[House Document 114-190]
[From the U.S. Government Publishing Office]






                                     

114th Congress, 2d Session - - - - - - - - - House Document 114-190
 
TAKING ADDITIONAL STEPS TO ADDRESS THE NATIONAL EMERGENCY WITH RESPECT 
           TO SIGNIFICANT MALICIOUS CYBER-ENABLED ACTIVITIES

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

  ADDITIONAL STEPS TO ADDRESS THE NATIONAL EMERGENCY WITH RESPECT TO 
SIGNIFICANT MALICIOUS CYBER-ENABLED ACTIVITIES AS DECLARED IN EXECUTIVE 
ORDER 13694 OF APRIL 1, 2015, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW 
                  95-223 SEC. 204(b); (91 STAT. 1627)

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 December 30, 2016.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

69-011                         WASHINGTON : 2016                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                                           The White House,
                                     Washington, December 28, 2016.
Hon. Paul D. Ryan,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby 
report that I have issued an Executive Order (the ``order'') 
that takes additional steps to address the increasing use of 
significant malicious cyber-enabled activities to undermine 
democratic processes or institutions. These steps have been 
taken with respect to the national emergency declared in 
Executive Order 13694 of April 1, 2015.
    The order amends section 1(a) of Executive Order 13694 by 
providing authority for blocking the property and interests in 
property of any person determined by the Secretary of the 
Treasury, in consultation with the Attorney General and the 
Secretary of State, to be responsible for or complicit in, or 
to have engaged in, directly or indirectly, cyber-enabled 
activities originating from, or directed by persons located, in 
whole or in substantial part, outside the United States that 
are reasonably likely to result in, or have materially 
contributed to, a significant threat to the national security, 
foreign policy, or economic health or financial stability of 
the United States and that have the purpose or effect of 
tampering with, altering, or causing a misappropriation of 
information with the purpose or effect of interfering with or 
undermining election processes or institutions. The order also 
blocks the property and interests in property of the persons 
listed in the Annex to the order.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Attorney General and 
Secretary of State, to take such actions, including the 
promulgation of rules and regulations, and to employ all powers 
granted to the President by IEEPA as may be necessary to carry 
out the purposes of the order. All agencies of the United 
States Government are directed to take all appropriate measures 
within their authority to carry out the provisions of the 
order.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                                      Barack Obama.
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      

                            Executive Order

                              ----------                              


Taking Additional Steps To Address the National Emergency With Respect 
           to Significant Malicious Cyber-Enabled Activities

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United 
States Code,
    I, BARACK OBAMA, President of the United States of America, 
in order to take additional steps to deal with the national 
emergency with respect to significant malicious cyber-enabled 
activities declared in Executive Order 13694 of April 1, 2015, 
and in view of the increasing use of such activities to 
undermine democratic processes or institutions, hereby order:
    Section 1. Section 1(a) of Executive Order 13694 is hereby 
amended to read as follows:
    ``Section 1. (a) All property and interests in property 
that are in the United States, that hereafter come within the 
United States, or that are or hereafter come within the 
possession or control of any United States person of the 
following persons are blocked and may not be transferred, paid, 
exported, withdrawn, or otherwise dealt in:
    (i) the persons listed in the Annex to this order;
    (ii) any person determined by the Secretary of the 
Treasury, in consultation with the Attorney General and the 
Secretary of State, to be responsible for or complicit in, or 
to have engaged in, directly or indirectly, cyber-enabled 
activities originating from, or directed by persons located, in 
whole or in substantial part, outside the United States that 
are reasonably likely to result in, or have materially 
contributed to, a significant threat to the national security, 
foreign policy, or economic health or financial stability of 
the United States and that have the purpose or effect of:
          (A) harming, or otherwise significantly compromising 
        the provision of services by, a computer or network of 
        computers that support one or more entities in a 
        critical infrastructure sector;
          (B) significantly compromising the provision of 
        services by one or more entities in a critical 
        infrastructure sector;
          (C) causing a significant disruption to the 
        availability of a computer or network of computers;
          (D) causing a significant misappropriation of funds 
        or economic resources, trade secrets, personal 
        identifiers, or financial information for commercial or 
        competitive advantage or private financial gain; or
          (E) tampering with, altering, or causing a 
        misappropriation of information with the purpose or 
        effect of interfering with or undermining election 
        processes or institutions; and
    (iii) any person determined by the Secretary of the 
Treasury, in consultation with the Attorney General and the 
Secretary of State:
          (A) to be responsible for or complicit in, or to have 
        engaged in, the receipt or use for commercial or 
        competitive advantage or private financial gain, or by 
        a commercial entity, outside the United States of trade 
        secrets misappropriated through cyber-enabled means, 
        knowing they have been misappropriated, where the 
        misappropriation of such trade secrets is reasonably 
        likely to result in, or has materially contributed to, 
        a significant threat to the national security, foreign 
        policy, or economy of the United States;
          (B) to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of, any 
        activity described in subsections (a)(ii) or 
        (a)(iii)(A) of this section or any person whose 
        property and interests in property are blocked pursuant 
        to this order;
          (C) to be owned or controlled by, or to have acted or 
        purported to act for or on behalf of, directly or 
        indirectly, any person whose property and interests in 
        property are blocked pursuant to this order; or
          (D) to have attempted to engage in any of the 
        activities described in subsections (a)(ii) and 
        (a)(iii)(A)-(C) of this section.''
    Sec. 2. Executive Order 13694 is further amended by adding 
as an Annex to Executive Order 13694 the Annex to this order.
    Sec. 3. Executive Order 13694 is further amended by 
redesignating section 10 as section 11 and adding a new section 
10 to read as follows:
    ``Sec. 10. The Secretary of the Treasury, in consultation 
with the Attorney General and the Secretary of State, is hereby 
authorized to determine that circumstances no longer warrant 
the blocking of the property and interests in property of a 
person listed in the Annex to this order, and to take necessary 
action to give effect to that determination.''
    Sec. 4. This order is not intended to, and does not, create 
any right or benefit, substantive or procedural, enforceable at 
law or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or 
agents, or any other person.
    Sec. 5. This order is effective at 12:01 a.m. eastern 
standard time on December 29, 2016.

                                                      Barack Obama.
    The White House, December 28, 2016.
    
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    
                    [all]