promote long-term financial stability, economic
growth, and opportunity for self-government for the District of Columbia;
(c) provide for an understanding by the public of the needs and assets
of the District of Columbia;
(d) support District efforts to encourage economic growth in the District
of Columbia;
(e) serve as the focal point and coordinating unit for Federal programs,
technical assistance, and other support for the District of Columbia; and
(f) provide a forum for consideration of problems within the District
of Columbia and propose and effectuate solutions.
Sec. 5. Assistance to Economically Distressed Areas. Members of the Task
Force, to the extent permitted by law and within existing budgetary resources,
shall provide targeted assistance to economically distressed areas within
the District of Columbia and to projects that require economic development
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assistance. To the extent permitted by law, members of the Task Force
shall also participate in comprehensive neighborhood revitalization initiatives
requiring Federal assistance, including programs organized by the government
of the District of Columbia, and collaborative efforts organized by private
organizations, such as the Anacostia Best Practices initiative.
Sec. 6. Local Accommodation. To the extent permitted by law, the Federal
Interagency Task Force shall make efforts to accommodate the concerns
of local elected officials in proposing Federal technical or other assistance.
Sec. 7. Judicial Review. This order does not create any right or benefit,
substantive or procedural, enforceable by law against the United States,
its officers, its employees, or any other person.
œ–
THE WHITE HOUSE,
January 15, 2001.
[FR Doc. 01–1813
Filed 1–18–01; 8:45 am]
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| Federal Interagency Task Force on the District of Columbia | 2001-01-15T00:00:00 | cbe8a03b8ae8e6ee6a43deae8409e987a532051a691e105b90420d4f46ab5a33 |
Presidential Executive Order | 01-1387 (13186) | Presidential Documents
3853
Federal Register
Vol. 66, No. 11
Wednesday, January 17, 2001
Title 3—
The President
Executive Order 13186 of January 10, 2001
Responsibilities of Federal Agencies To Protect Migratory
Birds
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in furtherance of the purposes
of the migratory bird conventions, the Migratory Bird Treaty Act (16 U.S.C.
703–711), the Bald and Golden Eagle Protection Acts (16 U.S.C. 668–668d),
the Fish and Wildlife Coordination Act (16 U.S.C. 661–666c), the Endangered
Species Act of 1973 (16 U.S.C. 1531–1544), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321–4347), and other pertinent statutes,
it is hereby ordered as follows:
Section 1. Policy. Migratory birds are of great ecological and economic
value to this country and to other countries. They contribute to biological
diversity and bring tremendous enjoyment to millions of Americans who
study, watch, feed, or hunt these birds throughout the United States and
other countries. The United States has recognized the critical importance
of this shared resource by ratifying international, bilateral conventions for
the conservation of migratory birds. Such conventions include the Convention
for the Protection of Migratory Birds with Great Britain on behalf of Canada
1916, the Convention for the Protection of Migratory Birds and Game Mam-
mals-Mexico 1936, the Convention for the Protection of Birds and Their
Environment- Japan 1972, and the Convention for the Conservation of Migra-
tory Birds and Their Environment-Union of Soviet Socialist Republics 1978.
These migratory bird conventions impose substantive obligations on the
United States for the conservation of migratory birds and their habitats,
and through the Migratory Bird Treaty Act (Act), the United States has
implemented these migratory bird conventions with respect to the United
States. This Executive Order directs executive departments and agencies
to take certain actions to further implement the Act.
Sec. 2. Definitions. For purposes of this order:
(a) ‘‘Take’’ means take as defined in 50 C.F.R. 10.12, and includes both
‘‘intentional’’ and ‘‘unintentional’’ take.
(b) ‘‘Intentional take’’ means take that is the purpose of the activity in
question.
(c) ‘‘Unintentional take’’ means take that results from, but is not the
purpose of, the activity in question.
(d) ‘‘Migratory bird’’ means any bird listed in 50 C.F.R. 10.13.
(e) ‘‘Migratory bird resources’’ means migratory birds and the habitats
upon which they depend.
(f) ‘‘Migratory bird convention’’ means, collectively, the bilateral conven-
tions (with Great Britain/Canada, Mexico, Japan, and Russia) for the conserva-
tion of migratory bird resources.
(g) ‘‘Federal agency’’ means an executive department or agency, but does
not include independent establishments as defined by 5 U.S.C. 104.
(h) ‘‘Action’’ means a program, activity, project, official policy (such as
a rule or regulation), or formal plan directly carried out by a Federal agency.
Each Federal agency will further define what the term ‘‘action’’ means
with respect to its own authorities and what programs should be included
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in the agency-specific Memoranda of Understanding required by this order.
Actions delegated to or assumed by nonfederal entities, or carried out by
nonfederal entities with Federal assistance, are not subject to this order.
Such actions, however, continue to be subject to the Migratory Bird Treaty
Act.
(i) ‘‘Species of concern’’ refers to those species listed in the periodic
report ‘‘Migratory Nongame Birds of Management Concern in the United
States,’’ priority migratory bird species as documented by established plans
(such as Bird Conservation Regions in the North American Bird Conservation
Initiative or Partners in Flight physiographic areas), and those species listed
in 50 C.F.R. 17.11.
Sec. 3. Federal Agency Responsibilities. (a) Each Federal agency taking actions
that have, or are likely to have, a measurable negative effect on migratory
bird populations is directed to develop and implement, within 2 years,
a Memorandum of Understanding (MOU) with the Fish and Wildlife Service
(Service) that shall promote the conservation of migratory bird populations.
(b) In coordination with affected Federal agencies, the Service shall develop
a schedule for completion of the MOUs within 180 days of the date of
this order. The schedule shall give priority to completing the MOUs with
agencies having the most substantive impacts on migratory birds.
(c) Each MOU shall establish protocols for implementation of the MOU
and for reporting accomplishments. These protocols may be incorporated
into existing actions; however, the MOU shall recognize that the agency
may not be able to implement some elements of the MOU until such time
as the agency has successfully included them in each agency’s formal plan-
ning processes (such as revision of agency land management plans, land
use compatibility guidelines, integrated resource management plans, and
fishery management plans), including public participation and NEPA anal-
ysis, as appropriate. This order and the MOUs to be developed by the
agencies are intended to be implemented when new actions or renewal
of contracts, permits, delegations, or other third party agreements are initiated
as well as during the initiation of new, or revisions to, land management
plans.
(d) Each MOU shall include an elevation process to resolve any dispute
between the signatory agencies regarding a particular practice or activity.
(e) Pursuant to its MOU, each agency shall, to the extent permitted by
law and subject to the availability of appropriations and within Administra-
tion budgetary limits, and in harmony with agency missions:
(1) support the conservation intent of the migratory bird conventions
by integrating bird conservation principles, measures, and practices into
agency activities and by avoiding or minimizing, to the extent practicable,
adverse impacts on migratory bird resources when conducting agency actions;
(2) restore and enhance the habitat of migratory birds, as practicable;
(3) prevent or abate the pollution or detrimental alteration of the environ-
ment for the benefit of migratory birds, as practicable;
(4) design migratory bird habitat and population conservation principles,
measures, and practices, into agency plans and planning processes (natural
resource, land management, and environmental quality planning, including,
but not limited to, forest and rangeland planning, coastal management plan-
ning, watershed planning, etc.) as practicable, and coordinate with other
agencies and nonfederal partners in planning efforts;
(5) within established authorities and in conjunction with the adoption,
amendment, or revision of agency management plans and guidance, ensure
that agency plans and actions promote programs and recommendations of
comprehensive migratory bird planning efforts such as Partners-in-Flight,
U.S. National Shorebird Plan, North American Waterfowl Management Plan,
North American Colonial Waterbird Plan, and other planning efforts, as
well as guidance from other sources, including the Food and Agricultural
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Organization’s International Plan of Action for Reducing Incidental Catch
of Seabirds in Longline Fisheries;
(6) ensure that environmental analyses of Federal actions required by
the NEPA or other established environmental review processes evaluate
the effects of actions and agency plans on migratory birds, with emphasis
on species of concern;
(7) provide notice to the Service in advance of conducting an action
that is intended to take migratory birds, or annually report to the Service
on the number of individuals of each species of migratory birds intentionally
taken during the conduct of any agency action, including but not limited
to banding or marking, scientific collecting, taxidermy, and depredation
control;
(8) minimize the intentional take of species of concern by: (i) delineating
standards and procedures for such take; and (ii) developing procedures
for the review and evaluation of take actions. With respect to intentional
take, the MOU shall be consistent with the appropriate sections of 50 C.F.R.
parts 10, 21, and 22;
(9) identify where unintentional take reasonably attributable to agency
actions is having, or is likely to have, a measurable negative effect on
migratory bird populations, focusing first on species of concern, priority
habitats, and key risk factors. With respect to those actions so identified,
the agency shall develop and use principles, standards, and practices that
will lessen the amount of unintentional take, developing any such conserva-
tion efforts in cooperation with the Service. These principles, standards,
and practices shall be regularly evaluated and revised to ensure that they
are effective in lessening the detrimental effect of agency actions on migratory
bird populations. The agency also shall inventory and monitor bird habitat
and populations within the agency’s capabilities and authorities to the extent
feasible to facilitate decisions about the need for, and effectiveness of, con-
servation efforts;
(10) within the scope of its statutorily-designated authorities, control the
import, export, and establishment in the wild of live exotic animals and
plants that may be harmful to migratory bird resources;
(11) promote research and information exchange related to the conservation
of migratory bird resources, including coordinated inventorying and moni-
toring and the collection and assessment of information on environmental
contaminants and other physical or biological stressors having potential
relevance to migratory bird conservation. Where such information is collected
in the course of agency actions or supported through Federal financial
assistance, reasonable efforts shall be made to share such information with
the Service, the Biological Resources Division of the U.S. Geological Survey,
and other appropriate repositories of such data (e.g, the Cornell Laboratory
of Ornithology);
(12) provide training and information to appropriate employees on methods
and means of avoiding or minimizing the take of migratory birds and con-
serving and restoring migratory bird habitat;
(13) promote migratory bird conservation in international activities and
with other countries and international partners, in consultation with the
Department of State, as appropriate or relevant to the agency’s authorities;
(14) recognize and promote economic and recreational values of birds,
as appropriate; and
(15) develop partnerships with non-Federal entities to further bird con-
servation.
(f) Notwithstanding the requirement to finalize an MOU within 2 years,
each agency is encouraged to immediately begin implementing the conserva-
tion measures set forth above in subparagraphs (1) through (15) of this
section, as appropriate and practicable.
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(g) Each agency shall advise the public of the availability of its MOU
through a notice published in the Federal Register.
Sec. 4. Council for the Conservation of Migratory Birds. (a) The Secretary
of Interior shall establish an interagency Council for the Conservation of
Migratory Birds (Council) to oversee the implementation of this order. The
Council’s duties shall include the following: (1) sharing the latest resource
information to assist in the conservation and management of migratory birds;
(2) developing an annual report of accomplishments and recommendations
related to this order; (3) fostering partnerships to further the goals of this
order; and (4) selecting an annual recipient of a Presidential Migratory
Bird Federal Stewardship Award for contributions to the protection of migra-
tory birds.
(b) The Council shall include representation, at the bureau director/admin-
istrator level, from the Departments of the Interior, State, Commerce, Agri-
culture, Transportation, Energy, Defense, and the Environmental Protection
Agency and from such other agencies as appropriate.
Sec. 5. Application and Judicial Review. (a) This order and the MOU to
be developed by the agencies do not require changes to current contracts,
permits, or other third party agreements.
(b) This order is intended only to improve the internal management of
the executive branch and does not create any right or benefit, substantive
or procedural, separately enforceable at law or equity by a party against
the United States, its agencies or instrumentalities, its officers or employees,
or any other person.
œ–
THE WHITE HOUSE,
January 10, 2001.
[FR Doc. 01–1387
Filed 1–12–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-1438 (13187) | Presidential Documents
3857
Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Presidential Documents
Executive Order 13187 of January 10, 2001
The President’s Disability Employment Partnership Board
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App.), and in order to promote the employ-
ment of people with disabilities, it is hereby ordered as follows:
Section 1. Establishment and Composition of the Board. (a) There is hereby
established the President’s Disability Employment Partnership Board (Board).
(b) The Board shall be composed of not more than 15 members who
shall be appointed by the President for terms of 2 years. The membership
shall include individuals who are representatives of business (including
small business), labor organizations, State or local government, disabled
veterans, people with disabilities, organizations serving people with disabil-
ities, and researchers or academicians focusing on issues relating to the
employment of people with disabilities, and may include other individuals
representing entities involved in issues relating to the employment of people
with disabilities as the President finds appropriate.
(c) The President shall designate a Chairperson from among the members
of the Board to serve a term of two years.
(d) Members and the Chairperson may be reappointed for subsequent
terms and may continue to serve until their successors have been appointed.
Sec. 2. Functions. (a) The Board shall provide advice and information to
the President, the Vice President, the Secretary of Labor, and other appro-
priate Federal officials with respect to facilitating the employment of people
with disabilities, and shall assist in other activities that promote the formation
of public-private partnerships, the use of economic incentives, the provision
of technical assistance regarding entrepreneurship, and other actions that
may enhance employment opportunities for people with disabilities.
(b) In carrying out paragraph (a) of this section, the Board shall:
(i) develop and submit to the Office of Disability Employment Policy
in the Department of Labor a comprehensive written plan for joint
public-private efforts to promote employment opportunities for people
with disabilities and improve their access to financial institutions and
commercial and business enterprises;
(ii) identify strategies that may be used by employers, labor unions,
national and international organizations, and Federal, State, and local
officials to increase employment opportunities for people with disabil-
ities; and
(iii) coordinate with the Office of Disability Employment Policy in the
Department of Labor in promoting the collaborative use of public and
private resources to assist people with disabilities in forming and ex-
panding small business concerns and in enhancing their access to
Federal procurement and other relevant business opportunities. Public
resources include those of the Department of Labor, the Small Busi-
ness Administration, the Department of Commerce, the Department of
Education, the Department of Defense, the Department of Treasury,
the Department of Veterans Affairs, the Federal Communications Com-
mission, and of executive departments and agency offices responsible
for small, disadvantaged businesses utilization.
(c) The Board shall submit annual written reports to the President, who
may apprise the Congress and other interested organizations and individuals
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on its activities, progress, and problems relating to maximizing employment
opportunities for people with disabilities.
(d) The Chairperson of the Board shall serve as a member and Vice
Chair of the National Task Force on Employment of Adults with Disabilities
established under Executive Order 13078 of March 13, 1998.
Sec. 3. Administration. (a) The Board shall meet when called by the Chair-
person, at a time and place designated by the Chairperson. The Chairperson
shall call at least two meetings per calendar year. The Chairperson may
form subcommittees or working groups within the Board to address particular
matters.
(b) The Chairperson may from time to time prescribe such rules, proce-
dures, and policies relating to the activities of the Board as are not incon-
sistent with law or with the provisions of this order.
(c) Members of the Board shall serve without compensation but shall
be allowed travel expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in Federal service (5
U.S.C. 5701–5707).
(d) The Department of Labor shall provide funding and appropriate support
to assist the Board in carrying out the activities described in section 2
of this order, including necessary office space, equipment, supplies, services,
and staff. The functions of the President under the Federal Advisory Com-
mittee Act, as amended, except that of reporting to the Congress, that are
applicable to the Commission, shall be performed by the Department of
Labor in accordance with guidelines that have been issued by the Adminis-
trator of General Services.
(e) The heads of executive departments and agencies shall, to the extent
permitted by law, provide the Board such information as it may need for
purposes of carrying out the functions described in section 2 of this order.
Sec. 4. Prior Orders and Transition. (a) Executive Order 12640 of May
10, 1988, as amended, relating to the establishment of the President’s Com-
mittee on Employment of People with Disabilities, is hereby revoked. The
employees, records, property, and funds of the Committee shall become
the employees, records, property, and funds of the Department of Labor.
(b) Executive Order 13078 of March 13, 1998, is amended in sections
1(a) and (b) by striking ‘‘Chair of the President’s Committee on Employment
of People with Disabilities’’ and inserting ‘‘Chairperson of the President’s
Disability Employment Partnership Board.’’
œ–
THE WHITE HOUSE,
January 10, 2001.
[FR Doc. 01–1438
Filed 1–12–01; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-321 (13185) | Presidential Documents
701
Federal Register
Vol. 66, No. 2
Wednesday, January 3, 2001
Title 3—
The President
Executive Order 13185 of December 28, 2000
To Strengthen the Federal Government-University Research
Partnership
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to keep the Federal
Government-University research partnership strong, it is hereby ordered as
follows:
Section 1. Principles of the Government-University Partnership. The partner-
ship in science and technology that has evolved between the Federal Govern-
ment and American universities has yielded benefits that are vital to each.
It continues to prove exceptionally productive, successfully promoting the
discovery of knowledge, stimulating technological innovation, improving
the quality of life, educating and training the next generation of scientists
and engineers, and contributing to America’s economic prosperity and na-
tional security. In order to reaffirm and strengthen this partnership, this
order sets forth the following guiding and operating principles that are
fully described in the April 1999 National Science and Technology Council
report, ‘‘Renewing the Government-University Partnership.’’ These principles
shall provide the framework for the development and analysis of all future
Federal policies, rules, and regulations for the Federal Government-University
research partnership.
(a) The guiding principles that shall govern interactions between the Fed-
eral Government and universities that perform research are:
(1) Research is an investment in the future;
(2) The integration of research and education is vital;
(3) Excellence is promoted when investments are guided by merit review;
and
(4) Research must be conducted with integrity.
(b) The operating principles that shall assist agencies, universities, indi-
vidual researchers, and auditing and regulatory bodies in implementing the
guiding principles are:
(1) Agency cost-sharing policies and practices must be transparent;
(2) Partners should respect the merit review process;
(3) Agencies and universities should manage research in a cost-efficient
manner;
(4) Accountability and accounting are not the same;
(5) The benefits of simplicity in policies and practices should be weighed
against the costs;
(6) Change should be justified by need and the process made transparent.
(c) Each executive branch department or agency that supports research
at universities shall regularly review its existing policies and procedures
to ensure that they meet the spirit and intent of the guiding and operating
principles stated above.
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Sec. 2. Office of Science and Technology (OSTP) Review of the Government-
University Research Partnership. (a) The OSTP, in conjunction with the
National Science and Technology Council, shall conduct a regular review
of the Government-University research partnership and prepare a report
on the status of the partnership. The OSTP should receive input from
all departments or agencies that have a major impact on the Government-
University partnership through their support of research and education,
policy making, regulatory activities, and research administra tion. In addition,
OSTP may seek the input of the National Science Board and the President’s
Committee of Advisors for Science and Technology, as well as other stake-
holders, such as State and local governments, industry, the National Academy
of Sciences, and the Federal Demonstration Partnership.
(b) The purpose of the review and the report is to determine the overall
health of the Government-University research partnership, being mindful
of the guiding and operating principles stated above. The report should
include recommendations on how to improve the Government- University
partnership.
(c) The Director of OSTP shall deliver the report to the President.
Sec. 3. Judicial Review. This order does not create any enforceable rights
against the United States, its agencies, its officers, or any person.
œ–
THE WHITE HOUSE,
December 28, 2000.
[FR Doc. 01–321
Filed 1–2–01; 12:32 pm]
Billing code 3195–01–P
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Presidential Executive Order | 00-33004 (13181) | Presidential Documents
81321
Federal Register
Vol. 65, No. 248
Tuesday, December 26, 2000
Title 3—
The President
Executive Order 13181 of December 20, 2000
To Protect the Privacy of Protected Health Information in
Oversight Investigations
By the authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, it is ordered
as follows:
Section 1. Policy.
It shall be the policy of the Government of the United States that law
enforcement may not use protected health information concerning an indi-
vidual that is discovered during the course of health oversight activities
for unrelated civil, administrative, or criminal investigations of a non-health
oversight matter, except when the balance of relevant factors weighs clearly
in favor of its use. That is, protected health information may not be so
used unless the public interest and the need for disclosure clearly outweigh
the potential for injury to the patient, to the physician-patient relationship,
and to the treatment services. Protecting the privacy of patients’ protected
health information promotes trust in the health care system. It improves
the quality of health care by fostering an environment in which patients
can feel more comfortable in providing health care professionals with accu-
rate and detailed information about their personal health. In order to provide
greater protections to patients’ privacy, the Department of Health and Human
Services is issuing final regulations concerning the confidentiality of individ-
ually identifiable health information under the Health Insurance Portability
and Accountability Act of 1996 (HIPAA). HIPAA applies only to ‘‘covered
entities,’’ such as health care plans, providers, and clearinghouses. HIPAA
regulations therefore do not apply to other organizations and individuals
that gain access to protected health information, including Federal officials
who gain access to health records during health oversight activities.
Under the new HIPAA regulations, health oversight investigators will appro-
priately have ready access to medical records for oversight purposes. Health
oversight investigators generally do not seek access to the medical records
of a particular patient, but instead review large numbers of records to deter-
mine whether a health care provider or organization is violating the law,
such as through fraud against the Medicare system. Access to many health
records is often necessary in order to gain enough evidence to detect and
bring enforcement actions against fraud in the health care system. Stricter
rules apply under the HIPAA regulations, however, when law enforcement
officials seek protected health information in order to investigate criminal
activity outside of the health oversight realm.
In the course of their efforts to protect the health care system, health oversight
investigators may also uncover evidence of wrongdoing unrelated to the
health care system, such as evidence of criminal conduct by an individual
who has sought health care. For records containing that evidence, the issue
thus arises whether the information should be available for law enforcement
purposes under the less restrictive oversight rules or the more restrictive
rules that apply to non-oversight criminal investigations.
A similar issue has arisen in other circumstances. Under 18 U.S.C. 3486,
an individual’s health records obtained for health oversight purposes pursu-
ant to an administrative subpoena may not be used against that individual
patient in an unrelated investigation by law enforcement unless a judicial
officer finds good cause. Under that statute, a judicial officer determines
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Federal Register / Vol. 65, No. 248 / Tuesday, December 26, 2000 / Presidential Documents
whether there is good cause by weighing the public interest and the need
for disclosure against the potential for injury to the patient, to the physician-
patient relationship, and to the treatment services. It is appropriate to extend
limitations on the use of health information to all situations in which
the government obtains medical records for a health oversight purpose.
In recognition of the increasing importance of protecting health information
as shown in the medical privacy rule, a higher standard than exists in
18 U.S.C. 3486 is necessary. It is, therefore, the policy of the Government
of the United States that law enforcement may not use protected health
information concerning an individual, discovered during the course of health
oversight activities for unrelated civil, administrative, or criminal investiga-
tions, against that indi vidual except when the balance of relevant factors
weighs clearly in favor of its use. That is, protected health information
may not be so used unless the public interest and the need for disclosure
clearly outweigh the potential for injury to the patient, to the physician-
patient relationship, and to the treatment services.
Sec. 2. Definitions.
(a) ‘‘Health oversight activities’’ shall include the oversight activities enu-
merated in the regulations concerning the confidentiality of individually
identifiable health information promulgated by the Secretary of Health and
Human Services pursuant to the ‘‘Health Insurance Portability and Account-
ability Act of 1996,’’ as amended.
(b) ‘‘Protected health information’’ shall have the meaning ascribed to
it in the regulations concerning the confidentiality of individually identifiable
health information promulgated by the Secretary of Health and Human Serv-
ices pursuant to the ‘‘Health Insurance Portability and Accountability Act
of 1996,’’ as amended.
(c) ‘‘Injury to the patient’’ includes injury to the privacy interests of
the patient.
Sec. 3. Implementation.
(a) Protected health information concerning an individual patient discov-
ered during the course of health oversight activities shall not be used against
that individual patient in an unrelated civil, administrative, or criminal
investigation of a non-health oversight matter unless the Deputy Attorney
General of the U.S Department of Justice, or insofar as the protected health
information involves members of the Armed Forces, the General Counsel
of the U.S. Department of Defense, has authorized such use.
(b) In assessing whether protected health information should be used
under subparagraph (a) of this section, the Deputy Attorney General shall
permit such use upon concluding that the balance of relevant factors weighs
clearly in favor of its use. That is, the Deputy Attorney General shall permit
disclosure if the public interest and the need for disclosure clearly outweigh
the potential for injury to the patient, to the physician-patient relationship,
and to the treatment services.
(c) Upon the decision to use protected health information under subpara-
graph (a) of this section, the Deputy Attorney General, in determining the
extent to which this information should be used, shall impose appropriate
safeguards against unauthorized use.
(d) On an annual basis, the Department of Justice, in consul tation with
the Department of Health and Human Services, shall provide to the President
of the United States a report that includes the following information:
(i) the number of requests made to the Deputy Attorney General for author-
ization to use protected health information discovered during health oversight
activities in a non-health oversight, unrelated investigation;
(ii) the number of requests that were granted as applied for, granted
as modified, or denied;
(iii) the agencies that made the applications, and the number of requests
made by each agency; and
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Federal Register / Vol. 65, No. 248 / Tuesday, December 26, 2000 / Presidential Documents
(iv) the uses for which the protected health information was authorized.
(e) The General Counsel of the U.S. Department of Defense will comply
with the requirements of subparagraphs (b), (c), and (d), above. The General
Counsel also will prepare a report, consistent with the requirements of
subparagraphs (d)(i) through (d)(iv), above, and will forward it to the Depart-
ment of Justice where it will be incorporated into the Department’s annual
report to the President.
Sec. 4. Exceptions.
(a) Nothing in this Executive Order shall place a restriction on the deriva-
tive use of protected health information that was obtained by a law enforce-
ment agency in a non-health oversight investigation.
(b) Nothing in this Executive Order shall be interpreted to place a restriction
on a duty imposed by statute.
(c) Nothing in this Executive Order shall place any additional limitation
on the derivative use of health information obtained by the Attorney General
pursuant to the provisions of 18 U.S.C. 3486.
(d) This order does not create any right or benefit, substantive or proce-
dural, enforceable at law by a party against the United States, the officers
and employees, or any other person.
œ–
THE WHITE HOUSE,
December 20, 2000.
[FR Doc. 00–33004
Filed 12–22–00; 8:45 am]
Billing code 3195–01–P
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| To Protect the Privacy of Protected Health Information in Oversight Investigations | 2000-12-20T00:00:00 | a24829f368dc284ef4c995c3bec3ee2bb1fd884b45533cd8a2df8201706af1f9 |
Presidential Executive Order | 00-31692 (13179) | Presidential Documents
77487
Federal Register
Vol. 65, No. 238
Monday, December 11, 2000
Title 3—
The President
Executive Order 13179 of December 7, 2000
Providing Compensation to America’s Nuclear Weapons
Workers
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including Public Law 106-398, the
Energy Employees Occupational Illness Compensation Program Act of 2000
(Public Law 106-398, the ‘‘Act’’), and to allocate the responsibilities imposed
by that legislation and to provide for further legislative efforts, it is hereby
ordered as follows:
Section 1. Policy. Since World War II, hundreds of thousands of men and
women have served their Nation in building its nuclear defense. In the
course of their work, they overcame previously unimagined scientific and
technical challenges. Thousands of these courageous Americans, however,
paid a high price for their service, developing disabling or fatal illnesses
as a result of exposure to beryllium, ionizing radiation, and other hazards
unique to nuclear weapons production and testing. Too often, these workers
were neither adequately protected from, nor informed of, the occupational
hazards to which they were exposed.
Existing workers’ compensation programs have failed to provide for the
needs of these workers and their families. Federal workers’ compensation
programs have generally not included these workers. Further, because of
long latency periods, the uniqueness of the hazards to which they were
exposed, and inadequate exposure data, many of these individuals have
been unable to obtain State workers’ compensation benefits. This problem
has been exacerbated by the past policy of the Department of Energy (DOE)
and its predecessors of encouraging and assisting DOE contractors in oppos-
ing the claims of workers who sought those benefits. This policy has recently
been reversed.
While the Nation can never fully repay these workers or their families,
they deserve recognition and compensation for their sacrifices. Since the
Administration’s historic announcement in July of 1999 that it intended
to compensate DOE nuclear weapons workers who suffered occupational
illnesses as a result of exposure to the unique hazards in building the
Nation’s nuclear defense, it has been the policy of this Administration
to support fair and timely compensation for these workers and their survivors.
The Federal Government should provide necessary information and otherwise
help employees of the DOE or its contractors determine if their illnesses
are associated with conditions of their nuclear weapons-related work; it
should provide workers and their survivors with all pertinent and available
information necessary for evaluating and processing claims; and it should
ensure that this program minimizes the administrative burden on workers
and their survivors, and respects their dignity and privacy. This order sets
out agency responsibilities to accomplish these goals, building on the Admin-
istration’s articulated principles and the framework set forth in the Energy
Employees Occupational Illness Compensation Program Act of 2000. The
Departments of Labor, Health and Human Services, and Energy shall be
responsible for developing and implementing actions under the Act to com-
pensate these workers and their families in a manner that is compassionate,
fair, and timely. Other Federal agencies, as appropriate, shall assist in this
effort.
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Sec. 2. Designation of Responsibilities for Administering the Energy Employ-
ees’ Occupational Illness Compensation Program (‘‘Program’’).
(a) Secretary of Labor. The Secretary of Labor shall have primary responsi-
bility for administering the Program. Specifically, the Secretary shall:
(i) Administer and decide all questions arising under the Act not assigned
to other agencies by the Act or by this order, including determining the
eligibility of individuals
with covered occupational illnesses and their survivors and adjudicating
claims for compensation and benefits;
(ii) No later than May 31, 2001, promulgate regulations for the administration
of the Program, except for functions assigned to other agencies pursuant
to the Act or this order;
(iii) No later than July 31, 2001, ensure the availability, in paper and elec-
tronic format, of forms necessary for making claims under the Program;
and
(iv) Develop informational materials, in coordination with the Secretary
of Energy and the Secretary of Health and Human Services, to help potential
claimants understand the Program and the application process, and provide
these materials to individuals upon request and to the Secretary of Energy
and the Attorney General for dissemination to potentially eligible individuals.
(b) Secretary of Health and Human Services. The Secretary of Health
and Human Services shall:
(i) No later than May 31, 2001, promulgate regulations establishing:
(A) guidelines, pursuant to section 3623(c) of the Act, to assess the likelihood
that an individual with cancer sustained the cancer in the performance
of duty at a Department of Energy facility or an atomic weapons employer
facility, as defined by the Act; and
(B) methods, pursuant to section 3623(d) of the Act, for arriving at and
providing reasonable estimates of the radiation doses received by individuals
applying for assistance under this program for whom there are inadequate
records of radiation exposure;
(ii) In accordance with procedures developed by the Secretary of Health
and Human Services, consider and issue determinations on petitions by
classes of employees to be treated as members of the Special Exposure
Cohort;
(iii) With the assistance of the Secretary of Energy, apply the methods
promulgated under subsection (b)(i)(B) to estimate the radiation doses re-
ceived by individuals applying for assistance;
(iv) Upon request from the Secretary of Energy, appoint members for a
physician panel or panels to consider individual workers’ compensation
claims as part of the Worker Assistance Program under the process estab-
lished pursuant to subsection (c)(v); and
(v) Provide the Advisory Board established under section 4 of this order
with administrative services, funds, facilities, staff, and other necessary sup-
port services and perform the administrative functions of the President under
the Federal Advisory Committee Act, as amended (5 U.S.C. App.), with
respect to the Advisory Board.
(c) Secretary of Energy. The Secretary of Energy shall:
(i) Provide the Secretary of Health and Human Services and the Advisory
Board on Radiation and Worker Health access, in accordance with law,
to all relevant information pertaining to worker exposures, including access
to restricted data, and any other technical assistance needed to carry out
their responsibilities under subsection (b)(ii) and section 4(b), respectively.
(ii) Upon request from the Secretary of Health and Human Services or
the Secretary of Labor, and as permitted by law, require a DOE contractor,
subcontractor, or
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designated beryllium vendor, pursuant to section 3631(c) of the Act, to
provide information relevant to a claim under this Program;
(iii) Identify and notify potentially eligible individuals of the availability
of compensation under the Program;
(iv) Designate, pursuant to sections 3621(4)(B) and 3622 of the Act, atomic
weapons employers and additions
to the list of designated beryllium vendors;
(v) Pursuant to Subtitle D of the Act, negotiate agreements with the chief
executive officer of each State in which there is a DOE facility, and other
States as appropriate, to provide assistance to a DOE contractor employee
on filing a State workers’ compensation system claim, and establish a Worker
Assistance Program to help individuals whose illness is related to employ-
ment in the DOE’s nuclear weapons complex, or the individual’s survivor
if the individual is deceased, in applying for State workers’ compensation
benefits. This assistance shall include:
(1) Submittal of reasonable claims to a physician panel, appointed by the
Secretary of Health and Human Services and administered by the Secretary
of Energy, under procedures established by the Secretary of Energy, for
determination of whether the individual’s illness or death arose out of
and in the course of employment by the DOE or its contractors and exposure
to a toxic substance at a DOE facility; and
(2) For cases determined by the physician panel and the Secretary of Energy
under section 3661(d) and (e) of the Act to have arisen out of and in
the course of employment by the DOE or its contractors and exposure
to a toxic substance at a DOE facility, provide assistance to the individual
in filing for workers’ compensation benefits. The Secretary shall not contest
these claims and, to the extent permitted by law, shall direct a DOE contractor
who employed the applicant not to contest the claim;
(vi) Report on the Worker Assistance Program by making publicly available
on at least an annual basis claims- related data, including the number
of claims filed, the number of illnesses found to be related to work at
a DOE
facility, job location and description, and number of successful State workers’
compensation claims awarded; and
(vii) No later than January 15, 2001, publish in the Federal Register a
list of atomic weapons employer facilities within the meaning of section
3621(5) of the Act, Department of Energy employer facilities within the
meaning of section 3621(12) of the Act, and a list of facilities owned and
operated by a beryllium vendor, within the meaning of section 3621(6)
of the Act.
(d) Attorney General. The Attorney General shall:
(i) Develop procedures to notify, to the extent possible, each claimant (or
the survivor of that claimant if deceased) whose claim for compensation
under section 5 of the Radiation Exposure Compensation Act has been
or is approved by the Department of Justice, of the availability of supple-
mental compensation and benefits under the Energy Employees Occupational
Illness Compensation Program;
(ii) Identify and notify eligible covered uranium employees or their survivors
of the availability of supplemental compensation under the Program; and
(iii) Upon request by the Secretary of Labor, provide information needed
to adjudicate the claim of a covered uranium employee under this Program.
Sec. 3. Establishment of Interagency Working Group.
(a) There is hereby established an Interagency Working Group to be com-
posed of representatives from the Office of Management and Budget, the
National Economic Council, and the Departments of Labor, Energy, Health
and Human Services, and Justice.
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(b) The Working Group shall:
(i) By January 1, 2001, develop a legislative proposal to ensure the Program’s
fairness and efficiency, including provisions to assure adequate administra-
tive resources and swift dispute resolution; and
(ii) Address any impediments to timely and coordinated Program implemen-
tation.
Sec. 4. Establishment of Advisory Board on Radiation and Worker Health.
(a) Pursuant to Public Law 106-398, there is hereby established an Advisory
Board on Radiation and Health (Advisory Board). The Advisory Board shall
consist of no more than 20 members to be appointed by the President.
Members shall include affected workers and their representatives, and rep-
resentatives from scientific and medical communities. The President shall
designate a Chair for the Board among its members.
(b) The Advisory Board shall:
(i) Advise the Secretary of Health and Human Services on the development
of guidelines under section 2(b)(i) of this order;
(ii) Advise the Secretary of Health and Human Services on the scientific
validity and quality of dose reconstruction efforts performed for this Program;
and
(iii) Upon request by the Secretary of Health and Human Services, advise
the Secretary on whether there is a class of employees at any Department
of Energy facility who were exposed to radiation but for whom it is not
feasible to estimate their radiation dose, and on whether there is a reasonable
likelihood that such radiation dose may have endangered the health of
members of the class.
Sec. 5. Reporting Requirements. The Secretaries of Labor, Health and Human
Services, and Energy shall, as part of their annual budget submissions,
report to the Office of Management and Budget (OMB) on their activities
under this Program, including total expenditures related to benefits and
program administration. They shall also report to the OMB, no later than
March 1, 2001, on the manner in which they will carry out their respective
responsibilities under the Act and this order. This report shall include,
among other things, a description of the administrative structure established
within their agencies to implement the Act and this order. In addition,
the Secretary of Labor shall annually report on the total number and types
of claims for which compensation was considered and other data pertinent
to evaluating the Federal Government’s performance fulfilling the require-
ments of the Act and this order.
Sec. 6. Administration and Judicial Review. (a) This Executive Order shall
be carried out subject to the availability of appropriations, and to the extent
permitted by law.
(b) This Executive Order does not create any right or benefit, substantive
or procedural, enforceable at law or equity by a party against the United
States, its agencies, its officers or employees, or any other person.
œ–
THE WHITE HOUSE,
December 7, 2000.
[FR Doc. 00–31692
Filed 12–8–00; 8:45 am]
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Presidential Executive Order | 00-33450 (13182) | Presidential Documents
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Federal Register
Vol. 65, No. 251
Friday, December 29, 2000
Title 3—
The President
Executive Order 13182 of December 23, 2000
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The rates of basic pay for senior executives
in the Senior Executive Service, as adjusted under 5 U.S.C. 5382, are set
forth on Schedule 4 attached hereto and made a part hereof.
Sec. 3. Executive Salaries. The rates of basic pay or salaries for the following
offices and positions are set forth on the schedules attached hereto and
made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule
7.
Sec. 4. Uniformed Services. Pursuant to section 601 of Public Law 106-
398, the rates of monthly basic pay (37 U.S.C. 203(a)) for members of
the uniformed services and the rate of monthly cadet or midshipman pay
(37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made
a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to sections 5304
and 5304a of title 5, United States Code, locality-based comparability pay-
ments shall be paid in accordance with Schedule 9 attached hereto and
made a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for administrative
law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule
10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2001. The
other schedules contained herein are effective on the first day of the first
applicable pay period beginning on or
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Sec. 8. Prior Order Superseded. Executive Order 13144 of December 21,
1999, is superseded.
œ–
THE WHITE HOUSE,
December 23, 2000.
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[FR Doc. 00–33450 Filed 12–28–00; 8:45 am]
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| Adjustments of Certain Rates of Pay | 2000-12-23T00:00:00 | 12d0d6fda42e00b70f875db5f87beb395c804edea520b1b3cd2bbf0500182c1f |
Presidential Executive Order | 00-31697 (13180) | Presidential Documents
77493
Federal Register
Vol. 65, No. 238
Monday, December 11, 2000
Title 3—
The President
Executive Order 13180 of December 7, 2000
Air Traffic Performance-Based Organization
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to further improve
the provision of air traffic services, an inherently governmental function,
in ways that increase efficiency, take better advantage of new technologies,
accelerate modernization efforts, and respond more effectively to the needs
of the traveling public, while enhancing the safety, security, and efficiency
of the Nation’s air transportation system, it is hereby ordered as follows:
Section 1. Establishment of the Air Traffic Organization. (a) The Secretary
of Transportation (Secretary) shall, consistent with his legal authorities, move
to establish within the Federal Aviation Administration (FAA) a performance-
based organization to be known as the ‘‘Air Traffic Organization’’ (ATO).
(b) The ATO shall be composed of those elements of the FAA’s Air
Traffic Services and Research and Acquisition organizations that have direct
connection and give support to the provision of day-to-day operational air
traffic services, as determined by the Administrator of the Federal Aviation
Administration (Administrator). The Administrator may delegate responsi-
bility for any operational activity of the air traffic control system to the
head of the ATO. The Administrator’s responsibility for general safety, secu-
rity, and policymaking functions for the National Airspace System is unaf-
fected by this order.
(c) The Chief Operating Officer (COO) of the Air Traffic Control System,
established by the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century (Air-21) (Public Law 106-181), shall head the ATO
and shall report directly to the Administrator and be subject to the authority
of the Administrator. The COO, in consultation with the Air Traffic Control
Subcommittee of the Aviation Management Advisory Committee, shall enter
into an annual performance agreement with the Administrator that sets
forth measurable organization and individual goals in key operational areas
and describes specific targets and how such goals will be achieved. The
COO may receive an annual bonus not to exceed 30 percent of the annual
rate of basic pay, based upon the Administrator’s evaluation of the COO’s
performance in relation to the targets and goals described above.
(d) The COO shall develop a 5-year strategic plan for the air traffic control
system, including a clear statement of the mission and objectives for the
system’s safety, efficiency, and productivity. This strategic plan must ensure
that ATO actions are consistent with long-term FAA strategies for the aviation
system as a whole.
(e) The COO shall also enter into a framework agreement with the Adminis-
trator that will establish the relationship of the ATO with the other organiza-
tions of the FAA.
Sec. 2. Purpose. The FAA’s primary mission is to ensure the safety, security,
and efficiency of the National Airspace System. The purpose of this order
is to enhance that mission and further improve the delivery of air traffic
services to the American public by reorganizing the FAA’s air traffic services
and related offices into a performance-based, results-oriented, organization.
The ATO will be better able to make use of the unique procurement and
personnel authorities that the FAA currently has and to better use the
additional management reforms enacted by the Congress this year under
Air-21. Specifically, the ATO shall:
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(a) optimize use of existing management flexibilities and authorities to
improve the efficiency of air traffic services and increase the capacity of
the system;
(b) develop methods to accelerate air traffic control modernization and
to improve aviation safety related to air traffic control;
(c) develop agreements with the Administrator of the FAA and users
of the products, services, and capabilities it will provide;
(d) operate in accordance with safety performance standards developed
by the FAA and rapidly respond to FAA safety and security oversight
findings;
(e) consult with its customers, the traveling public, including direct users
such as airlines, cargo carriers, manufacturers, airports, general aviation,
and commercial space transportation providers, and focus on producing
results that satisfy the FAA’s external customer needs;
(f) consult with appropriate Federal, State, and local public agencies,
including the Department of Defense and the National Aeronautics and
Space Administration, to determine the best practices for meeting the diverse
needs throughout the National Airspace System;
(g) establish strong incentives to managers for achieving results; and
(h) formulate and recommend to the Administrator any management, fiscal,
or legislative changes necessary for the organization to achieve its perform-
ance goals.
Sec. 3. Aviation Management Advisory Committee. The Air Traffic Control
Subcommittee of the Aviation Management Advisory Committee shall pro-
vide, consistent with its responsibilities under Air-21, general oversight to
ATO regarding the administration, management, conduct, direction, and su-
pervision of the air traffic control system.
Sec. 4. Evaluation and Report. Not later than 5 years after the date of
this order, the Aviation Management Advisory Committee shall provide
to the Secretary and the Administrator a report on the operation and effective-
ness of the ATO, together with any recommendations for management, fiscal,
or legislative changes to enable the organization to achieve its goals.
Sec. 5. Definitions. The term ‘‘air traffic control system’’ has the same
meaning as the term defined by section 40102(a)(42) of title 49, United
States Code.
Sec. 6. Judicial Review. This order does not create any right or benefit,
substantive or procedural, enforceable at law by a party against the United
States, its agencies, its officers, or any person.
œ–
THE WHITE HOUSE,
December 7, 2000.
[FR Doc. 00–31697
Filed 12–8–00; 11:15 am]
Billing code 3195–01–P
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Presidential Executive Order | 01-255 (13184) | Presidential Documents
697
Federal Register
Vol. 66, No. 2
Wednesday, January 3, 2001
Title 3—
The President
Executive Order 13184 of December 28, 2000
Revocation of Executive Order 12834
By the authority vested in me as President of the United States by the
Constitution and laws of the United States of America, including section
301 of title 3, United States Code, and sections 3301 and 7301 of title
5, United States Code, it is hereby ordered as follows:
Executive Order 12834 of January 20, 1993, ‘‘Ethics Commitments by Execu-
tive Branch Appointees,’’ is hereby revoked, effective at noon January 20,
2001. Employees and former employees subject to the commitments in Execu-
tive Order 12834 will not be subject to those commitments after the effective
date of this order.
œ–
THE WHITE HOUSE,
December 28, 2000.
[FR Doc. 01–255
Filed 1–2–01; 8:45 am]
Billing code 3195–01–P
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| Revocation of Executive Order 12834 | 2000-12-28T00:00:00 | 975db7af9a2140ca7b9a7bb9fe6a23a90e6dc5173963d2d133d53cf3aea41dca |
Presidential Executive Order | 00-33451 (13183) | Presidential Documents
82889
Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Presidential Documents
Executive Order 13183 of December 23, 2000
Establishment of the President’s Task Force on Puerto Rico’s
Status
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including Public Law 106-346, it
is hereby ordered as follows:
Section 1. Policy. It is the policy of the executive branch of the Government
of the United States of America to help answer the questions that the
people of Puerto Rico have asked for years regarding the options for the
islands’ future status and the process for realizing an option. Further, it
is our policy to consider and develop positions on proposals, without pref-
erence among the options, for the Commonwealth’s future status; to discuss
such proposals with representatives of the people of Puerto Rico and the
Congress; to work with leaders of the Commonwealth and the Congress
to clarify the options to enable Puerto Ricans to determine their preference
among options for the islands’ future status that are not incompatible with
the Constitution and basic laws and policies of the United States; and
to implement such an option if chosen by a majority, including helping
Puerto Ricans obtain a governing arrangement under which they would
vote for national government officials, if they choose such a status.
Sec. 2. The President’s Task Force on Puerto Rico’s Status. There is estab-
lished a task force to be known as ‘‘The President’s Task Force on Puerto
Rico’s Status’’ (Task Force). It shall be composed of designees of each
member of the President’s Cabinet and the Co-Chairs of the President’s
Interagency Group on Puerto Rico (Interagency Group). The Task Force
shall be co-chaired by the Attorney General’s designee and a Co-Chair of
the Interagency Group.
Sec. 3. Functions. The Task Force shall seek to implement the policy set
forth in section 1 of this order. It shall ensure official attention to and
facilitate action on matters related to proposals for Puerto Rico’s status
and the process by which an option can be realized. It shall provide advice
and recommendations on such matters to the President and the Congress.
It shall also provide advice and recommendations to assist the Executive
Office of the President in fulfilling its responsibilities under Public Law
106-346 to transfer funding to the Elections Commission of the Common-
wealth of Puerto Rico for public education on and a public choice among
options for Puerto Rico’s future status that are not incompatible with the
Constitution and the basic laws and policies of the United States.
Sec. 4. Report. The Task Force shall report on its actions to the President
not later than May 1, 2001, and thereafter as needed but not less than
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Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / Presidential Documents
annually on progress made in the determination of Puerto Rico’s ultimate
status.
œ–
THE WHITE HOUSE,
December 23, 2000.
[FR Doc. 00–33451
Filed 12–28–00; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-31313 (13178) | Presidential Documents
76903
Federal Register
Vol. 65, No. 236
Thursday, December 7, 2000
Title 3—
The President
Executive Order 13178 of December 4, 2000
Northwestern Hawaiian Islands Coral Reef Ecosystem Re-
serve
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the National Marine Sanc-
tuaries Act, (16 U.S.C. 1431 et seq.), and the National Marine Sanctuaries
Amendments Act of 2000, Public Law 106-513, and in furtherance of the
purposes of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries
Act (33 U.S.C. 1401 et seq.), Coastal Zone Management Act (16 U.S.C.
1451 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine
Mammal Protection Act (16 U.S.C. 1362 et seq.), Clean Water Act (33 U.S.C.
1251 et seq.), National Historic Preservation Act (16 U.S.C. 470 et seq.),
National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-ee),
and other pertinent statutes, it is ordered as follows:
Section 1. Preamble. The world’s coral reefs—the rain forests of the sea—
are in serious decline. These important and sensitive areas of biodiversity
warrant special protection. While United States waters contain approximately
3 percent of the world’s coral reefs, approximately 70 percent of U.S. coral
reefs are in the Northwestern Hawaiian Islands. The 3.5 million acres of
coral reefs around the remote, mostly uninhabited Northwestern Hawaiian
Islands are spectacular and almost undisturbed by humans. The approxi-
mately 1,200 mile stretch of coral islands, seamounts, banks, and shoals
are unquestionably some of the healthiest and most extensive coral reefs
in the United States. In their own right, the spectacular coral reefs and
lands provide an amazing geological record of volcanic and erosive powers
that have shaped this area. This vast area supports a dynamic reef ecosystem
that supports more than 7,000 marine species, of which approximately half
are unique to the Hawaiian Island chain. This incredibly diverse ecosystem
is home to many species of coral, fish, birds, marine mammals, and other
flora and fauna including the endangered Hawaiian monk seal, the threatened
green sea turtle, and the endangered leatherback and hawksbill sea turtles.
In addition, this area has great cultural significance to Native Hawaiians
as well as linkages to early Polynesian culture—making it additionally worthy
of protection and understanding. This is truly a unique and special place,
a coral reef ecosystem like no place on earth, and a source of pride, inspira-
tion, and satisfaction for all Americans, especially the people of Hawaii.
It is fully worthy of our best efforts to preserve a legacy of America’s
natural wonders for future generations. Due to the special significance of
this area, I have determined that it is in the best interest of our Nation,
and of future generations, to provide strong and lasting protection for the
coral reef ecosystem of the Northwestern Hawaiian Islands.
On May 26, 2000, I directed the Secretaries of Commerce and the Interior,
working cooperatively with the State of Hawaii and consulting with the
Western Pacific Fishery Management Council, to develop recommendations
for a new, coordinated management regime to increase protection of the
coral reef ecosystem of the Northwestern Hawaiian Islands and provide
for sustainable use of the area. Upon consideration of their recommendations
and comments received during the public visioning process on this initiative,
and based on the statutory authorities set forth above, I am issuing this
Executive Order.
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Sec. 2. Purpose. The purpose of this Executive Order is to ensure the
comprehensive, strong, and lasting protection of the coral reef ecosystem
and related marine resources and species (resources) of the Northwestern
Hawaiian Islands.
Sec. 3. Establishment of Coral Reef Ecosystem Reserve. There is hereby
established in the Northwestern Hawaiian Islands a coral reef ecosystem
reserve to be known as the Northwestern Hawaiian Islands Coral Reef Eco-
system Reserve (Reserve). The Reserve shall include submerged lands and
waters of the Northwestern Hawaiian Islands, extending approximately 1,200
nautical miles (nm) long and 100nm wide. The Reserve shall be adjacent
to and seaward of the seaward boundaries of the State of Hawaii and
the Midway Atoll National Wildlife Refuge, and shall overlay the Hawaiian
Islands National Wildlife Refuge to the extent that it extends beyond the
seaward boundaries of the State of Hawaii. The boundaries of the Reserve
are described in section 6 of this order.
Sec. 4. Management Principles. The Secretary of Commerce, or his designee,
(hereafter ‘‘Secretary’’) shall, subject to section 10(b) of this order, manage
the Reserve in accordance with the following principles:
(a) The principal purpose of the Reserve is the long-term conservation
and protection of the coral reef ecosystem and related marine resources
and species of the Northwestern Hawaiian Islands in their natural character;
(b) The Reserve shall be managed using available science and applying
a precautionary approach with resource protection favored when there is
a lack of information regarding any given activity, to the extent not contrary
to law;
(c) Culturally significant, noncommercial subsistence, cultural, and reli-
gious uses by Native Hawaiians should be allowed within the Reserve,
consistent with applicable law and the long-term conservation and protection
of Reserve resources;
(d) The Reserve shall be managed using, when appropriate, geographical
zoning and innovative management techniques to ensure that the Reserve
resources are protected from degradation or harm;
(e) To the extent consistent with the primary purpose of the Reserve,
the Reserve shall be managed to support, promote, and coordinate appropriate
scientific research and assessment, and long-term monitoring of Reserve
resources, and the impacts or threats thereto from human and other activities,
to help better understand, protect, and conserve these resources and species
for future generations;
(f) To the extent consistent with the primary purpose of the Reserve,
the Reserve shall be managed to enhance public awareness, understanding,
and appreciation of Reserve resources, and the impacts or threats thereto
from human and other activities;
(g) The Reserve shall be managed to further restoration and remediation
of degraded or injured Reserve resources; and
(h) The Reserve shall be managed to facilitate coordinated management
among Federal and State agencies and other entities, as appropriate, to
provide comprehensive (looking beyond jurisdictional boundaries) conserva-
tion of the coral reef ecosystem and related marine resources and species
throughout the Northwestern Hawaiian Islands, consistent with applicable
authorities and the Management Principles of this section.
Sec. 5. Implementation. (a) Management of the Reserve. The Secretary shall
manage the Reserve under the National Marine Sanctuaries Act and in
accordance with this order.
(b) Reserve Operations Plan. The Secretary, in consultation with the Sec-
retary of the Interior and the Governor of Hawaii, shall develop an operations
plan to govern the management of the Reserve. In developing the Reserve
Operations Plan the Secretary shall consider the advice and recommendations
of the Reserve Council established pursuant to paragraph (c) of this section.
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The Reserve Operations Plan shall be directed at priority issues and actions
that, at a minimum, provide for:
(1) Coordinated management among the Reserve, Hawaiian Islands National
Wildlife Refuge, Midway Atoll National Wildlife Refuge, and the State of
Hawaii, consistent with relevant authorities;
(2) Coordination among Federal agencies and the Director of the National
Science Foundation to make vessels and other resources available for con-
servation and research activities for the Reserve;
(3) The cleanup and prevention of marine debris in the Reserve;
(4) The restoration or remediation of any degraded or injured resources
of the Reserve;
(5) Research, monitoring, and assessment of the Reserve;
(6) Education and outreach about the Reserve and its resources and efforts
to conserve them;
(7) Enforcement and surveillance for the Reserve, including the use of new
technologies and coordination with the United States Coast Guard and other
relevant agencies;
(8) Identification and coordination with Native Hawaiian interests, regarding
culturally significant, noncommercial subsistence, cultural, and religious uses
and locations within the Reserve;
(9) Identification of potential tourism, recreational, and commercial activities
within the Reserve and actions necessary to ensure that these activities
do not degrade the Reserve’s resources or diminish the Reserve’s natural
character;
(10) Use of vessel monitoring systems for any vessel entering or transiting
the Reserve, if warranted. To this end, the Secretary in consultation with
the Department of State, United States Coast Guard, and the Department
of Defense, shall evaluate the need for the establishment of vessel monitoring
systems and, if warranted, shall initiate the steps necessary to have the
appropriate domestic agencies, and request that the International Maritime
Organization, adopt a vessel monitoring system requirement for the Reserve;
(11) Any regulations, in addition to the conservation measures and Reserve
Preservation Areas established under this order, that the Secretary determines
are necessary to manage the Reserve in accordance with this order; and
(12) Coordination of all relevant activities with the process to designate
the Reserve as a National Marine Sanctuary, as provided under paragraph
(f) of this section.
(c) Conservation Measures. The Reserve Operations Plan shall also include
the conservation measures in section 7 of this order and the Reserve Preserva-
tion Areas in section 8 of this order.
(d) Memorandum of Agreement. To further paragraph (b)(1) of this section,
and subject to section 10(b) of this order, and in particular to promote
coordinated management of the entirety of the shallow areas of the coral
reef ecosystem throughout the Northwestern Hawaiian Islands, the Secretary
shall work with the Secretary of the Interior and Governor of the State
of Hawaii to enter into one or more memoranda of agreement for the coordi-
nated conservation and management of the Reserve, Midway Atoll and Ha-
waiian Islands National Wildlife Refuges, and State of Hawaii submerged
lands and waters within the Northwestern Hawaiian Islands.
(e) National Marine Sanctuary. The Secretary shall initiate the process
to designate the Reserve as a national marine sanctuary pursuant to sections
303 and 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433, 1434).
In doing so the Secretary shall supplement or complement the existing
Reserve. The Secretary shall, in consultation with the Governor of the State
of Hawaii, determine whether State submerged lands and waters should
be included as part of the sanctuary. In designating and managing the
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sanctuary, the Secretary shall consider the advice and recommendations
of the Reserve Council established pursuant to paragraph (f) of this section.
(f) Council. After considering input from the Secretary of the Interior
and Governor of the State of Hawaii, the Secretary shall establish a Coral
Reef Ecosystem Reserve Council pursuant to section 315 of the National
Marine Sanctuaries Act (16 U.S.C. 1445a) to provide advice and recommenda-
tions on the Reserve Operations Plan and designation and management
of any sanctuary. The Council shall include:
(1) Three Native Hawaiian representatives, including one Native Hawaiian
elder, with experience or knowledge regarding Native Hawaiian subsistence,
cultural, religious, or other activities in the Northwestern Hawaiian Islands.
(2) Three representatives from the non-Federal science community with
experience specific to the Northwestern Hawaiian Islands and with expertise
in at least one of the following areas:
(A) Marine mammal science.
(B) Coral reef ecology.
(C) Native marine flora and fauna of the Hawaiian Islands.
(D) Oceanography.
(E) Any other scientific discipline the Secretary determines to be appropriate.
(3) Three representatives from nongovernmental wildlife/marine life, environ-
mental, and/or conservation organizations.
(4) One representative from the commercial fishing industry that conducts
activities in the Northwestern Hawaiian Islands.
(5) One representative from the recreational fishing industry that conducts
activities in the Northwestern Hawaiian Islands.
(6) One representative from the ocean-related tourism industry.
(7) One representative from the non-Federal community with experience
in education and outreach regarding marine conservation issues.
(8) One citizen-at-large representative.
(9) One representative from the State of Hawaii as appointed by the Governor.
(10) One representative each, as nonvoting, ex officio members, from the
Department of the Interior, United States Coast Guard, Department of Defense,
Department of State, the National Marine Fisheries Service, the Hawaiian
Islands Humpback Whale National Marine Sanctuary, National Science Foun-
dation, Marine Mammal Commission, and Western Pacific Regional Fishery
Management Council.
(g) Report. The Secretary shall provide a progress report on the implementa-
tion of this order to the Chair of the Council on Environmental Quality
within 1 year from the date of this order.
Sec. 6. Area of the Reserve. The Reserve includes the waters and submerged
lands of the Northwestern Hawaiian Islands as follows:
(a) The seaward boundary of the Reserve is 50nm from the approximate
center geographical positions of Nihoa Island, Necker Island, French Frigate
Shoals, Gardner Pinnacles, Maro Reef, Laysan Island, Lisianski Island, Pearl
and Hermes Reef, Midway Atoll, and Kure Island. Where the areas are
not contiguous, parallel lines drawn tangent to and connecting those semi-
circles of the 50nm areas that lie around such areas shall delimit the remain-
der of the Reserve.
(b) The inland boundary of the Reserve around each of the areas named
in subparagraph (a) of this section is the seaward boundary of Hawaii
State waters and submerged lands, and the seaward boundary of the Midway
Atoll National Wildlife Refuge, as appropriate.
(c) The Reserve boundary is generally depicted on the map attached to
this order. The Secretary, after consultation with the Governor of the State
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of Hawaii, may make technical modifications to the boundary of the Reserve,
including providing straight-line boundaries for the Reserve for clarity and
ease of identification, as appropriate.
Sec. 7. Protection and Conservation Measures. The conservation measures
in this section apply throughout the Reserve.
(a) (1) Commercial Fishing. All currently existing commercial Federal
fishing permits and current levels of fishing effort and take, as determined
by the Secretary and pursuant to regulations in effect on the date of this
order, shall be capped as follows:
(A) No commercial fishing may occur in Reserve Preservation Areas pursuant
to section 8 of this order;
(B) There shall be no increase in the number of permits of any particular
type of fishing (such as for bottomfishing) beyond the number of permits
of that type in effect the year preceding the date of this order;
(C) The annual level of aggregate take under all permits of any particular
type of fishing may not exceed the aggregate level of take under all permits
of that type of fishing in the years preceding the date of this order, as
determined by the Secretary, provided that the Secretary shall equitably
divide the aggregate level into individual levels per permit, and further
provided that the Secretary may make a one-time reasonable increase to
the total aggregate to allow for the use of two Native Hawaiian bottomfishing
permits;
(D) There shall be no permits issued for any particular type of fishing
for which there were no permits issued in the year preceding the date
of this order; and
(E) The type of fishing gear used by any permit holder may not be changed
except with the permission of the Secretary, as provided under paragraph
3 of this section.
(2) Recreational Fishing. All currently existing (preceding the date of
this order) levels of recreational fishing effort, as determined by the Secretary
and pursuant to regulations in effect on the day of this order, shall be
capped (i.e., no increase of take levels or levels of fishing effort, species
targeted, or change in gear types) throughout the Reserve. However, fishing
is further restricted as provided in section 8 of this order.
(3) The Secretary, after consultation with the Secretary of the Interior
and Governor of the State of Hawaii, and after public review and comment
and consideration of any advice or recommendations of the Reserve Council
and Western Pacific Regional Fishery Management Council, may further
restrict the fishing activities under subparagraphs (a)(1) and (a)(2) of this
section if necessary to protect Reserve resources, or may authorize or require
alternate gear types if such gear would offer equal or greater protection
for Reserve resources.
(b) In addition to the conservation measures in paragraph (a) of this
section, the following activities are prohibited throughout the Reserve:
(1) Exploring for, developing, or producing oil, gas, or minerals;
(2) Having a vessel anchored on any living or dead coral with an anchor,
an anchor chain, or an anchor rope when visibility is such that the seabed
can be seen;
(3) Drilling into, dredging, or otherwise altering the seabed; or constructing,
placing, or abandoning any structure, material, or other matter on the seabed,
except as an incidental result of anchoring vessels;
(4) Discharging or depositing any material or other matter into the Reserve,
or discharging or depositing any material or other matter outside the Reserve
that subsequently enters the Reserve and injures any resource of the Reserve,
except fish parts (i.e., chumming material or bait) used in and during author-
ized fishing operations, or discharges incidental to vessel use such as deck
wash, approved marine sanitation device effluent, cooling water, and engine
exhaust; and
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(5) Removal, moving, taking, harvesting, or damaging any living or nonliving
Reserve resources, except as provided under paragraph (a) of this section
and sections 8(a) and 9 of this order.
(c) The Secretary may conduct, or authorize by permit the activities listed
in subparagraphs (b)(3)-(5) of this section to the extent that they are necessary
for research, monitoring, education, or management activities that further
the Management Principles of section 4 of this order.
Sec. 8. Reserve Preservation Areas.
(a) To further protect Reserve resources, the following areas are hereby
established as Reserve Preservation Areas until some or all are made perma-
nent after adequate public review and comment, within which all activities
referred to in paragraph (b) of this section are prohibited.
(1) From the seaward boundary of Hawaii State waters and submerged
lands to a mean depth of 100 fathoms (fm) around:
(A) Nihoa Island, provided that bottomfishing in accordance with the require-
ments of section 7(a)(1) of this order shall be allowed to continue seaward
of a mean depth of 10fm, unless and until the Secretary determines otherwise
after adequate public review and comment;
(B) Necker Island, provided that bottomfishing in accordance with the re-
quirements of section 7(a)(1) of this order shall be allowed to continue
seaward of a mean depth of 20fm, unless and until the Secretary determines
otherwise after adequate public review and comment;
(C) French Frigate Shoals;
(D) Gardner Pinnacles, provided that bottomfishing in accordance with the
requirements of section 7(a)(1) of this order shall be allowed to continue
seaward of a mean depth of 10fm, unless and until the Secretary determines
otherwise after adequate public review and comment;
(E) Maro Reef, provided that bottomfishing in accordance with the require-
ments of section 7(a)(1) of this order shall be allowed to continue seaward
of a mean depth of 20fm, unless and until the Secretary determines otherwise
after adequate public review and comment;
(F) Laysan Island, provided that bottomfishing in accordance with the require-
ments of section 7(a)(1) of this order shall be allowed to continue seaward
of a mean depth of 50fm, unless and until the Secretary determines otherwise
after adequate public review and comment;
(G) Lisianski Island, provided that bottomfishing in accordance with the
requirements of section 7(a)(1) of this order shall be allowed to continue
seaward of a mean depth of 50fm, unless and until the Secretary determines
otherwise after adequate public review and comment;
(H) Pearl and Hermes Atoll; and
(I) Kure Island.
(2) Twelve nautical miles around the approximate geographical centers
of:
(A) The first bank immediately east of French Frigate Shoals;
(B) Southeast Brooks Bank, which is the first bank immediately west of
French Frigate Shoals, provided that the closure area shall not be closer
than approximately 3nm of the next bank immediately west;
(C) St. Rogatien Bank, provided that the closure area shall not be closer
than approximately 3nm of the next bank immediately east, provided further
that bottomfishing in accordance with the requirements of section 7(a)(1)
of this order shall be allowed to continue, unless and until the Secretary
determines otherwise after adequate public review and comment;
(D) The first bank west of St. Rogatien Bank, east of Gardner Pinnacles;
(E) Raita Bank; and
(F) Pioneer Bank, provided that bottomfishing in accordance with the require-
ments of section 7(a)(1) of this order shall be allowed to continue, unless
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and until the Secretary determines otherwise after adequate public review
and comment.
(b) Activities Prohibited Within Reserve Preservation Areas.
(1) In addition to the conservation measures in section 7 of this order,
which are applicable to the entire Reserve, the following activities are prohib-
ited within the Reserve Preservation Areas listed in paragraph (a) of this
section, except as expressly otherwise stated in this paragraph and sections
(8)(a) and 9 of this order:
(A) Commercial and recreational fishing;
(B) Anchoring in any area that contains available mooring buoys, or anchoring
outside an available anchoring area when such area has been designated
by the Secretary;
(C) Any type of touching or taking of living or dead coral;
(D) Discharging or depositing any material or other matter except cooling
water or engine exhaust; and
(E) Such other activities that the Secretary identifies after adequate public
review and comment, and after consideration of any advice and recommenda-
tions of the Reserve Council.
(2) Notwithstanding the prohibitions in this paragraph, the Secretary may
conduct, or authorize by permit, research, monitoring, education, or manage-
ment activities within any Reserve Preservation Area that further the Manage-
ment Principles of section 4 of this order.
(3) The Reserve Preservation Areas in this section are approximated using
fathoms. The Secretary will develop straight line boundaries based on lon-
gitude and latitude coordinates to encompass each Reserve Preservation
Area, to provide for clarity and ease of identification. The Secretary may
make technical modifications to any such boundaries.
Sec. 9. Native Hawaiian Uses. Native Hawaiian noncommercial subsistence,
cultural, or religious uses may continue, to the extent consistent with existing
law, within the Reserve and Reserve Preservation Areas identified under
section 8 of this order. The Secretary shall work with Native Hawaiian
interests to identify those areas where such Native Hawaiian uses of the
Reserve’s resources may be conducted without injury to the Reserve’s coral
reef ecosystem and related marine resources and species, and may revise
the areas where such activities may occur after public review and comment,
and consideration of any advice and recommendations of the Reserve Coun-
cil.
Sec. 10. National Wildlife Refuges.
(a) The Secretary of the Interior, in managing, through the U.S. Fish
and Wildlife Service the Hawaiian Islands and Midway Atoll National Wild-
life Refuges pursuant to the National Wildlife Refuge System Administration
Act (16 U.S.C. 668dd-668ee) and other applicable laws, shall follow the
Management Principles of section 4 of this order, to the extent consistent
with applicable law.
(b) Wherever the Reserve overlaps the Hawaiian Islands National Wildlife
Refuge, the Reserve shall be managed to supplement and complement man-
agement of the Refuge to ensure coordinated conservation and management
of the Reserve and the Refuge, consistent with the purposes and policies
of the National Marine Sanctuaries Act, the National Marine Sanctuaries
Amendments Act of 2000, and this order, and the authorities of the U.S.
Fish and Wildlife Service under the National Wildlife Refuge System Admin-
istration Act (16 U.S.C. 668dd-668ee) and other laws with respect to manage-
ment of the Refuge. Nothing in this order shall enlarge or diminish the
jurisdiction or authority of the Secretary or Secretary of the Interior in
managing the Reserve or Refuge, respectively.
(c) The Secretary of the Interior, through the U.S. Fish and Wildlife
Service, shall coordinate with the Secretary and the Governor of the State
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of Hawaii, as provided under section 5(b) of this order, to ensure coordinated
protection and management among the Reserve, Refuges, and State, consistent
with relevant authorities.
Sec. 11. Administration and Judicial Review.
(a) International Law. Management of the Reserve and any regulations
issued pursuant thereto and all other provisions of this order shall be applied
consistently with the 1983 Presidential Proclamation on the Exclusive Eco-
nomic Zone, the 1988 Presidential Proclamation on the Territorial Sea, and
the 1999 Presidential Proclamation on Contiguous Zone and in accordance
with generally recognized principles of international law, and with the trea-
ties, conventions, and other agreements to which the United States is a
party. The Secretary shall consult with the Department of State in imple-
menting this order.
(b) Agency Responsibilities. All Federal agencies whose actions may affect
the Reserve and any National Marine Sanctuary established by the Secretary
pursuant to this order shall carry out such actions in accordance with
applicable laws, regulations and Executive Orders, including Executive Or-
ders 13089 of June 11, 1998, and 13158 of May 26, 2000.
(c) National Security and Emergency Actions. Consistent with applicable
law, nothing in this order is intended to apply to military activities (including
those carried out by the United States Coast Guard), including military
exercises, conducted within or in the vicinity of the Reserve, consistent
with the requirements of Executive Orders 13089 of June 11, 1998, and
13158 of May 26, 2000. Further, nothing in this order is intended to restrict
the Department of Defense from conducting activities necessary during time
of war or national emergency, or when necessary for reasons of national
security as determined by the Secretary of Defense, consistent with applicable
law. In addition, consistent with applicable law, nothing in this order shall
limit agency actions to respond to emergencies posing an unacceptable threat
to human health or safety or to the marine environment and admitting
of no other feasible solution.
(d) United States Coast Guard. Nothing in this order is intended to limit
the authority of the United States Coast Guard to enforce any Federal law,
or install or maintain aids to navigation.
(e) Funding. This order shall be carried out subject to the availability
of appropriated funds and to the extent permitted by law.
(f) Territorial Waters. Nothing in this order shall enlarge or diminish
the jurisdiction or authority of the State of Hawaii or the United States
over submerged or other lands within the territorial waters off the coast
of Hawaii.
(g) Judicial Review. This order does not create any right or benefit, sub-
stantive or procedural, enforceable in law or equity by a party against
the United States, its agencies, its officers, or any person.
œ–
THE WHITE HOUSE,
December 4, 2000.
[FR Doc. 00–31313
Filed 12–6–00; 8:45 am]
Billing code 3195–01–P
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| Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve | 2000-12-04T00:00:00 | 87533d259e2f4e4d99e8a9a4ba083df94525238ddfb3a5c54cb52662c5b586f4 |
Presidential Executive Order | 00-29003 (13175) | Presidential Documents
67249
Federal Register
Vol. 65, No. 218
Thursday, November 9, 2000
Title 3—
The President
Executive Order 13175 of November 6, 2000
Consultation and Coordination With Indian Tribal
Governments
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to establish regular
and meaningful consultation and collaboration with tribal officials in the
development of Federal policies that have tribal implications, to strengthen
the United States government-to-government relationships with Indian tribes,
and to reduce the imposition of unfunded mandates upon Indian tribes;
it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ‘‘Policies that have tribal implications’’ refers to regulations, legislative
comments or proposed legislation, and other policy statements or actions
that have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal Government
and Indian tribes.
(b) ‘‘Indian tribe’’ means an Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the Interior acknowledges
to exist as an Indian tribe pursuant to the Federally Recognized Indian
Tribe List Act of 1994, 25 U.S.C. 479a.
(c) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’
under 44 U.S.C. 3502(1), other than those considered to be independent
regulatory agencies, as defined in 44 U.S.C. 3502(5).
(d) ‘‘Tribal officials’’ means elected or duly appointed officials of Indian
tribal governments or authorized intertribal organizations.
Sec. 2. Fundamental Principles. In formulating or implementing policies
that have tribal implications, agencies shall be guided by the following
fundamental principles:
(a) The United States has a unique legal relationship with Indian tribal
governments as set forth in the Constitution of the United States, treaties,
statutes, Executive Orders, and court decisions. Since the formation of the
Union, the United States has recognized Indian tribes as domestic dependent
nations under its protection. The Federal Government has enacted numerous
statutes and promulgated numerous regulations that establish and define
a trust relationship with Indian tribes.
(b) Our Nation, under the law of the United States, in accordance with
treaties, statutes, Executive Orders, and judicial decisions, has recognized
the right of Indian tribes to self-government. As domestic dependent nations,
Indian tribes exercise inherent sovereign powers over their members and
territory. The United States continues to work with Indian tribes on a
government-to-government basis to address issues concerning Indian tribal
self-government, tribal trust resources, and Indian tribal treaty and other
rights.
(c) The United States recognizes the right of Indian tribes to self-government
and supports tribal sovereignty and self-determination.
Sec. 3. Policymaking Criteria. In addition to adhering to the fundamental
principles set forth in section 2, agencies shall adhere, to the extent permitted
by law, to the following criteria when formulating and implementing policies
that have tribal implications:
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(a) Agencies shall respect Indian tribal self-government and sovereignty,
honor tribal treaty and other rights, and strive to meet the responsibilities
that arise from the unique legal relationship between the Federal Government
and Indian tribal governments.
(b) With respect to Federal statutes and regulations administered by Indian
tribal governments, the Federal Government shall grant Indian tribal govern-
ments the maximum administrative discretion possible.
(c) When undertaking to formulate and implement policies that have tribal
implications, agencies shall:
(1) encourage Indian tribes to develop their own policies to achieve pro-
gram objectives;
(2) where possible, defer to Indian tribes to establish standards; and
(3) in determining whether to establish Federal standards, consult with
tribal officials as to the need for Federal standards and any alternatives
that would limit the scope of Federal standards or otherwise preserve the
prerogatives and authority of Indian tribes.
Sec. 4. Special Requirements for Legislative Proposals. Agencies shall not
submit to the Congress legislation that would be inconsistent with the policy-
making criteria in Section 3.
Sec. 5. Consultation. (a) Each agency shall have an accountable process
to ensure meaningful and timely input by tribal officials in the development
of regulatory policies that have tribal implications. Within 30 days after
the effective date of this order, the head of each agency shall designate
an official with principal responsibility for the agency’s implementation
of this order. Within 60 days of the effective date of this order, the designated
official shall submit to the Office of Management and Budget (OMB) a
description of the agency’s consultation process.
(b) To the extent practicable and permitted by law, no agency shall promul-
gate any regulation that has tribal implications, that imposes substantial
direct compliance costs on Indian tribal governments, and that is not required
by statute, unless:
(1) funds necessary to pay the direct costs incurred by the Indian tribal
government or the tribe in complying with the regulation are provided
by the Federal Government; or
(2) the agency, prior to the formal promulgation of the regulation,
(A) consulted with tribal officials early in the process of developing the
proposed regulation;
(B) in a separately identified portion of the preamble to the regulation
as it is to be issued in the Federal Register, provides to the Director of
OMB a tribal summary impact statement, which consists of a description
of the extent of the agency’s prior consultation with tribal officials, a summary
of the nature of their concerns and the agency’s position supporting the
need to issue the regulation, and a statement of the extent to which the
concerns of tribal officials have been met; and
(C) makes available to the Director of OMB any written communications
submitted to the agency by tribal officials.
(c) To the extent practicable and permitted by law, no agency shall promul-
gate any regulation that has tribal implications and that preempts tribal
law unless the agency, prior to the formal promulgation of the regulation,
(1) consulted with tribal officials early in the process of developing the
proposed regulation;
(2) in a separately identified portion of the preamble to the regulation
as it is to be issued in the Federal Register, provides to the Director of
OMB a tribal summary impact statement, which consists of a description
of the extent of the agency’s prior consultation with tribal officials, a summary
of the nature of their concerns and the agency’s position supporting the
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need to issue the regulation, and a statement of the extent to which the
concerns of tribal officials have been met; and
(3) makes available to the Director of OMB any written communications
submitted to the agency by tribal officials.
(d) On issues relating to tribal self-government, tribal trust resources,
or Indian tribal treaty and other rights, each agency should explore and,
where appropriate, use consensual mechanisms for developing regulations,
including negotiated rulemaking.
Sec. 6. Increasing Flexibility for Indian Tribal Waivers.
(a) Agencies shall review the processes under which Indian tribes apply
for waivers of statutory and regulatory requirements and take appropriate
steps to streamline those processes.
(b) Each agency shall, to the extent practicable and permitted by law,
consider any application by an Indian tribe for a waiver of statutory or
regulatory requirements in connection with any program administered by
the agency with a general view toward increasing opportunities for utilizing
flexible policy approaches at the Indian tribal level in cases in which the
proposed waiver is consistent with the applicable Federal policy objectives
and is otherwise appropriate.
(c) Each agency shall, to the extent practicable and permitted by law,
render a decision upon a complete application for a waiver within 120
days of receipt of such application by the agency, or as otherwise provided
by law or regulation. If the application for waiver is not granted, the agency
shall provide the applicant with timely written notice of the decision and
the reasons therefor.
(d) This section applies only to statutory or regulatory requirements that
are discretionary and subject to waiver by the agency.
Sec. 7. Accountability.
(a) In transmitting any draft final regulation that has tribal implications
to OMB pursuant to Executive Order 12866 of September 30, 1993, each
agency shall include a certification from the official designated to ensure
compliance with this order stating that the requirements of this order have
been met in a meaningful and timely manner.
(b) In transmitting proposed legislation that has tribal implications to
OMB, each agency shall include a certification from the official designated
to ensure compliance with this order that all relevant requirements of this
order have been met.
(c) Within 180 days after the effective date of this order the Director
of OMB and the Assistant to the President for Intergovernmental Affairs
shall confer with tribal officials to ensure that this order is being properly
and effectively implemented.
Sec. 8. Independent Agencies. Independent regulatory agencies are encour-
aged to comply with the provisions of this order.
Sec. 9. General Provisions. (a) This order shall supplement but not supersede
the requirements contained in Executive Order 12866 (Regulatory Planning
and Review), Executive Order 12988 (Civil Justice Reform), OMB Circular
A–19, and the Executive Memorandum of April 29, 1994, on Government-
to-Government Relations with Native American Tribal Governments.
(b) This order shall complement the consultation and waiver provisions
in sections 6 and 7 of Executive Order 13132 (Federalism).
(c) Executive Order 13084 (Consultation and Coordination with Indian
Tribal Governments) is revoked at the time this order takes effect.
(d) This order shall be effective 60 days after the date of this order.
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Sec. 10. Judicial Review. This order is intended only to improve the internal
management of the executive branch, and is not intended to create any
right, benefit, or trust responsibility, substantive or procedural, enforceable
at law by a party against the United States, its agencies, or any person.
œ–
THE WHITE HOUSE,
November 6, 2000.
[FR Doc. 00–29003
Filed 11–8–00; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-27892 (13172) | Presidential Documents
64577
Federal Register
Vol. 65, No. 209
Friday, October 27, 2000
Title 3—
The President
Executive Order 13172 of October 25, 2000
Amendment to Executive Order 13078, To Expand the Role
of the National Task Force on Employment of Adults With
Disabilities To Include a Focus on Youth
By the authority vested in me as President by the Constitution and the
laws of the United States, and in order to provide for improved access
to employment and training for youth with disabilities, it is hereby ordered
that Executive Order 13078 of March 13, 1998, is amended by adding to
section 2 of that order the following new subsection to read as follows:
‘‘(h) To improve employment outcomes for persons with disabilities by
addressing, among other things, the education, transition, employment, health
and rehabilitation, and independent living issues affecting young people
with disabilities, executive departments and agencies shall coordinate and
cooperate with the Task Force to: (1) strengthen interagency research, dem-
onstration, and training activities relating to young people with disabilities;
(2) create a public awareness campaign focused on access to equal oppor-
tunity for young people with disabilities; (3) promote the views of young
people with disabilities through collaboration with the Youth Councils au-
thorized under the Workforce Investment Act of 1998; (4) increase access
to and utilization of health insurance and health care for young people
with disabilities through the formalization of the Federal Healthy and Ready
to Work Interagency Council; (5) increase participation by young people
with disabilities in postsecondary education and training programs; and
(6) create a nationally representative Youth Advisory Council, to be funded
and chaired by the Department of Labor, to advise the Task Force in con-
ducting these and other appropriate activities.’’
œ–
THE WHITE HOUSE,
October 25, 2000.
[FR Doc. 00–27892
Filed 10–26–00; 11:42 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-28299 (13174) | Presidential Documents
65705
Federal Register
Vol. 65, No. 213
Thursday, November 2, 2000
Title 3—
The President
Executive Order 13174 of October 27, 2000
Commission
on
Workers,
Communities,
and
Economic
Change in the New Economy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows:
Section 1. Establishment. There is established the ‘‘Commission on Workers,
Communities, and Economic Change in the New Economy’’ (Commission).
The Commission shall be composed of up to 14 persons to be appointed
by the President from individuals who represent State or local agencies
relating to workforce or community development, economists or other work-
force development experts, labor organizations, business leaders, and Mem-
bers of Congress. The President shall designate a Chairperson from among
the members of the Commission.
Sec. 2. Functions. The Commission shall conduct a study of matters relating
to economic dislocation, and worker and community adjustment to such
dislocations. In carrying out this study, the Commission shall examine:
(a) the impact of international trade, technology, globalization, and the
changing nature of work on both workers and their communities;
(b) the effectiveness of existing Federal programs in assisting workers
and communities in adjusting to economic change, including the adequacy
of the design of such programs;
(c) the strategies for providing workplace education and training to assist
workers in acquiring new skills;
(d) the strategies for assisting communities to adjust to changing economic
conditions and changes in the mix of employment opportunities in those
communities;
(e) the role of public-private partnerships in implementing job training
and community assistance; and
(f) the role of income support and economic security programs in facili-
tating worker adjustment to rapidly changing economic circumstances.
Sec. 3. Report. Not later than 12 months after the first meeting of the
Commission, the Commission shall prepare and submit to the President
and the Congress a report that contains a detailed statement of the findings
and conclusions of the Commission’s study carried out under section 2
of this order, and includes:
(1) a summary of best practices and policies carried out by employers
and public-private partnerships in providing workers with the education
and training needed to effectively adjust to economic change;
(2) a summary of best practices and policies carried out by or on behalf
of communities in responding to large-scale economic changes; and
(3) any recommendations relating to legislative and administrative actions
that the Commission determines to be appropriate.
Sec. 4. Administration. (a) Members of the Commission shall serve without
compensation for their work on the Commission. While engaged in the
work of the Commission, members appointed from among private citizens
of the United States may be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by law for persons serving intermittently
in the Government service (5 U.S.C. 5701-5707).
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(b) The Department of Labor shall provide the Commission with funding
and administrative support. The Commission may have paid staff. In addition,
appropriate Federal agencies may be requested to designate staff to assist
with the work of the Commission. The Secretary of Labor shall perform
the functions of the President under the Federal Advisory Committee Act,
as amended (5 U.S.C. App.), except that of reporting to the Congress, in
accordance with the guidelines and procedures established by the Adminis-
trator of General Services.
Sec. 5. General Provisions. The Commission shall terminate 30 days after
submitting its report.
œ–
THE WHITE HOUSE,
October 27, 2000.
[FR Doc. 00–28299
Filed 11–01–00; 8:45 am]
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Presidential Executive Order | 00-30690 (13176) | Presidential Documents
71233
Federal Register
Vol. 65, No. 231
Thursday, November 30, 2000
Title 3—
The President
Executive Order 13176 of November 27, 2000
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 5 U.S.C. 7301, to further
the purposes of the Presidential Transition Act of 1963, as amended, and
to assist the transition from this Administration to that of the President-
elect, it is hereby ordered as follows:
Section 1. Presidential Transition Coordination. (a) To assist and support
the transition efforts of the President-elect, there is established a Presidential
Transition Coordinating Council (Council).
(b) The Council shall be composed of the following officials or their
designees:
1. Chief of Staff to the President;
2. Counsel to the President;
3. Assistant to the President and Cabinet Secretary;
4. Assistant to the President for Management and Administration;
5. Assistant to the President and Director of Presidential Personnel;
6. Director of the Office of Management and Budget;
7. Director of the Federal Bureau of Investigation;
8. Director of the Office of Personnel Management;
9. Administrator of General Services;
10. Archivist of the United States;
11. Commissioner of Internal Revenue;
12. Director of the Office of Government Ethics; and
13. Such others as the President may select.
(c) The Council shall be chaired by the Chief of Staff to the President
or his designee.
(d) The Council shall coordinate assistance to the President-elect in ful-
filling his responsibilities and make every reasonable effort to facilitate
the transition between administrations. This assistance may include, among
other things, providing publicly available information relevant to facilitating
the personnel aspects of a presidential transition and such other information
that, in the Council’s judgement, is useful and appropriate as long as pro-
viding such information is not otherwise prohibited by law.
Sec. 2. Transition Activities and Materials. (a) The Administrator of General
Services, in consultation with the Director of the Office of Presidential
Personnel, the Director of the Office of Personnel Management, and the
Director of the Office of Government Ethics, shall coordinate orientation
activities for key prospective Presidential appointees.
(b) The Administrator of General Services, in consultation with the Director
of the Office of Presidential Personnel, the Director of the Office of Personnel
Management, and the Archivist of the United States, shall develop a transition
directory. The transition directory shall include Federal publications and
materials that provide information on the officers, organization, and statutory
and administrative authorities, functions, duties, responsibilities, and mission
of each department and agency.
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Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Presidential Documents
(c) The White House Office of Presidential Personnel shall coordinate
with all departments and agencies of the executive branch of the Government
to produce a catalogue of all positions in their respective jurisdictions that
are filled by presidential appointment requiring Senate confirmation (PAS
positions). The catalogue shall include:
(1) the legal authority establishing each PAS position;
(2) a description of duties and statutory authorities of the position;
(3) the names of Senate committees that review nominees for the position;
(4) the names of congressional committees with which appointees in the
position regularly interact; and
(5) the name and contact information of an experienced executive in the
agency or department, a previous office holder or a White House Liaison,
or a comparable individual who can answer questions about the position.
(d) Executive departments and agencies shall prepare a set of orientation
materials for new political appointees before the inauguration of the Presi-
dent-elect. Copies of all such materials shall be provided to the Incoming
Transition Team upon its request.
Sec. 3. Transition Agreement. To assist and support the transition efforts
of the President-elect, a transition agreement between the current Administra-
tion and the Office of the President-elect will be entered into regarding
transition procedures and identification of transition contacts.
œ–
THE WHITE HOUSE,
November 27, 2000.
[FR Doc. 00–30690
Filed 11–28–00; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-31252 (13177) | Presidential Documents
76558
Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Presidential Documents
Executive Order 13177 of December 4, 2000
National Commission on the Use of Offsets in Defense Trade
and President’s Council on the Use of Offsets in Commercial
Trade
By the authority vested in the President by the Constitution and the laws
of the United States of America, including Public Law 106-113 and the
Federal Advisory Committee Act, as amended (5 U.S.C. App. 2), and in
order to implement section 1247 of Public Law 106-113 (113 Stat. 1501A-
502) and to create a parallel ‘‘President’s Council on the Use of Offsets
in Commercial Trade,’’ it is hereby ordered as follows:
Section 1. Membership. Pursuant to Public Law 106-113, the ‘‘National Com-
mission on the Use of Offsets in Defense Trade’’ (Commission) comprises
11 members appointed by the President with the concurrence of the Majority
and Minority Leaders of the Senate and the Speaker and the Minority
Leader of the House of Representatives. The Commission membership in-
cludes: (a) representatives from the private sector, including one each from
(i) a labor organization, (ii) a United States defense manufacturing company
dependent on foreign sales, (iii) a United States company dependent on
foreign sales that is not a defense manufacturer, and (iv) a United States
company that specializes in international investment; (b) two members from
academia with widely recognized expertise in international economics; and
(c) five members from the executive branch, including a member from the:
(i) Office of Management and Budget, (ii) Department of Commerce, (iii)
Department of Defense, (iv) Department of State, and (v) Department of
Labor. The member from the Office of Management and Budget will serve
as Chairperson of the Commission and will appoint, and fix the compensation
of, the Executive Director of the Commission.
Sec. 2. Duties. The Commission will be responsible for reviewing and report-
ing on: (a) current practices by foreign governments in requiring offsets
in purchasing agreements and the extent and nature of offsets offered by
United States and foreign defense industry contractors; (b) the impact of
the use of offsets on defense subcontractors and nondefense industrial sectors
affected by indirect offsets; and (c) the role of offsets, both direct and
indirect, on domestic industry stability, United States trade competitiveness,
and national security.
Sec. 3. Commission Report. Not later than 12 months after the Commission
is established, it will report to the appropriate congressional committees.
In addition to the items described in section 2 of this order, the report
will include: (a) an analysis of (i) the collateral impact of offsets on industry
sectors that may be different than those of the contractor paying offsets,
including estimates of contracts and jobs lost as well as an assessment
of damage to industrial sectors; (ii) the role of offsets with respect to competi-
tiveness of the United States defense industry in international trade and
the potential damage to the ability of United States contractors to compete
if offsets were prohibited or limited; and (iii) the impact on United States
national security, and upon United States nonproliferation objectives, of
the use of co-production, subcontracting, and technology transfer with foreign
governments or companies, that results from fulfilling offset requirements,
with particular emphasis on the question of dependency upon foreign nations
for the supply of critical components or technology; (b) proposals for unilat-
eral, bilateral, or multilateral measures aimed at reducing any detrimental
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Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Presidential Documents
effects of offsets; and (c) an identification of the appropriate executive branch
agencies to be responsible for monitoring the use of offsets in international
defense trade.
Sec. 4. Administration, Compensation, and Termination. (a) The Department
of Defense will provide administrative support and funding for the Commis-
sion and Federal Government employees may be detailed to the Commission
without reimbursement.
(b) Members of the Commission who are not officers or employees of
the Federal Government will be compensated at a rate of basic pay prescribed
for level IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which such member
is engaged in performance of the duties of the Commission. Members of
the Commission who are officers or employees of the Federal Government
will serve without compensation in addition to that received for their services
as officers or employees of the Federal Government.
(c) Members of the Commission will be allowed travel expenses, including
per diem in lieu of subsistence, under subchapter 1 of chapter 57 of title
5, United States Code, while on business in the performance of services
for the Commission.
(d) The Commission will terminate 30 days after transmitting the report
required in section 1248(b) of Public Law 106-113 (113 Stat. 1501A-505).
Sec. 5. Establishment and Membership. (a) There is established, pursuant
to the Federal Advisory Committee Act, as amended (5 U.S.C. App.), the
‘‘President’s Council on the Use of Offsets in Commercial Trade’’ (Council).
(b) The Council shall be composed of the appointed members of the
Commission or their designees.
Sec. 6. Duties and Report of the Council. The Council shall review and
report to the President, through the Director of the Office of Management
and Budget, on the use of offsets in commercial trade, including their
impact on the United States defense and commercial industrial base. The
Council shall consult with and, as appropriate, provide information to the
Commission.
Sec. 7. Administration. (a) The Department of Defense shall provide adminis-
trative support and funding for the Council.
(b) The heads of executive departments and agencies shall, to the extent
permitted by law, provide to the Council such information as it may require
for the purpose of carrying out its duties.
(c) Members of the Council shall serve without compensation.
Sec. 8. General. (a) Notwithstanding any other Executive Order, the functions
of the President under the Federal Advisory Committee Act, as amended,
except that of reporting to the Congress, that are applicable to the Council,
shall be performed by the Department of Defense in accordance with guide-
lines that have been issued by the Administrator of General Services.
(b) The Council shall terminate on the date of the transmission of the
report required by section 1248(b) of Public Law 106-113 (113 Stat. 1501A-
505).
œ–
THE WHITE HOUSE,
December 4, 2000.
[FR Doc. 00–31252
Filed 12–5–00; 8:45 am]
Billing code 3195–01–P
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| National Commission on the Use of Offsets in Defense Trade and President's Council on the Use of Offsets in Commercial Trade | 2000-12-04T00:00:00 | bad94a3ce84ecbcad22ef836a9a4a499742c7a9e01aa9976756f4d898ab52d07 |
Presidential Executive Order | 00-26397 (13169) | Presidential Documents
60581
Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Presidential Documents
Executive Order 13169 of October 6, 2000
Assistance to Small Business Exporters and Dislocated
Workers
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Small Business Act,
15 U.S.C. 631 et seq., the Workforce Investment Act, 29 U.S.C. 2801 et
seq., and the Trade Act of 1974, 19 U.S.C. 2271 et seq., and in order
to assist small businesses, including businesses headed by underserved popu-
lations, in participating in the export of products, and to expedite the
delivery of adjustment assistance to dislocated workers, it is hereby ordered
as follows:
Section 1. Policy. By its accession to the World Trade Organization, the
People’s Republic of China will be required to open its markets to a wide
range of products and services provided by Americans. In addition, the
United States has recently enacted a new law to facilitate trade with the
countries of Sub-Saharan Africa and the Caribbean Basin. Federal agencies
should take steps to assist small businesses, including businesses headed
by underserved populations, in capitalizing on these new opportunities.
The agencies should also take steps to assist workers who lose their jobs
as a result of competition from imports in their efforts to secure adjustment
assistance benefits for which they are eligible.
Sec. 2. Interagency Task Force on Small Business Exports. (a) The Secretaries
of Commerce and Labor, the Administrator of the Small Business Administra-
tion, the United States Trade Representative, and the Chairman of the Export-
Import Bank shall, within 60 days from the date of this order, establish
an interagency task force through the Trade Promotion Coordinating Com-
mittee (TPCC). The task force shall facilitate exports by United States small
businesses, including businesses headed by underserved populations, particu-
larly with respect to the People’s Republic of China and the countries
of Sub-Saharan Africa and the Caribbean Basin. The TPCC shall submit
an annual report to the President on the functions carried out by this
task force during the preceding year. As part of its work, the task force
shall assess the extent to which the establishment of permanent normal
trade relations with the People’s Republic of China, and the United States
enactment of the African Growth and Opportunity Act, 19 U.S.C.A. 3701
et seq., and the United States- Caribbean Basin Trade Partnership Act, 19
U.S.C.A. 2701 note, may contribute to the creation of export opportunities
for small businesses including businesses headed by underserved popu-
lations.
(b) For the purposes of this order, ‘‘businesses headed by underserved
populations’’ means businesses headed by women or minorities, and/or lo-
cated in rural communities.
Sec. 3. Expedited Response to Worker Dislocation. (a) The Secretary of
Labor shall expedite the Federal response to worker dislocation through
the Workforce Investment Act and the Trade Adjustment Assistance program
by proactively seeking information, from a variety of sources, on actual
or prospective layoffs, including the media and community and labor union
members, and by sharing such information with appropriate state workforce
officials. In addition, the Department of Labor (Labor) shall undertake a
number of proactive steps to support public outreach activities aimed at
workers, employers, the media, local officials, the community, and labor
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Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Presidential Documents
organizations and their members to improve awareness of the adjustment
assistance available through Labor programs, including, but not limited to:
(1)
developing a set of methods to inform employers of the services
available through Labor workforce programs, which will explain
the requirements of the Worker Adjustment and Retraining Notifi-
cation Act, 29 U.S.C. 2101 et seq., and provide information on
worker adjustment programs, including the Trade Adjustment As-
sistance and the basic dislocated worker programs, emphasizing the
importance of early intervention to minimize the affects of work
layoffs;
(2)
improving websites and other modes of communication to provide
basic information on dislocated worker and Trade Adjustment As-
sistance program contacts at the State and local level;
(3)
developing a National Toll-Free Help Line to provide universal, ac-
curate, and easy access to information about public workforce serv-
ices to workers and employers;
(4)
providing on-site technical assistance, in partnership with other
Federal agencies, when there are layoffs or closures with multi-
State impact, or when there are dislocations with significant com-
munity impact (such as areas that have been affected by numerous
layoffs of apparel and textile workers);
(5)
informing States directly when a secondary worker impact has
been affirmed by Labor; and
(6)
to the extent permitted by law, and subject to the availability of
appropriations, providing funding or an outreach campaign for sec-
ondary workers (i.e., individuals indirectly affected by increased
imports from other countries).
(b) The Secretary of Labor, in consultation with the Secretary of Commerce
and the United States Trade Representative, shall report annually on the
employment effects of the establishment of permanent normal trade relations
with the People’s Republic of China.
Sec. 4. Judicial Review. This order does not create any right or benefit,
substantive or procedural, enforceable at law by a party against the United
States, its officers, its employees, or any other person.
œ–
THE WHITE HOUSE,
October 6, 2000.
[FR Doc. 00–26397
Filed 10–11–00; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-26716 (13171) | Presidential Documents
61251
Federal Register
Vol. 65, No. 200
Monday, October 16, 2000
Title 3—
The President
Executive Order 13171 of October 12, 2000
Hispanic Employment in the Federal Government
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 representa-
tion of Hispanics in Federal employment, within merit system principles
and consistent with the application of appropriate veterans’ preference cri-
teria, to achieve a Federal workforce drawn from all segments of society,
it is hereby ordered as follows:
Section 1. Policy. It is the policy of the executive branch to recruit qualified
individuals from appropriate sources in an effort to achieve a workforce
drawn from all segments of society. Pursuant to this policy, this Administra-
tion notes that Hispanics remain underrepresented in the Federal workforce:
they make up only 6.4 percent of the Federal civilian workforce, roughly
half of their total representation in the civilian labor force. This Executive
Order, therefore, affirms ongoing policies and recommends additional policies
to eliminate the underpresentation of Hispanics in the Federal workforce.
Sec. 2. Responsibilities of Executive Departments and Agencies. The head
of each executive department and agency (agency) shall establish and main-
tain a program for the recruitment and career development of Hispanics
in Federal employment. In its program, each agency shall:
(a) provide a plan for recruiting Hispanics that creates a fully diverse
workforce for the agency in the 21st century;
(b) assess and eliminate any systemic barriers to the effective recruitment
and consideration of Hispanics, including but not limited to:
(1)
broadening the area of consideration to include applicants from all
appropriate sources;
(2)
ensuring that selection factors are appropriate and achieve the
broadest consideration of applicants and do not impose barriers to
selection based on nonmerit factors; and
(3)
considering the appointment of Hispanic Federal executives to rat-
ing, selection, performance review, and executive resources panels
and boards;
(c) improve outreach efforts to include organizations outside the Federal
Government in order to increase the number of Hispanic candidates in
the selection pool for the Senior Executive Service;
(d) promote participation of Hispanic employees in management, leader-
ship, and career development programs;
(e) ensure that performance plans for senior executives, managers, and
supervisors include specific language related to significant accomplishments
on diversity recruitment and career development and that accountability
is predicated on those plans;
(f) establish appropriate agency advisory councils that include Hispanic
Employment Program Managers;
(g) implement the goals of the Government-wide Hispanic Employment
Initiatives issued by the Office of Personnel Management (OPM) in September
1997 (Nine-Point Plan), and the Report to the President’s Management Coun-
cil on Hispanic Employment in the Federal Government of March 1999;
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(h) ensure that managers and supervisors receive periodic training in
diversity management in order to carry out their responsibilities to maintain
a diverse workforce; and
(i) reflect a continuing priority for eliminating Hispanic underrepresenta-
tion in the Federal workforce and incorporate actions under this order
as strategies for achieving workforce diversity goals in the agency’s Govern-
ment Performance and Results Act (GPRA) Annual Performance Plan.
Sec. 3. Cooperation. All efforts taken by heads of agencies under sections
1 and 2 of this order shall, as appropriate, further partnerships and coopera-
tion among Federal, public, and private sector employers, and appropriate
Hispanic organizations whenever such partnerships and cooperation are pos-
sible and would promote the Federal employment of qualified individuals.
In developing the long-term comprehensive strategies required by section
2 of this order, agencies shall, as appropriate, consult with and seek informa-
tion and advice from experts in the areas of special targeted recruitment
and diversity in employment.
Sec. 4. Responsibilities of the Office of Personnel Management. The Office
of Personnel Management is required by law and regulations to undertake
a Government-wide minority recruitment effort. Pursuant to that on-going
effort and in implementation of this order, the Director of OPM shall:
(a) provide Federal human resources management policy guidance to ad-
dress Hispanic underrepresentation where it occurs;
(b) take the lead in promoting diversity to executive agencies for such
actions as deemed appropriate to promote equal employment opportunity;
(c) within 180 days from the date of this order, prescribe such regulations
as may be necessary to carry out the purposes of this order;
(d) within 60 days from the date of this order, establish an Interagency
Task Force, chaired by the Director and composed of agency officials at
the Deputy Secretary level, or the equivalent. This Task Force shall meet
semi-annually to:
(1)
review best practices in strategic human resources management
planning, including alignment with agency GPRA plans;
(2)
assess overall executive branch progress in complying with the re-
quirements of this order;
(3)
provide advice on ways to increase Hispanic community involve-
ment; and
(4)
recommend any further actions, as appropriate, in eliminating the
underrepresentation of Hispanics in the Federal workforce where
it occurs; and
(e) issue an annual report with findings and recommendations to the
President on the progress made by agencies on matters related to this order.
The first annual report shall be issued no later than 1 year from the date
of this order.
Sec. 5. Judicial Review. This order is intended only to improve the internal
management of the executive branch. It does not create any right or benefit,
substantive or procedural, enforceable in law or equity except as may be
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identified in existing laws and regulations, by a party against the United
States, its agencies, its officers or employees, or any other person.
œ–
THE WHITE HOUSE,
October 12, 2000.
[FR Doc. 00–26716
Filed 10–13–00; 11:14 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-27893 (13173) | Presidential Documents
64579
Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Presidential Documents
Executive Order 13173 of October 25, 2000
Interagency Task Force on the Economic Development of the
Central San Joaquin Valley
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to provide a more
rapid and integrated Federal response to the economic development chal-
lenges of the Central San Joaquin Valley (Valley), it is hereby ordered as
follows:
Section 1.(a) There is established the ‘‘Interagency Task Force on the Eco-
nomic Development of the Central San Joaquin Valley’’ (Task Force).
(b) The Task Force shall include the Secretary of Agriculture, the Secretary
of Commerce, the Secretary of Defense, the Attorney General, the Secretary
of the Interior, the Secretary of Education, the Secretary of Health and
Human Services, the Secretary of Housing and Urban Development, the
Secretary of Energy, the Secretary of Labor, the Secretary of Transportation,
the Secretary of the Treasury, the Director of the Office of Management
and Budget, the Director of National Drug Control Policy, the Administrator
of General Services, the Administrator of the Small Business Administration,
the Administrator of the Environmental Protection Agency, or their designees,
and such other senior executive branch officials as may be determined
by the Task Force. The Chair of the Task Force shall rotate annually among
the Secretaries of Agriculture, Housing and Urban Development, and Com-
merce in an order deter mined by those agency heads. Administrative support
shall be provided by the then-current chair.
(c) The purpose of the Task Force is to coordinate and improve existing
Federal efforts for the Valley, in concert with locally led efforts, in order
to increase the living standards and the overall economic performance of
the Valley. Economic development efforts shall include consideration of
the preservation or enhancement of the natural environment and natural
resources of the Valley. Specifically, the Task Force shall:
(1) analyze programs and policies of Task Force member agencies that
relate to the Valley to determine what changes, modifications, and innova-
tions should be considered, if any;
(2) consider statistical and data analysis, research, and policy studies
related to the Valley;
(3) develop, recommend, and implement short-term and long-term options
for promoting sustainable economic development;
(4) consult and coordinate activities with State, tribal, and local govern-
ments, community leaders, Members of Congress, the private sector, and
other interested parties, paying particular attention to maintaining existing
authorities of the States, tribes, and local governments, and preserving their
existing working relationships with other agencies, organizations, or individ-
uals;
(5) coordinate and collaborate on research and demonstration priorities
of Task Force member agencies related to the Valley;
(6) integrate Federal initiatives and programs into the design of sustainable
economic development actions for the Valley; and
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(7) focus initial efforts on pilot communities for implementing a coordi-
nated and expedited Federal response to local economic development and
other needs.
(d) The Task Force shall issue an interim report to the President by
January 15, 2001. The Task Force shall issue its first annual report to
the President by September 15, 2001, with subsequent reports to follow
annually for a period of 5 years. The reports shall describe the actions
taken by, and progress of, each member of the Task Force in carrying
out this order.
Sec. 2. Specific Activities by Task Force Members and Other Agencies.
The agencies represented on the Task Force shall work together and report
their actions and progress in carrying out this order to the Task Force
Chair one month before the reports are due to the President under section
1(d) of this order.
Sec. 3. Cooperation. All efforts taken by agencies under sections 1 and
2 of this order shall, as appropriate, further partnerships and cooperation
with organizations that represent the Valley and with State, tribal, and
local governments.
Sec. 4. Definitions. (a) ‘‘Agency’’ means an executive agency as defined
in 5 U.S.C. 105.
(b) The Central San Joaquin Valley or ‘‘Valley’’ means the counties of
Fresno, Kern, Kings, Madera, Merced, Stanislaus, and Tulare in the State
of California.
Sec. 5. Judicial Review. This order does not create any right or benefit,
substantive or procedural, enforceable at law by a party against the United
States, its agencies, its officers, or any person.
œ–
THE WHITE HOUSE,
October 25, 2000.
[FR Doc. 00–27893
Filed 10–26–00; 11:42 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-24978 (13168) | Presidential Documents
58217
Federal Register
Vol. 65, No. 188
Wednesday, September 27, 2000
Title 3—
The President
Executive Order 13168 of September 22, 2000
President’s Commission on Improving Economic Opportunity
in Communities Dependent on Tobacco Production While
Protecting Public Health
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows:
Section 1. Establishment. (a) There is established the ‘‘President’s Commis-
sion on Improving Economic Opportunity in Communities Dependent on
Tobacco Production while Protecting Public Health’’ (the ‘‘Commission’’).
The Commission shall be composed of not more than 10 members to be
selected by the Secretary of Agriculture, in consultation with the President.
The members may include tobacco producers and quota holders; public
health experts; Federal, State, and local government representatives; and
experts in agricultural economics and economic development.
(b) Two co-chairs shall be selected by the Secretary of Agriculture from
the membership of the Commission. The co-chairs shall report to the Presi-
dent through the Secretary of Agriculture and the Secretary of Health and
Human Services.
Sec. 2. Purpose. The Commission shall advise the President on changes
occurring in the tobacco farming economy and recommend such measures
as may be necessary to improve economic opportunity and development
in communities that are dependent on tobacco production, while protecting
consumers, particularly children, from hazards associated with smoking.
Sec. 3. Functions. (a) The Commission shall collect and review information
about changes in the tobacco farming economy and Federal, State, and
local initiatives intended to help tobacco growers, tobacco quota holders,
and communities dependent on tobacco production pursue new economic
opportunities. The Commission may make recommendations concerning
these, and any other, changes and initiatives that may be necessary to
improve economic opportunity in communities dependent on tobacco pro-
duction. It shall also consider the public health implications of such changes
and initiatives, including the efforts to reduce youth smoking and tobacco-
related health consequences in the United States and abroad.
(b) For the purpose of carrying out its functions, the Commission may
hold hearings, establish subcommittees, and convene and act at such times
and places as the Commission may find advisable.
Sec. 4. Reports. The Commission shall make a preliminary report to the
President by December 31, 2000. A final report shall be submitted to the
President 6 months after the Commission’s first meeting.
Sec. 5. Administration. (a) To the extent permitted by law, the heads of
executive departments and agencies shall provide the Commission, upon
request, with such information as it may require for the purposes of carrying
out its functions.
(b) While engaged in the work of the Commission, members appointed
from among private citizens of the United States may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by law
for persons serving intermittently in the Government service (5 U.S.C. 5701–
5707) to the extent funds are available for such purposes.
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(c) To the extent permitted by law and subject to the availability of
appropriations, the Department of Agriculture shall provide the Commission
with administrative services, funds, facilities, staff, and other support services
necessary for the performance of the Commission’s functions. Notwith-
standing any other Executive Order, the functions of the President under
the Federal Advisory Committee Act, as amended, except that of reporting
to the Congress, that are applicable to the Committee shall be performed
by the Secretary of Agriculture in accordance with guidelines that have
been issued by the Administration of General Services.
Sec. 6. General. The Commission shall terminate 30 days after submitting
its final report, but not later than 2 years from the date of this order,
unless extended by the President.
œ–
THE WHITE HOUSE,
September 22, 2000.
[FR Doc. 00–24978
Filed 9–26–00; 8:45 am]
Billing code 3195–01–P
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| President's Commission on Improving Economic Opportunity in Communities Dependent on Tobacco Production While Protecting Public Health | 2000-09-22T00:00:00 | 75b2b64c5ce8a12ae042bcbf2690eeaa2af93c4157370ed25f0507d78d10987a |
Presidential Executive Order | 00-26446 (13170) | Presidential Documents
60827
Federal Register
Vol. 65, No. 198
Thursday, October 12, 2000
Title 3—
The President
Executive Order 13170 of October 6, 2000
Increasing Opportunities and Access for Disadvantaged Busi-
nesses
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Small Business Act
(15 U.S.C. 631 et seq.), section 7102 of the Federal Acquisition Streamlining
Act of 1994 (Public Law 103–355, 15 U.S.C. 644 note), the Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.), Executive Order 11625,
and to provide for increased access for disadvantaged businesses to Federal
contracting opportunities, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the executive branch to ensure non-
discrimination in Federal procurement opportunities for businesses in the
Small Disadvantaged Business Program (SDBs), businesses in the section
8(a) Business Development program of the Small Business Administration
(8(a)s), and Minority Business Enterprises (MBEs) as defined in section
6 of Executive Order 11625, of October 13, 1971, and to take affirmative
action to ensure inclusion of these businesses in Federal contracting. These
businesses are of vital importance to job growth and the economic strength
of the United States but have faced historic exclusion and underutilization
in Federal procurement. All agencies within the executive branch with pro-
curement authority are required to take all necessary steps, as permitted
by law, to increase contracting between the Federal Government and SDBs,
8(a)s, and MBEs.
Sec. 2. Responsibilities of Executive Departments and Agencies with Procure-
ment Authority. The head of each executive department and agency shall
carry out the terms of this order and shall designate, where appropriate,
his or her Deputy Secretary or equivalent to implement the terms of this
order.
(a) Each department and agency with procurement authority shall:
(i) aggressively seek to ensure that 8(a)s, SDBs, and MBEs are aware
of future prime contracting opportunities through wide dissemination of
contract announcements, including sources likely to reach 8(a)s, SDBs,
other small businesses, and MBEs. Each department and agency shall
use all available forms of communication to implement this provision,
including the Internet, speciality press, and trade press;
(ii) work with the Small Business Administration (SBA) to ensure that
information regarding sole source contracts awarded through the section
8(a) program receives the widest dissemination possible to 8(a)s;
(iii) ensure that the price evaluation preference programs authorized by
the Federal Acquisition Streamlining Act of 1994 are used to the maximum
extent permitted by law in areas of economic activity in which SDBs
have historically been underused;
(iv) aggressively use the firms in the section 8(a) program, particularly
in the developmental stage of the program, so that these firms have an
opportunity to overcome artificial barriers to Federal contracting and gain
access to the Federal procurement arena;
(v) ensure that department and agency heads take all reasonable steps
so that prime contractors meet or exceed Federal subcontracting goals,
and enforce subcontracting commitments as required by the Small Business
Act (15 U.S.C. 637(d)) and other related laws. In particular, they shall
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ensure that prime contractors actively solicit bids for subcontracting oppor-
tunities from 8(a)s and SDBs, and fulfill their SDB and section 8(d) subcon-
tracting obligations. Enforcement of SDB subcontracting plan commitments
shall include assessments of liquidated damages, where appropriate, pursu-
ant to applicable contract clauses;
(vi) encourage the establishment of business-to-business mentoring and
teaming relationships, including the implementation of Mentor-Protege
programs, to foster the development of the technical and managerial capa-
bilities of 8(a)s and SDBs and to facilitate long-term business relationships;
(vii) offer information, training, and technical assistance programs for 8(a)s
and SDBs including, where appropriate, Government acquisition forecasts
in order to assist 8(a)s and SDBs in developing their products, skills,
business planning practices, and marketing techniques;
(viii) train program and procurement officials regarding the policy of in-
cluding 8(a)s and SDBs in Federal procurement. This includes prescribing
procedures to ensure that acquisition planners, to the maximum extent
practicable, structure acquisitions to facilitate competition by SDBs and
8(a)s, including their participation in the competition of multiple award
requirements;
(ix) provide the information required by the Department of Commerce
when it requests data to develop the benchmarks used in the price evalua-
tion preference programs authorized by the Federal Acquisition Stream-
lining Act of 1994;
(x) ensure that Directors of Offices of Small and Disadvantaged Business
Utilization carry out their responsibilities to maximize the participation
of 8(a)s and SDBs in Federal procurement and, in particular, ensure that
the Directors report directly to the head of each department or agency
as required by law; and
(xi) as required by law, establish with the Small Business Administration
small business goals to ensure that the government-wide goal for participa-
tion of small business concerns is not less than 23 percent of Federal
prime contracts. Where feasible and consistent with the effective and
efficient performance of its mission, each agency shall establish a goal
of achieving a participation rate for SDBs of not less than 5 percent
of the total value of prime contract awards for each fiscal year and of
not less than 5 percent of the total value of subcontract awards for each
year. Each agency shall also establish a goal for awards made to 8(a)
firms pursuant to section 8(a) of the Small Business Act. These goals
shall be considered the minimum goals and every effort shall be taken
to exceed these goals wherever feasible.
(b) Each department and agency with procurement authority shall:
(i) develop a long-term comprehensive plan to implement the requirements
of section 2(a) of this order and submit this plan to the Director of
the Office of Management and Budget (OMB) within 90 days of the date
of this order. The Director of OMB shall review each plan and report
to the President on the sufficiency of each plan to carry out the terms
of this order; and
(ii) annually, by April 30 each year, assess its efforts and the results
of those efforts to increase utilization of 8(a)s, SDBs, and MBEs as both
prime contractors and subcontractors and report on those efforts to the
President through the Director of OMB, who shall review the evaluations
made of the agency assessments by the Small Business Administration.
Sec. 3. Responsibilities of the Small Business Administration. The Adminis-
trator of the SBA shall:
(a) evaluate on a semi-annual basis, using the Federal Procurement Data
System (FPDS), the achievement of government-wide prime and subcontract
goals and the actual prime and subcontract awards to 8(a)s and SDBs for
each department and agency. The OMB shall review SBA’s evaluation;
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(b) ensure that Procurement Center Representatives receive adequate train-
ing regarding the section 8(a) and SDB programs and that they consistently
and aggressively seek opportunities for maximizing the use of 8(a)s and
SDBs in department and agency procurements; and
(c) ensure that each department and agency’s small and disadvantaged
business procurement goals as well as the amount of procurement of each
department and agency with 8(a)s, SDBs, and MBEs is publicly available
in an easily accessible and understandable format such as through publication
on the Internet.
Sec. 4. Federal Advertising. Each department or agency that contracts with
businesses to develop advertising for the department or agency or to broadcast
Federal advertising shall take an aggressive role in ensuring substantial
minority-owned entities’ participation, including 8(a), SDB, and MBE, in
Federal advertising-related procurements. Each department and agency shall
ensure that all creation, placement, and transmission of Federal advertising
is fully reflective of the Nation’s diversity. To achieve this diversity, special
attention shall be given to ensure placement in publications and television
and radio stations that reach specific ethnic and racial audiences. Each
department and agency shall ensure that payment for Federal advertising
is commensurate with fair market rates in the relevant market. Each depart-
ment and agency shall structure advertising contracts as commercial acquisi-
tions consistent with part 12 of the Federal Acquisition Regulation processes
and paperwork to enhance participation by 8(a)s, SDBs, and MBEs.
Sec. 5. Information Technology. Each department and agency shall aggres-
sively seek to ensure substantial 8(a), SDB, and MBE participation in procure-
ments for and related to information technology, including procurements
in the telecommunications industry. In so doing, the Chief Information Officer
in each department and agency shall coordinate with procurement officials
to implement this section.
Sec. 6. General Services Administration Schedules. The SBA and the General
Services Administration (GSA) shall act promptly to expand inclusion of
8(a)s and SDBs on GSA Schedules, and provide greater opportunities for
8(a) and SDB participation in orders under such schedules. The GSA should
ensure that procurement and program officials at all levels that use GSA
Schedules aggressively seek to utilize the Schedule contracts of 8(a)s and
SDBs. The GSA shall allow agencies ordering from designated 8(a) firms
under the Multiple Award Schedule to count those orders toward their
8(a) procurement goals.
Sec. 7. Bundling Contracts. To the extent permitted by law, departments
and agencies must submit to the SBA for review any contracts that are
proposed to be bundled. The determination of the SBA with regard to
the appropriateness of bundling in each instance must be carefully reviewed
by the department or agency head, or his or her designee, and must be
given due consideration. If there is an unresolvable conflict, then the SBA
or the department or agency can seek assistance from the OMB.
Sec. 8. Awards Program. The Secretary of Commerce and the Administrator
of the SBA shall jointly undertake a feasibility study to determine the
appropriateness of an awards program for executive departments and agencies
who best exemplify the letter and intent of this order in increasing opportuni-
ties for 8(a)s, SDBs, and MBEs in Federal procurement. Such study shall
be presented to the President within 90 days of the date of this order.
Sec. 9. Applicability. Independent agencies are requested to comply with
the provisions of this order.
Sec. 10. Administration, Enforcement, and Judicial Review.
(a) This order shall be carried out to the extent permitted by law and
consistent with the Administration’s priorities and appropriations.
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(b) This order is not intended and should not be construed to create
any right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or its employees.
œ–
THE WHITE HOUSE,
October 6, 2000.
[FR Doc. 00–26446
Filed 10–11–00; 8:45 am]
Billing code 3195–01–P
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| Increasing Opportunities and Access for Disadvantaged Businesses | 2000-10-06T00:00:00 | b043458241203e9922a06ea277381d6fe36584609aec77f17c2b858db015850c |
Presidential Executive Order | 00-20670 (13165) | Presidential Documents
49469
Federal Register
Vol. 65, No. 157
Monday, August 14, 2000
Title 3—
The President
Executive Order 13165 of August 9, 2000
Creation of the White House Task Force on Drug Use in
Sports and Authorization for the Director of the Office of Na-
tional Drug Control Policy To Serve as the United States
Government’s Representative on the Board of the World
Anti-Doping Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Office of National
Drug Control Reauthorization Act of 1998, (21 U.S.C. 1701 et seq.), and
in order to develop recommendations for Federal agency actions to address
the use of drugs in sports, in particular among young people, it is hereby
ordered as follows:
Section 1. Policy. The use of drugs in sports has reached a level that
endangers not just the legitimacy of athletic competition but also the lives
and health of athletes—from the elite ranks to youth leagues. The National
Household Survey on Drug Abuse issued in 1999 found that in just 1
year’s time the rate of steroid use among young people rose roughly 50
percent among both sexes and across all age groups. It is the policy of
my Administration to take the steps needed to help eliminate illicit or
otherwise banned drug use and doping in sports at the State, national,
and international level.
Sec. 2. Establishment of a White House Task Force on Drug Use in Sports.
(a) There is established a White House Task Force on Drug Use in Sports
(Task Force). The Task Force shall comprise the co-vice chairs of the White
House Olympic Task Force (the ‘‘Olympic Task Force Vice Chairs’’), and
representatives designated by the Office of National Drug Control Policy,
the Department of Health and Human Services, the Department of Labor,
the President’s Council on Physical Fitness and Sports, the Office of Manage-
ment and Budget, the National Security Council, the Department of State,
the Department of the Treasury, the Department of Education, the Department
of Justice, the Department of Transportation, the National Institute on Drug
Abuse, and the Substance Abuse and Mental Health Services Administration.
(b) The Task Force shall develop recommendations for the President on
further executive and legislative actions that can be undertaken to address
the problem of doping and drug use in sports. In developing the recommenda-
tions, the Task Force shall consider, among other things: (i) the health
and safety of America’s athletes, in particular our Nation’s young people;
(ii) the integrity of honest athletic competition; and (iii) the views and
recommendations of State and local governments, the private sector, citizens,
community groups, and nonprofit organizations, on actions to address this
threat. The Task Force, through its Chairs, shall submit its recommendations
to the President.
(c) The Director of the Office of National Drug Control Policy (the Director),
the Secretary of the Department of Health and Human Services, and the
Olympic Task Force Vice Chairs or their designees shall serve as the Task
Force Chairs.
(d) To the extent permitted by law and at the request of the Chairs,
agencies shall cooperate with and provide information to the Task Force.
Sec. 3. Participation in the World Anti-Doping Agency. (a) As part of my
Administration’s efforts to address the problem of drug use in sports, the
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United States has played a leading role in the formation of a World Anti-
Doping Agency (WADA) by the Olympic and sports community and the
nations of the world. Through these efforts, the United States has been
selected to serve as a governmental representative on the board of the
WADA. This order will authorize the Director to serve as the United States
Government’s representative on the WADA board.
(b) Pursuant to 21 U.S.C. 1701 et seq., the Director, or in his absence
his designee, is hereby authorized to take all necessary and proper actions
to execute his responsibilities as United States representative to the WADA.
(c) To assist the Director in carrying out these responsibilities as the
United States Government representative to the WADA and to the extent
permitted by law, Federal employees may serve in their official capacity,
inter alia, on WADA Committees or WADA advisory committees, serving
as experts to the WADA.
œ–
THE WHITE HOUSE,
August 9, 2000.
[FR Doc. 00–20670
Filed 8–11–00; 8:45 am]
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Presidential Executive Order | 02-448 (13249) | Presidential Documents
639
Federal Register
Vol. 67, No. 4
Monday, January 7, 2002
Title 3—
The President
Executive Order 13249 of December 28, 2001
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102–40) at Schedule 3.
Sec. 2. Senior Executive Service. The rates of basic pay for senior executives
in the Senior Executive Service, as adjusted under 5 U.S.C. 5382, are set
forth on Schedule 4 attached hereto and made a part hereof.
Sec. 3. Executive Salaries. The rates of basic pay or salaries for the following
offices and positions are set forth on the schedules attached hereto and
made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule
7.
Sec. 4. Uniformed Services. Pursuant to section 601 of S. 1438, the National
Defense Authorization Act for Fiscal Year 2002 (which I signed into law
on December 28, 2001), the rates of monthly basic pay (37 U.S.C. 203(a))
for members of the uniformed services and the rate of monthly cadet or
midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached
hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to sections 5304
and 5304a of title 5, United States Code, and in accordance with section
646(a) of the Treasury and General Government Appropriations Act, 2002,
Public Law 107–67, locality-based comparability payments shall be paid
in accordance with Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for administrative
law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule
10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2002. The
other schedules contained herein are effective on the first day of the first
applicable pay period beginning on or after January 1, 2002.
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Sec. 8. Prior Order Superseded. Executive Order 13182 of December 23,
2000, is superseded.
W
THE WHITE HOUSE,
December 28, 2001.
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[FR Doc. 02–448
Filed 1–4–02; 8:45 am]
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Presidential Executive Order | 00-20938 (13166) | Presidential Documents
50121
Federal Register
Vol. 65, No. 159
Wednesday, August 16, 2000
Title 3—
The President
Executive Order 13166 of August 11, 2000
Improving Access to Services for Persons With Limited
English Proficiency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to improve access to federally
conducted and federally assisted programs and activities for persons who,
as a result of national origin, are limited in their English proficiency (LEP),
it is hereby ordered as follows:
Section 1. Goals.
The Federal Government provides and funds an array of services that
can be made accessible to otherwise eligible persons who are not proficient
in the English language. The Federal Government is committed to improving
the accessibility of these services to eligible LEP persons, a goal that reinforces
its equally important commitment to promoting programs and activities de-
signed to help individuals learn English. To this end, each Federal agency
shall examine the services it provides and develop and implement a system
by which LEP persons can meaningfully access those services consistent
with, and without unduly burdening, the fundamental mission of the agency.
Each Federal agency shall also work to ensure that recipients of Federal
financial assistance (recipients) provide meaningful access to their LEP appli-
cants and beneficiaries. To assist the agencies with this endeavor, the Depart-
ment of Justice has today issued a general guidance document (LEP Guid-
ance), which sets forth the compliance standards that recipients must follow
to ensure that the programs and activities they normally provide in English
are accessible to LEP persons and thus do not discriminate on the basis
of national origin in violation of title VI of the Civil Rights Act of 1964,
as amended, and its implementing regulations. As described in the LEP
Guidance, recipients must take reasonable steps to ensure meaningful access
to their programs and activities by LEP persons.
Sec. 2. Federally Conducted Programs and Activities.
Each Federal agency shall prepare a plan to improve access to its federally
conducted programs and activities by eligible LEP persons. Each plan shall
be consistent with the standards set forth in the LEP Guidance, and shall
include the steps the agency will take to ensure that eligible LEP persons
can meaningfully access the agency’s programs and activities. Agencies shall
develop and begin to implement these plans within 120 days of the date
of this order, and shall send copies of their plans to the Department of
Justice, which shall serve as the central repository of the agencies’ plans.
Sec. 3. Federally Assisted Programs and Activities.
Each agency providing Federal financial assistance shall draft title VI
guidance specifically tailored to its recipients that is consistent with the
LEP Guidance issued by the Department of Justice. This agency-specific
guidance shall detail how the general standards established in the LEP
Guidance will be applied to the agency’s recipients. The agency-specific
guidance shall take into account the types of services provided by the
recipients, the individuals served by the recipients, and other factors set
out in the LEP Guidance. Agencies that already have developed title VI
guidance that the Department of Justice determines is consistent with the
LEP Guidance shall examine their existing guidance, as well as their programs
and activities, to determine if additional guidance is necessary to comply
with this order. The Department of Justice shall consult with the agencies
in creating their guidance and, within 120 days of the date of this order,
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each agency shall submit its specific guidance to the Department of Justice
for review and approval. Following approval by the Department of Justice,
each agency shall publish its guidance document in the Federal Register
for public comment.
Sec. 4. Consultations.
In carrying out this order, agencies shall ensure that stakeholders, such
as LEP persons and their representative organizations, recipients, and other
appropriate individuals or entities, have an adequate opportunity to provide
input. Agencies will evaluate the particular needs of the LEP persons they
and their recipients serve and the burdens of compliance on the agency
and its recipients. This input from stakeholders will assist the agencies
in developing an approach to ensuring meaningful access by LEP persons
that is practical and effective, fiscally responsible, responsive to the particular
circumstances of each agency, and can be readily implemented.
Sec. 5. Judicial Review.
This order is intended only to improve the internal management of the
executive branch and does not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the United States,
its agencies, its officers or employees, or any person.
œ–
THE WHITE HOUSE,
August 11, 2000.
[FR Doc. 00–20938
Filed 8–15–00; 8:45 am]
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Presidential Executive Order | 00-19322 (13163) | Presidential Documents
46563
Federal Register
Vol. 65, No. 146
Friday, July 28, 2000
Title 3—
The President
Executive Order 13163 of July 26, 2000
Increasing the Opportunity for Individuals With Disabilities
To Be Employed in the Federal Government
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 an increase
in the opportunities for individuals with disabilities to be employed at
all levels and occupations of the Federal Government, and to support the
goals articulated in section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
791), it is hereby ordered as follows:
Section 1. Increasing the Federal Employment Opportunities for Individuals
with Disabilities. (a) Recent evidence demonstrates that, throughout the
United States, qualified persons with disabilities have been refused employ-
ment despite their availability and qualifications, and many qualified persons
with disabilities are never made aware of available employment opportuni-
ties. Evidence also suggests that increased efforts at outreach, and increased
understanding of the reasonable accommodations available for persons with
disabilities, will permit persons with disabilities to compete for employment
on a more level playing field.
(b) Based on current hiring patterns and anticipated increases from ex-
panded outreach efforts and appropriate accommodations, the Federal Gov-
ernment, over the next 5 years, will be able to hire 100,000 qualified individ-
uals with disabilities. In furtherance of such efforts, Federal agencies shall:
(1) Use available hiring authorities, consistent with statutes, regulations,
and prior Executive orders and Presidential Memoranda;
(2) Expand their outreach efforts, using both traditional and nontraditional
methods; and
(3) Increase their efforts to accommodate individuals with disabilities.
(c) As a model employer, the Federal Government will take the lead
in educating the public about employment opportunities available for individ-
uals with disabilities.
(d) This order does not require agencies to create new positions or to
change existing qualification standards for any position.
Sec. 2. Implementation. Each Federal agency shall prepare a plan to increase
the opportunities for individuals with disabilities to be employed in the
agency. Each agency shall submit that plan to the Office of Personnel Manage-
ment within 60 days from the date of this order.
Sec. 3. Authority to Develop Guidance. The Office of Personnel Management
shall develop guidance on the provisions of this order to increase the opportu-
nities for individuals with disabilities employed in the Federal Government.
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Sec. 4. Judicial Review. This order is intended only to improve the internal
management of the executive branch and does not create any right or benefit,
substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies, its officers, its employees, or any person.
œ–
THE WHITE HOUSE,
July 26, 2000.
[FR Doc. 00–19322
Filed 7–27–00; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-19323 (13164) | Presidential Documents
46565
Federal Register / Vol. 65, No. 146 / Friday, July 28, 2000 / Presidential Documents
Executive Order 13164 of July 26, 2000
Requiring Federal Agencies To Establish Procedures To
Facilitate the Provision of Reasonable Accommodation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.), as amended, and in order to promote a model
Federal workplace that provides reasonable accommodation for (1) individ-
uals with disabilities in the application process for Federal employment;
(2) Federal employees with disabilities to perform the essential functions
of a position; and (3) Federal employees with disabilities to enjoy benefits
and privileges of employment equal to those enjoyed by employees without
disabilities, it is hereby ordered as follows:
Section 1. Establishment of Effective Written Procedures to Facilitate the
Provision of Reasonable Accommodation. (a) Each Federal agency shall estab-
lish effective written procedures for processing requests for reasonable accom-
modation by employees and applicants with disabilities. The written proce-
dures may allow different components of an agency to tailor their procedures
as necessary to ensure the expeditious processing of requests.
(b) As set forth in Re-charting the Course: The First Report of the Presi-
dential Task Force on Employment of Adults with Disabilities (1998), effective
written procedures for processing requests for reasonable accommodation
should include the following:
(1) Explain that an employee or job applicant may initiate a request
for reasonable accommodation orally or in writing. If the agency requires
an applicant or employee to complete a reasonable accommodation request
form for recordkeeping purposes, the form must be provided as an attach-
ment to the agency’s written procedures;
(2) Explain how the agency will process a request for reasonable accommo-
dation, and from whom the individual will receive a final decision;
(3) Designate a time period during which reasonable accommodation re-
quests will be granted or denied, absent extenuating circumstances. Time
limits for decision making should be as short as reasonably possible;
(4) Explain the responsibility of the employee or applicant to provide
appropriate medical information related to the functional impairment at
issue and the requested accommodation where the disability and/or need
for accommodation is not obvious;
(5) Explain the agency’s right to request relevant supplemental medical
information if the information submitted does not clearly explain the
nature of the disability, or the need for the reasonable accommodation,
or does not otherwise clarify how the requested accommodation will assist
the employee to perform the essential functions of the job or to enjoy
the benefits and privileges of the workplace;
(6) Explain the agency’s right to have medical information reviewed by
a medical expert of the agency’s choosing at the agency’s expense;
(7) Provide that reassignment will be considered as a reasonable accommo-
dation if the agency determines that no other reasonable accommodation
will permit the employee with a disability to perform the essential func-
tions of his or her current position;
(8) Provide that reasonable accommodation denials be in writing and
specify the reasons for denial;
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(9) Ensure that agencies’ systems of recordkeeping track the processing
of requests for reasonable accommodation and maintain the confidentiality
of medical information received in accordance with applicable law and
regulations; and
(10) Encourage the use of informal dispute resolution processes to allow
individuals with disabilities to obtain prompt reconsideration of denials
of reasonable accommodation. Agencies must also inform individuals with
disabilities that they have the right to file complaints in the Equal Employ-
ment Opportunity process and other statutory processes, as appropriate,
if their requests for reasonable accommodation are denied.
Sec. 2. Submission of Agency Reasonable Accommodation Procedures to
the Equal Employment Opportunity Commission (EEOC). Within 1 year from
the date of this order, each agency shall submit its procedures to the EEOC.
Each agency shall also submit to the EEOC any modifications to its reasonable
accommodation procedures at the time that those modifications are adopted.
Sec. 3. Collective Bargaining Obligations. In adopting their reasonable accom-
modation procedures, agencies must honor their obligations to notify their
collective bargaining representatives and bargain over such procedures to
the extent required by law.
Sec. 4. Implementation. The EEOC shall issue guidance for the implementa-
tion of this order within 90 days from the date of this order.
Sec. 5. Construction and Judicial Review. (a) Nothing in this order limits
the rights that individuals with disabilities may have under the Rehabilitation
Act of 1973, as amended.
(b) This order is intended only to improve the internal management of
the executive branch and does not create any right or benefit, substantive
or procedural, enforceable at law or equity by a party against the United
States, its agencies, its officers, its employees, or any person.
œ–
THE WHITE HOUSE,
July 26, 2000.
[FR Doc. 00–19323
Filed 7–27–00; 8:45 am]
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Presidential Executive Order | 00-17174 (13161) | Presidential Documents
41543
Federal Register
Vol. 65, No. 129
Wednesday, July 5, 2000
Title 3—
The President
Executive Order 13161 of June 29, 2000
Establishment of the Presidential Medal of Valor for Public
Safety Officers
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is ordered:
Section 1. The Presidential Medal of Valor for Public Safety Officers (Medal)
is established for the purpose of recognizing those public safety officers
adjudged to have shown extraordinary valor above and beyond the call
of duty in the exercise of their official duties. As used in this section,
the term ‘‘public safety officer’’ means a person serving a public agency
with or without compensation:
(1) as a law enforcement officer, including police, correctional, probation,
or parole officers;
(2) as a firefighter or emergency responder; and
(3) who is employed by the Government of the United States, any State
of the United States, any officially recognized elective body within a State
of the United States, or any Federally recognized tribal organization.
Sec. 2. Eligible recipients generally will be recommended to the President
by the Attorney General by April 1 of each year. Pursuant to 36 U.S.C.
136–137, the President designates May 15 of each year as ‘‘Peace Officers
Memorial Day’’ and the week in which it falls as ‘‘Police Week.’’ Presentation
of the Medal shall occur at an appropriate time during the commemoration
of Police Week, as far as is practicable.
Sec. 3. The President may select for the Medal up to ten persons annually
from among those persons recommended to the President by the Attorney
General. In submitting recommendations to the President, the Attorney Gen-
eral may consult with experts representing all segments of the public safety
sector, including representatives from law enforcement, firefighters, and
emergency services.
Sec. 4. Those chosen for recognition shall receive a medal and a certificate,
the designs of which shall be submitted by the Attorney General for the
President’s approval no later than December 1, 2000. The medal and certifi-
cate shall be prepared by the Department of Justice.
Sec. 5. The Medal may be given posthumously.
œ–
THE WHITE HOUSE,
June 29, 2000.
[FR Doc. 00–17174
Filed 7–3–00; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 00-17829 (13162) | Presidential Documents
43211
Federal Register
Vol. 65, No. 134
Wednesday, July 12, 2000
Title 3—
The President
Executive Order 13162 of July 6, 2000
Federal Career Intern Program
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 in order to provide for the recruitment
and selection of exceptional employees for careers in the public sector,
it is hereby ordered as follows:
Section 1. There is hereby constituted the Federal Career Intern Program
(Program). The purpose of the Program is to attract exceptional men and
women to the Federal workforce who have diverse professional experiences,
academic training, and competencies, and to prepare them for careers in
analyzing and implementing public programs. ‘‘Career Intern’’ is a generic
term, and agencies may use occupational titles as appropriate.
Sec. 2. The Program is another step in the Administration’s effort to recruit
the highest caliber people to the Federal Government, develop their profes-
sional abilities, and retain them in Federal departments and agencies. Cabinet
secretaries and agency administrators should view the Program as com-
plementary to existing programs that provide career enhancement opportuni-
ties for Federal employees, and departments and agencies are encouraged
to identify and make use of those programs, as well as the new Program,
to meet department and agency needs.
Sec. 3. (a) The Office of Personnel Management (OPM) shall develop appro-
priate merit-based procedures for the recruitment, screening, placement, and
continuing career development of Career Interns.
(b) In developing those procedures, the OPM shall provide for such actions
as deemed appropriate to assure equal employment opportunity and the
application of appropriate veterans’ preference criteria.
Sec. 4. (a) A successful candidate shall be appointed to a position in Schedule
B of the excepted service at the GS–5, 7, or 9 (and equivalent) or other
trainee level appropriate for the Program, unless otherwise approved by
the OPM. The appointment shall not exceed 2 years unless extended by
the Federal department or agency, with the concurrence of the OPM, for
up to 1 additional year.
(b) Tenure for a Career Intern shall be governed by the following principles
and policies:
(1)
Assigned responsibilities shall be consistent with a Career Intern’s
competencies and career interests, and the purposes of the Pro-
gram.
(2)
Continuation in the Program shall be contingent upon satisfactory
performance by the Career Intern throughout the internship period.
(3)
Except as provided in subsections (4) and (5) of this section, serv-
ice as a Career Intern confers no rights to further Federal employ-
ment in either the competitive or excepted service upon the expira-
tion of the internship period.
(4)
Competitive civil service status may be granted to a Career Intern
who satisfactorily completes the internship and meets all other re-
quirements prescribed by the OPM.
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(5)
Within an agency, an employee who formerly held a career or ca-
reer-conditional appointment immediately before entering the Ca-
reer Intern Program, and who fails to complete the Career Intern
Program for reasons unrelated to misconduct or suitability, shall
be placed in a career or career-conditional position in the current
agency at no lower grade or pay than the one the employee left
to accept the position in the Career Intern Program.
Sec. 5. A Career Intern shall participate in a formal program of training
and job assignments to develop competencies that the OPM identifies as
core to the Program, and the employing agency identifies as appropriate
to the agency’s mission and needs.
Sec. 6. The OPM shall prescribe such regulations as it determines necessary
to carry out the purpose of this order.
Sec. 7. The OPM shall provide oversight of the Program.
Sec. 8. Executive Order 12596 of May 7, 1987, is revoked.
Sec. 9. Judicial Review. This order is intended only to improve the internal
management of the executive branch. It does not create any right or benefit,
substantive or procedural, enforceable in law or equity, by a party against
the United States, its agencies, its officers or employees, or any other person.
œ–
THE WHITE HOUSE,
July 6, 2000.
[FR Doc. 00–17829
Filed 7–11–00; 8:45 am]
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| Federal Career Intern Program | 2000-07-06T00:00:00 | 5e430bc11b8240b52433d0eb5f9cb78352c9f665421b0eb90af4b3efe585bf27 |
Presidential Executive Order | 00-16434 (13160) | Presidential Documents
39775
Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Presidential Documents
Executive Order 13160 of June 23, 2000
Nondiscrimination on the Basis of Race, Sex, Color, National
Origin, Disability, Religion, Age, Sexual Orientation, and Sta-
tus as a Parent in Federally Conducted Education and Train-
ing Programs
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 921–932 of title
20, United States Code; section 2164 of title 10, United States Code; section
2001 et seq., of title 25, United States Code; section 7301 of title 5, United
States Code; and section 301 of title 3, United States Code, and to achieve
equal opportunity in Federally conducted education and training programs
and activities, it is hereby ordered as follows:
Section 1. Statement of policy on education programs and activities con-
ducted by executive departments and agencies.
1–101. The Federal Government must hold itself to at least the same prin-
ciples of nondiscrimination in educational opportunities as it applies to
the education programs and activities of State and local governments, and
to private institutions receiving Federal financial assistance. Existing laws
and regulations prohibit certain forms of discrimination in Federally con-
ducted education and training programs and activities—including discrimina-
tion against people with disabilities, prohibited by the Rehabilitation Act
of 1973, 29 U.S.C. 701 et seq., as amended, employment discrimination
on the basis of race, color, national origin, sex, or religion, prohibited by
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-17, as amended,
discrimination on the basis of race, color, national origin, or religion in
educational programs receiving Federal assistance, under Title VI of the
Civil Rights Acts of 1964, 42 U.S.C. 2000d, and sex-based discrimination
in education programs receiving Federal assistance under Title IX of the
Education Amendments of 1972, 20 U.S.C. 1681 et seq. Through this Execu-
tive Order, discrimination on the basis of race, sex, color, national origin,
disability, religion, age, sexual orientation, and status as a parent will be
prohibited in Federally conducted education and training programs and
activities.
1–102. No individual, on the basis of race, sex, color, national origin, dis-
ability, religion, age, sexual orientation, or status as a parent, shall be ex-
cluded from participation in, be denied the benefits of, or be subjected
to discrimination in, a Federally conducted education or training program
or activity.
Sec. 2. Definitions.
2–201. ‘‘Federally conducted education and training programs and activities’’
includes programs and activities conducted, operated, or undertaken by
an executive department or agency.
2–202. ‘‘Education and training programs and activities’’ include, but are
not limited to, formal schools, extracurricular activities, academic programs,
occupational training, scholarships and fellowships, student internships,
training for industry members, summer enrichment camps, and teacher train-
ing programs.
2–203. The Attorney General is authorized to make a final determination
as to whether a program falls within the scope of education and training
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programs and activities covered by this order, under subsection 2–202, or
is excluded from coverage, under section 3.
2–204. ‘‘Military education or training programs’’ are those education and
training programs conducted by the Department of Defense or, where the
Coast Guard is concerned, the Department of Transportation, for the primary
purpose of educating or training members of the armed forces or meeting
a statutory requirement to educate or train Federal, State, or local civilian
law enforcement officials pursuant to 10 U.S.C. Chapter 18.
2–205. ‘‘Armed Forces’’ means the Armed Forces of the United States.
2–206. ‘‘Status as a parent’’ refers to the status of an individual who, with
respect to an individual who is under the age of 18 or who is 18 or
older but is incapable of self-care because of a physical or mental disability,
is:
(a)
a biological parent;
(b)
an adoptive parent;
(c)
a foster parent;
(d)
a stepparent;
(e)
a custodian of a legal ward;
(f)
in loco parentis over such an individual; or
(g)
actively seeking legal custody or adoption of such an individual.
Sec. 3. Exemption from coverage.
3–301. This order does not apply to members of the armed forces, military
education or training programs, or authorized intelligence activities. Members
of the armed forces, including students at military academies, will continue
to be covered by regulations that currently bar specified forms of discrimina-
tion that are now enforced by the Department of Defense and the individual
service branches. The Department of Defense shall develop procedures to
protect the rights of and to provide redress to civilians not otherwise pro-
tected by existing Federal law from discrimination on the basis of race,
sex, color, national origin, disability, religion, age, sexual orientation, or
status as a parent and who participate in military education or training
programs or activities conducted by the Department of Defense.
3–302. This order does not apply to, affect, interfere with, or modify the
operation of any otherwise lawful affirmative action plan or program.
3–303. An individual shall not be deemed subjected to discrimination by
reason of his or her exclusion from the benefits of a program established
consistent with federal law or limited by Federal law to individuals of
a particular race, sex, color, disability, national origin, age, religion, sexual
orientation, or status as a parent different from his or her own.
3–304. This order does not apply to ceremonial or similar education or
training programs or activities of schools conducted by the Department
of the Interior, Bureau of Indian Affairs, that are culturally relevant to
the children represented in the school. ‘‘Culturally relevant’’ refers to any
class, program, or activity that is fundamental to a tribe’s culture, customs,
traditions, heritage, or religion.
3–305. This order does not apply to (a) selections based on national origin
of foreign nationals to participate in covered education or training programs,
if such programs primarily concern national security or foreign policy mat-
ters; or (b) selections or other decisions regarding participation in covered
education or training programs made by entities outside the executive branch.
It shall be the policy of the executive branch that education or training
programs or activities shall not be available to entities that select persons
for participation in violation of Federal or State law.
3–306. The prohibition on discrimination on the basis of age provided
in this order does not apply to age-based admissions of participants to
education or training programs, if such programs have traditionally been
age-specific or must be age- limited for reasons related to health or national
security.
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Sec. 4. Administrative enforcement.
4–401. Any person who believes himself or herself to be aggrieved by
a violation of this order or its implementing regulations, rules, policies,
or guidance may, personally or through a representative, file a written com-
plaint with the agency that such person believes is in violation of this
order or its implementing regulations, rules, policies, or guidance. Pursuant
to procedures to be established by the Attorney General, each executive
department or agency shall conduct an investigation of any complaint by
one of its employees alleging a violation of this Executive Order.
4–402. (a) If the office within an executive department or agency that is
designated to investigate complaints for violations of this order or its imple-
menting rules, regulations, policies, or guidance concludes that an employee
has not complied with this order or any of its implementing rules, regulations,
policies, or guidance, such office shall complete a report and refer a copy
of the report and any relevant findings or supporting evidence to an appro-
priate agency official. The appropriate agency official shall review such
material and determine what, if any, disciplinary action is appropriate.
(b) In addition, the designated investigating office may provide appropriate
agency officials with a recommendation for any corrective and/or remedial
action. The appropriate officials shall consider such recommendation and
implement corrective and/or remedial action by the agency, when appro-
priate. Nothing in this order authorizes monetary relief to the complainant
as a form of remedial or corrective action by an executive department
or agency.
4–403. Any action to discipline an employee who violates this order or
its implementing rules, regulations, policies, or guidance, including removal
from employment, where appropriate, shall be taken in compliance with
otherwise applicable procedures, including the Civil Service Reform Act
of 1978, Public Law No. 95–454, 92 Stat. 1111.
Sec. 5. Implementation and Agency Responsibilities.
5–501. The Attorney General shall publish in the Federal Register such
rules, regulations, policies, or guidance, as the Attorney General deems
appropriate, to be followed by all executive departments and agencies. The
Attorney General shall address:
a.
which programs and activities fall within the scope of education
and training programs and activities covered by this order, under
subsection 2–202, or excluded from coverage, under section 3 of
this order;
b.
examples of discriminatory conduct;
c.
applicable legal principles;
d.
enforcement procedures with respect to complaints against employ-
ees;
e.
remedies;
f.
requirements for agency annual and tri-annual reports as set forth
in section 6 of this order; and
g.
such other matters as deemed appropriate.
5–502. Within 90 days of the publication of final rules, regulations, policies,
or guidance by the Attorney General, each executive department and agency
shall establish a procedure to receive and address complaints regarding
its Federally conducted education and training programs and activities. Each
executive department and agency shall take all necessary steps to effectuate
any subsequent rules, regulations, policies, or guidance issued by the Attor-
ney General within 90 days of issuance.
5–503. The head of each executive department and agency shall be respon-
sible for ensuring compliance within this order.
5–504. Each executive department and agency shall cooperate with the Attor-
ney General and provide such information and assistance as the Attorney
General may require in the performance of the Attorney General’s functions
under this order.
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Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Presidential Documents
5–505. Upon request and to the extent practicable, the Attorney General
shall provide technical advice and assistance to executive departments and
agencies to assist in full compliance with this order.
Sec. 6. Reporting Requirements.
6–601. Consistent with the regulations, rules, policies, or guidance issued
by the Attorney General, each executive department and agency shall submit
to the Attorney General a report that summarizes the number and nature
of complaints filed with the agency and the disposition of such complaints.
For the first 3 years after the date of this order, such reports shall be
submitted annually within 90 days of the end of the preceding year’s activi-
ties. Subsequent reports shall be submitted every 3 years and within 90
days of the end of each 3-year period.
Sec. 7. General Provisions.
7–701. Nothing in this order shall limit the authority of the Attorney General
to provide for the coordinated enforcement of nondiscrimination require-
ments in Federal assistance programs under Executive Order 12250.
Sec. 8. Judicial Review.
8–801. This order is not intended, and should not be construed, to create
any right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or its employees.
This order is not intended, however, to preclude judicial review of final
decisions in accordance with the Administrative Procedure Act, 5 U.S.C.
701, et seq.
œ–
THE WHITE HOUSE,
June 23, 2000.
[FR Doc. 00–16434
Filed 6–26–00; 12:47 pm]
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| Nondiscrimination on the Basis of Race, Sex, Color, National Origin, Disability, Religion, Age, Sexual Orientation, and Status as a Parent in Federally Conducted Education and Training Programs | 2000-06-23T00:00:00 | cca55c1d2e358b204291d92c44d8632277725605897d82ef4b3538b01cff09e2 |
Presidential Executive Order | 00-24364 (13167) | Presidential Documents
57079
Federal Register
Vol. 65, No. 183
Wednesday, September 20, 2000
Title 3—
The President
Executive Order 13167 of September 15, 2000
Amendment to Executive Order 13147, Increasing the Mem-
bership of the White House Commission on Complementary
and Alternative Medicine Policy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory Com-
mittee Act, as amended (5 U.S.C. App.), and in order to increase the member-
ship of the White House Commission on Complementary and Alternative
Medicine Policy from not more than 15 members to up to 20 members,
it is hereby ordered that the second sentence of section 1 of Executive
Order 13147 of May 7, 2000, is amended by deleting ‘‘not more than 15’’
and inserting ‘‘up to 20’’ in lieu thereof.
œ–
THE WHITE HOUSE,
September 15, 2000.
[FR Doc. 00–24364
Filed 9–19–00; 8:45 am]
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| Amendment to Executive Order 13147, Increasing the Membership of the White House Commission on Complementary and Alternative Medicine Policy | 2000-09-15T00:00:00 | 69e901991118b91d2b728706f732b0fa68ec7e9d18b2179fd99c8f35791042dc |
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