[Title 3 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2022 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 3
The President
________________________
Revised as of January 1, 2022
2021 Compilation and Parts 100-102
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
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U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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................................................................
TABLE OF CONTENTS
Page
List of Title 3 Compilations......................................... iv
Explanation of the Code of Federal Regulations....................... vi
Explanation of This Title............................................ ix
How To Cite This Title............................................... xi
Title 3............................................................ xiii
2021 Compilation--Presidential Documents......................... 1
Chapter I--Executive Office of the President................... 833
Title 3 Finding Aids................................................ 843
Tables......................................................... 845
List of CFR Sections Affected.................................. 877
Index.......................................................... 879
CFR Finding Aids.................................................... 889
Table of CFR Titles and Chapters............................... 891
Alphabetical List of Agencies Appearing in the CFR............. 911
[[Page iv]]
TITLE 3 COMPILATIONS
------------------------------------------------------------------------
Title 3 Compilations Proclamations Executive Orders
------------------------------------------------------------------------
1936-1938...................... 2161-2286......... 7316-7905
1938-1943...................... 2287-2587......... 7906-9347
1943-1948...................... 2588-2823......... 9348-10025
1949-1953...................... 2824-3041......... 10026-10510
1954-1958...................... 3042-3265......... 10511-10797
1959-1963...................... 3266-3565......... 10798-11134
1964-1965...................... 3566-3694......... 11135-11263
1966-1970...................... 3695-4025......... 11264-11574
1971-1975...................... 4026-4411......... 11575-11893
1976........................... 4412-4480......... 11894-11949
1977........................... 4481-4543......... 11950-12032
1978........................... 4544-4631......... 12033-12110
1979........................... 4632-4709......... 12111-12187
1980........................... 4710-4812......... 12188-12260
1981........................... 4813-4889......... 12261-12336
1982........................... 4890-5008......... 12337-12399
1983........................... 5009-5142......... 12400-12456
1984........................... 5143-5291......... 12457-12497
1985........................... 5292-5424......... 12498-12542
1986........................... 5425-5595......... 12543-12579
1987........................... 5596-5759......... 12580-12622
1988........................... 5760-5928......... 12623-12662
1989........................... 5929-6084......... 12663-12698
1990........................... 6085-6240......... 12699-12741
1991........................... 6241-6398......... 12742-12787
1992........................... 6399-6520......... 12788-12827
1993........................... 6521-6643......... 12828-12890
1994........................... 6644-6763......... 12891-12944
1995........................... 6764-6859......... 12945-12987
1996........................... 6860-6965......... 12988-13033
1997........................... 6966-7061......... 13034-13071
1998........................... 7062-7161......... 13072-13109
1999........................... 7162-7262......... 13110-13144
2000........................... 7263-7389......... 13145-13185
2001........................... 7263-7516......... 13145-13251
2002........................... 7517-7635......... 13252-13282
2003........................... 7636-7748......... 13283-13323
2004........................... 7749-7858......... 13324-13368
2005........................... 7859-7972......... 13369-13394
2006........................... 7873-8098......... 13395-13421
2007........................... 8099-8214......... 13422-13453
2008........................... 8215-8334......... 13454-13483
2009........................... 8335-8469......... 13484-13527
2010........................... 8470-8621......... 13528-13562
2011........................... 8622-8772......... 13563-13596
2012........................... 8773-8925......... 13597-13635
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2013........................... 8926-9075......... 13636-13655
2014........................... 9076-9226......... 13656-13686
2015........................... 9227-9387......... 13687-13715
2016........................... 9388-9562......... 13716-13757
2017........................... 9563-9688......... 13758-13819
2018........................... 9689-9835......... 13820-13856
2019........................... 9836-9975......... 13857-13901
2020........................... 9976-10131........ 13902-13970
2021........................... 10132-10333....... 13971-14061
------------------------------------------------------------------------
Beginning with 1976, Title 3 compilations also include regulations
contained in Chapter I, Executive Office of the President.
Supplementary publications include: Presidential documents of the Hoover
Administration (two volumes), Proclamations 1870-2037 and Executive
Orders 5076-6070; Consolidated Indexes for 1936-1965; and Consolidated
Tables for 1936-1965.
[[Page vi]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, January 1, 2022), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
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instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vii]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
not dropped in error.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed as
an approved incorporation by reference, please contact the agency that
issued the regulation containing that incorporation. If, after
contacting the agency, you find the material is not available, please
notify the Director of the Federal Register, National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001,
or call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
[[Page viii]]
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, 8601 Adelphi Road, College Park, MD
20740-6001 or e-mail [email protected].
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ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers of the Presidents of the United
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Compilation are available in electronic format via www.govinfo.gov. For
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Connect to NARA's website at www.archives.gov/federal-register.
The e-CFR is a regularly updated, unofficial editorial compilation
of CFR material and Federal Register amendments, produced by the Office
of the Federal Register and the Government Publishing Office. It is
available at www.ecfr.gov.
Oliver A. Potts,
Director,
Office of the Federal Register
January 1, 2022
[[Page ix]]
EXPLANATION OF THIS TITLE
This volume of ``Title 3--The President'' contains a compilation of
Presidential documents and a codification of regulations issued by the
Executive Office of the President.
The 2021 Compilation contains the full text of those documents
signed by the President that were required to be published in the
Federal Register. Signature date rather than publication date is the
criterion for inclusion. With each annual volume, the Presidential
documents signed in the previous year become the new compilation.
Chapter I contains regulations issued by the Executive Office of the
President. This section is a true codification like other CFR volumes,
in that its contents are organized by subject or regulatory area and are
updated by individual issues of the Federal Register.
Presidential documents in this volume may be cited ``3 CFR, 2021
Comp.'' Thus, the preferred abbreviated citation for Proclamation 10132
appearing on page 1 of this book, is ``3 CFR, 2021 Comp., p. 1.''
Chapter I entries may be cited ``3 CFR.'' Thus, the preferred
abbreviated citation for section 100.1, appearing in chapter I of this
book, is ``3 CFR 100.1.''
This book is one of the volumes in a series that began with
Proclamation 2161 of March 19, 1936, and Executive Order 7316 of March
13, 1936, and that has been continued by means of annual compilations
and periodic cumulations. The entire Title 3 series, as of January 1,
2022, is encompassed in the volumes listed on page iv.
For readers interested in proclamations and Executive orders prior
to 1936, there is a two-volume set entitled Proclamations and Executive
Orders, Herbert Hoover (March 4, 1929, to March 4, 1933). Codified
Presidential documents are published in the Codification of Presidential
Proclamations and Executive Orders (April 13, 1945--January 20, 1989).
Other public Presidential documents not required to be published in the
Federal Register, such as speeches, messages to Congress, and
statements, can be found in the Compilation of Presidential Documents
and the Public Papers of the Presidents series. A selection of these
Office of the Federal Register publications are available for sale from
the Superintendent of Documents, Government Publishing Office,
Washington, DC 20402.
This book was prepared under the direction of John Hyrum Martinez,
Director of the Publications and Services Division; Kimberly R.
Tilliman, Supervisor of the Presidential and Legislative Publications
Unit; and Lois M. Davis, Editor.
[[Page xi]]
________________________________________________________________________
Cite Presidential documents in this volume
3 CFR, 2021 Comp.
thus: 3 CFR, 2021 Comp., p. 1
________________________________________________________________________
Cite chapter I entries in this volume
3 CFR
thus: 3 CFR 100.1
________________________________________________________________________
[[Page xiii]]
________________________________________________________________________
TITLE 3--THE PRESIDENT
Page
2021 Compilation--Presidential Documents:
Proclamations.................................................... 1
Executive Orders............................................... 371
Other Presidential Documents................................... 737
Chapter I--Executive Office of the President:
Part 100........................................................ 834
Part 101........................................................ 834
Part 102........................................................ 834
Finding Aids:
Table 1--Proclamations.......................................... 845
Table 2--Executive Orders....................................... 851
Table 3--Other Presidential Documents........................... 857
Table 4--Presidential Documents Affected During 2021............ 861
Table 5--Statutes Cited as Authority for Presidential Documents. 871
List of CFR Sections Affected................................... 877
Index........................................................... 879
CFR Finding Aids:
Table of CFR Titles and Chapters................................ 891
Alphabetical List of Agencies Appearing in the CFR.............. 911
XXXXX
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2021 Compilation--Presidential Documents
________________________________________________________________________
Proclamations
________________________________________________________________________
Proclamation 10132 of January 10, 2021
Honoring United States Capitol Police Officers
By the President of the United States of America
A Proclamation
As a sign of respect for the service and sacrifice of United States
Capitol Police Officers Brian D. Sicknick and Howard Liebengood, and all
Capitol Police Officers and law enforcement across this great Nation, by
the authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, I hereby
order that the flag of the United States shall be flown at half-staff at
the White House and upon all public buildings and grounds, at all
military posts and naval stations, and on all naval vessels of the
Federal Government in the District of Columbia and throughout the United
States and its Territories and possessions until sunset, January 13,
2021. I also direct that the flag shall be flown at half-staff for the
same length of time at all United States embassies, legations, consular
offices, and other facilities abroad, including all military facilities
and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP
[[Page 2]]
Proclamation 10133 of January 14, 2021
To Continue Facilitating Positive Adjustment to Competition From Imports
of Large Residential Washers
By the President of the United States of America
A Proclamation
1. On January 23, 2018, pursuant to section 203 of the Trade Act of
1974, as amended (the ``Trade Act'') (19 U.S.C. 2253), I issued
Proclamation 9694, which imposed a safeguard measure for a period of 3
years plus 1 day comprising both a tariff-rate quota (TRQ) on imports of
large residential washers (washers) provided for in subheadings
8450.11.00 and 8450.20.00 of the Harmonized Tariff Schedule of the
United States (HTS) and a TRQ on covered washer parts provided for in
subheadings 8450.90.20 and 8450.90.60 of the HTS. I exempted covered
imports from Canada and certain designated beneficiary countries under
the Generalized System of Preferences (GSP) from the application of the
measure.
2. On May 16, 2019, I issued Proclamation 9887, which removed Turkey
from the list of GSP beneficiary countries, and modified the safeguard
measure so that imports from Turkey were no longer excluded. On May 31,
2019, I issued Proclamation 9902, which removed India from the list of
GSP beneficiary countries, and modified the safeguard measure so that
imports from India were no longer excluded.
3. On August 7, 2019, the United States International Trade Commission
(ITC) issued its report pursuant to section 204(a)(2) of the Trade Act
(19 U.S.C. 2254(a)(2)), on the results of its monitoring of developments
with respect to the domestic washers industry (ITC, Large Residential
Washers: Monitoring Developments in the Domestic Industry, No. TA-204-
013). After taking into account the information provided in the ITC's
report and receiving a petition from the representative of the majority
of the domestic industry, I determined that the domestic industry had
begun to make positive adjustment to import competition but that,
despite that adjustment, increased imports of washers at peak times of
the year impaired the effectiveness of the action I proclaimed in
Proclamation 9694. On January 23, 2020, pursuant to sections
204(b)(1)(B) and 204(b)(2) of the Trade Act (19 U.S.C. 2254(b)(1)(B) and
(b)(2)), I issued Proclamation 9979 to modify the action I took in
Proclamation 9694 by allocating on a quarterly basis, within-quota
quantities of 1.2 million units during the third year of the action,
beginning February 7, 2020.
4. On December 8, 2020, in response to a petition by the representatives
of the domestic industry, the ITC issued its determination and report
pursuant to section 204(c) of the Trade Act (19 U.S.C. 2254(c)), finding
that the safeguard measure I imposed continues to be necessary to
prevent or remedy the serious injury to the domestic industry, and that
there is evidence that the domestic industry is making a positive
adjustment to import competition (ITC, Large Residential Washers:
Extension of Action, No. TA-201-076 (Extension)).
5. Section 203(e)(1)(B) of the Trade Act (19 U.S.C. 2253(e)(1)(B))
authorizes the President, after receiving an affirmative determination
from the ITC pursuant to section 204(c) of the Trade Act (19 U.S.C.
2254(c)), to extend
[[Page 3]]
the effective period of any action taken under section 203 of the Trade
Act if the President determines that the action continues to be
necessary to prevent or remedy the serious injury and there is evidence
that the domestic industry is making a positive adjustment to import
competition.
6. Pursuant to section 203(e)(1)(B) of the Trade Act (19 U.S.C.
2253(e)(1)(B)), I have determined that the action continues to be
necessary to prevent or remedy the serious injury to the domestic
washers industry and there is evidence that the domestic washers
industry is making a positive adjustment to import competition, and I
have further determined to extend the safeguard measure proclaimed in
Proclamation 9694, as modified, as follows:
(a) continuation of the tariff-rate quota on imports of washers
described in paragraph 1 of this proclamation for an additional period
of 2 years, with unchanging within-quota quantities, annual reductions
in the rates of duties entered within those quantities in the fourth and
fifth years, and annual reductions in the rates of duty applicable to
goods entered in excess of those quantities in the fourth and fifth
years; and
(b) continuation of the tariff-rate quota on imports of covered
washer parts described in paragraph 1 of this proclamation for an
additional period of 2 years, with increasing within-quota quantities
and annual reductions in the rates of duty applicable to goods entered
in excess of those quantities in the fourth and fifth years.
7. As provided in Proclamation 9694, as modified by Proclamations 9887
and 9902, this safeguard measure shall apply to imports from all
countries, except for products of Canada and except as provided in
paragraph 8 of this proclamation.
8. As I further provided in Proclamation 9694, as modified by
Proclamations 9887 and 9902, this safeguard measure shall not apply to
imports of any product described in paragraph 1 of this proclamation of
a developing country that is a Member of the World Trade Organization
(WTO), as listed in subdivision (b)(2) of Note 17 in the Annex to this
proclamation, as long as such country's share of total imports of the
product, based on imports during a recent representative period, does
not exceed 3 percent, provided that imports that are the product of all
such countries with less than 3 percent import share collectively
account for not more than 9 percent of total imports of the product. If
I determine that a surge in imports of a product described in paragraph
1 of this proclamation of a developing country that is a WTO Member
results in imports of that product from that developing country
exceeding either of the thresholds described in this paragraph, the
safeguard measure shall be modified to apply to such product from such
country. In addition, if I determine within 60 days of the date of this
proclamation, as a result of consultations between the United States and
other WTO Members pursuant to Article 12.3 of the WTO Agreement on
Safeguards, that it is necessary to modify the terms of extension of the
safeguard measure, or to terminate the safeguard measure, I shall
proclaim the corresponding modification or termination within 40 days of
the date of my determination.
9. As I further provided in Proclamation 9694, the in-quota quantity in
each year under the tariff-rate quota described in subparagraph (a) of
paragraph 6 of this proclamation shall be allocated on a quarterly basis
as provided for in Proclamation 9979.
[[Page 4]]
10. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the relevant provisions
of that Act, and of other acts affecting import treatment, and actions
thereunder, including the removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
203, 204, and 604 of the Trade Act, do proclaim that:
(1) In order to extend the measure applicable to imports of washers and
covered parts described in paragraph 1 of this proclamation, subchapter III
of chapter 99 of the HTS is modified as set forth in the Annex to this
proclamation. Any merchandise subject to the safeguard measure that is
admitted into United States foreign trade zones on or after 12:01 a.m.,
eastern standard time, on February 8, 2021, must be admitted as
``privileged foreign status'' as defined in 19 CFR 146.41, and will be
subject upon entry for consumption to any tariffs or quantitative
restrictions related to the classification under the applicable HTS
subheading.
(2) Imports of washers and covered washer parts that are the product of
Canada shall continue to be excluded from the safeguard measure extended by
this proclamation, and such imports shall not be counted toward the tariff-
rate quota limits that trigger the over-quota rates of duty.
(3) Except as provided in clause (4) below, imports of washers and covered
washer parts that are the product of WTO Member developing countries, as
listed in subdivision (b)(2) of Note 17 in the Annex to this proclamation,
shall continue to be excluded from the safeguard measure extended by this
proclamation, and such imports shall not be counted toward the tariff-rate
quota limits that trigger the over-quota rates of duties.
(4) If, after the extension proclaimed herein is in effect, the United
States Trade Representative (USTR) determines that:
(a) the share of total imports of the product of a country listed in
subdivision (b)(2) of Note 17 in the Annex to this proclamation exceeds 3
percent;
(b) imports of the product from all listed countries with less than 3
percent import share collectively account for more than 9 percent of total
imports of the product; or
(c) a country listed in subdivision (b)(2) of Note 17 in the Annex to
this proclamation is no longer a developing country for purposes of this
proclamation;
the USTR is authorized, upon publication of a notice in the Federal
Register, to revise subdivision (b)(2) of Note 17 in the Annex to this
proclamation to remove the relevant country from the list or suspend
operation of that subdivision, as appropriate.
(5) If, after the extension proclaimed herein is in effect, the USTR
determines that the out-of-quota quantity in units of covered washer parts
entered under the tariff lines in chapter 99 enumerated in the Annex to
this proclamation has increased by an unjustifiable amount and undermines
the effectiveness of the safeguard measure, the USTR is authorized, upon
publication of a notice in the Federal Register of such determination, to
[[Page 5]]
modify the HTS provisions created by the Annex to this proclamation so as
to modify the tariff-rate quota on covered washer parts with a quantitative
restriction on covered washer parts at a level that the USTR considers
appropriate.
(6) In order to continue allocating, on a quarterly basis, the within-quota
quantities of the TRQ limits applicable to imports of washers under HTS
subheadings 8450.11.00 and 8450.20.00, subchapter III of chapter 99 of the
HTS is modified as set forth in the Annex to this proclamation. These
allocations shall continue in effect as provided in the Annex to this
proclamation, unless such actions are earlier expressly reduced, modified,
or terminated.
(7) One year from the termination of the safeguard measure established in
this proclamation, the U.S. note and tariff provisions established in the
Annex to this proclamation shall be deleted from the HTS.
(8) Any provision of previous proclamations and Executive Orders that is
inconsistent with the actions taken in this proclamation is superseded to
the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP
[[Page 6]]
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Proclamation 10134 of January 15, 2021
Religious Freedom Day, 2021
By the President of the United States of America
A Proclamation
Faith inspires hope. Deeply embedded in the heart and soul of our
Nation, this transcendent truth has compelled men and women of
uncompromising conscience to give glory to God by worshiping both openly
and privately, lifting up themselves and others in prayer. On Religious
Freedom Day, we pledge to always protect and cherish this fundamental
human right.
When the Pilgrims first crossed the Atlantic Ocean more than 400 years
ago in pursuit of religious freedom, their dedication to this first
freedom shaped the character and purpose of our Nation. Later, with the
signing of the Declaration of Independence, the Constitution, and the
Bill of Rights, their deep desire to practice their religion unfettered
from government intrusion was realized. Since then, the United States
has set an example for the world in permitting believers to live out
their faith in freedom.
Over the past 4 years, my Administration has worked tirelessly to honor
the vision of our Founders and defend our proud history of religious
liberty. From day one, we have taken action to restore the foundational
link between faith and freedom and promote a culture of religious
liberty. My Administration has protected the rights of individual
religious believers, communities of faith, and faith-based
organizations. We have defended religious liberty domestically and
around the world. For example, I signed an Executive Order Promoting
Free Speech and Religious Liberty to ensure that faith-based
organizations would not be forced to compromise their religious beliefs
as they serve their communities. This includes defending the rights of
religious orders to care for the infirm and elderly without being fined
out of existence for refusing to facilitate access to services that
violate their faith.
We have also protected healthcare providers' rights not to be forced to
perform procedures that violate their most deeply-held convictions.
Additionally, we have ended the misguided policies of denying access to
educational funding to historically black colleges and universities
because of their religious character and of denying loan forgiveness to
those who perform public services at religious organizations. Throughout
this difficult year, we have continued these efforts, cutting red tape
to ensure houses of worship and other faith-based organizations could
receive Paycheck Protection Program loans on the same grounds and with
the same parameters as any other entity. We have also aggressively
defended faith communities against overreach by State and local
governments that have tried to shut down communal worship. Together, we
have honored the sanctity of every life, protected the rights of
Americans to follow their conscience, and preserved the historical
tradition of religious freedom in our country.
While Americans enjoy the blessings of religious liberty, we must never
forget others around the world who are denied this unalienable right.
Sadly, millions of people across the globe are persecuted and
discriminated against for their faith. My Administration has held
foreign governments accountable for trampling--in many cases,
egregiously so--on religious liberty. In 2019, to shed light on this
important issue, I welcomed survivors
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of religious persecution from 16 countries in the Oval Office, including
Christians, Jews, and Muslims, and made history by standing before the
United Nations General Assembly and calling on all nations of the world
to stop persecuting people of faith. The United States will never waver
in these efforts to expand religious liberty around the world and calls
on all nations to respect the rights of its citizens to live according
to their beliefs and conscience.
On Religious Freedom Day, we honor the vision of our Founding Fathers
for a Nation made strong and righteous by a people free to exercise
their faith and follow their conscience. As Americans united in
unparalleled freedom, we recommit to safeguarding and preserving
religious freedom across our land and around the world.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim January 16, 2021, as
Religious Freedom Day. I call on all Americans to commemorate this day
with events and activities that remind us of our shared heritage of
religious liberty and that teach us how to secure this blessing both at
home and around the world.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP
Proclamation 10135 of January 15, 2021
Martin Luther King, Jr., Federal Holiday, 2021
By the President of the United States of America
A Proclamation
On August 28, 1963, just a century after the Emancipation Proclamation,
the Reverend Dr. Martin Luther King, Jr. led more than 200,000 Americans
in a March on Washington in pursuit of jobs and freedom for all people.
Standing on the steps of the Lincoln Memorial, he called on Americans
``to sit down together at the table of brotherhood'' and meet our
promise of life, liberty, and the pursuit of happiness for all. On that
historic day, and throughout his life, Dr. King exemplified the
quintessential American belief that we will leave a brighter, more
prosperous future for our children. Today, we honor and celebrate Dr.
King, a giant of the civil rights movement whose nonviolent resistance
to the injustices of his era--racial segregation, employment
discrimination, and the denial of the right to vote--enlightened our
Nation and the world.
In the face of tumult and upheaval, Dr. King reminded us to always meet
anger with compassion in order to truly ``heal the hurts, right the
wrongs and change society.'' It is with this same spirit of forgiveness
that we come together to bind the wounds of past injustice by lifting up
one another regardless of race, gender, creed, or religion, and rising
to the first principles
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enshrined in our founding documents. Indeed, Dr. King described our
Constitution and Declaration of Independence as promissory notes left by
our Founding Fathers for ``every American to fall heir.'' His dream,
rooted in the American Dream, was that our children might be ``judged
not by the color of their skin, but by the content of their character.''
This dream, he hoped, would finally let freedom ring for all people.
As Dr. King stated in 1961, at the heart of his dream is ``equality of
opportunity.'' For Dr. King, the march toward civil rights is
intertwined with economic empowerment. My Administration has fully
embraced this spirit, taking historic action to create jobs and uplift
every community across our country and reaching the lowest unemployment
rate for Black Americans ever recorded. Through the Tax Cuts and Jobs
Act of 2017, we created nearly 9,000 Opportunity Zones that have
produced more than $75 billion in new investment in distressed
neighborhoods. My Administration has supported our Nation's incredible
Historically Black Colleges and Universities (HBCUs) in several ways,
including by establishing the President's Board of Advisors on HBCUs,
reauthorizing more than $85 million in funding for them through the
FUTURE Act, and allocating $930 million in higher education emergency
relief through the CARES Act. As President, I have fully committed to
the educational and economic empowerment of minority communities and
young people across our Nation--and the progress we have made must
continue into the future.
It is clear now more than ever before that we can no longer allow the
American Dream to be deferred for Black Americans. However, in this
march toward equality, we cannot permit any ``creative protest to
degenerate into physical violence.'' As a student of nonviolence, Dr.
King called on us not to ``satisfy the thirst for freedom by drinking
from the cup of bitterness and hatred.'' In the national effort to
achieve freedom and equality, and in this shared love of country, we
must endeavor with all our might to meet the promissory notes endowed to
us by our Founding Fathers, as Dr. King fervently wished.
With the same dream, faith, and hope championed by the Reverend Dr.
Martin Luther King, Jr., we recommit to upholding his legacy and meeting
our sacred obligation to protect the unalienable rights of all
Americans.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim January 18, 2021, as
the Martin Luther King, Jr., Federal Holiday. On this day, I encourage
all Americans to recommit themselves to Dr. King's dream by engaging in
acts of service to others, to their community, and to our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP
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Proclamation 10136 of January 17, 2021
National Sanctity of Human Life Day, 2021
By the President of the United States of America
A Proclamation
Every human life is a gift to the world. Whether born or unborn, young
or old, healthy or sick, every person is made in the holy image of God.
The Almighty Creator gives unique talents, beautiful dreams, and a great
purpose to every person. On National Sanctity of Human Life Day, we
celebrate the wonder of human existence and renew our resolve to build a
culture of life where every person of every age is protected, valued,
and cherished.
This month, we mark nearly 50 years since the United States Supreme
Court's Roe v. Wade decision. This constitutionally flawed ruling
overturned State laws that banned abortion, and has resulted in the loss
of more than 50 million innocent lives. But strong mothers, courageous
students, and incredible community members and people of faith are
leading a powerful movement to awaken America's conscience and restore
the belief that every life is worthy of respect, protection, and care.
Because of the devotion of countless pro-life pioneers, the call for
every person to recognize the sanctity of life is resounding more loudly
in America than ever before. Over the last decade, the rate of abortions
has steadily decreased, and today, more than three out of every four
Americans support restrictions on abortion.
Since my first day in office, I have taken historic action to protect
innocent lives at home and abroad. I reinstituted and strengthened
President Ronald Reagan's Mexico City Policy, issued a landmark pro-life
rule to govern the use of Title Ten taxpayer funding, and took action to
protect the conscience rights of doctors, nurses, and organizations like
the Little Sisters of the Poor. My Administration has protected the
vital role of faith-based adoption. At the United Nations, I made clear
that global bureaucrats have no business attacking the sovereignty of
nations that protect innocent life. Just a few months ago, our Nation
also joined 32 other countries in signing the Geneva Consensus
Declaration, which bolsters global efforts to provide better healthcare
to women, protect all human life, and strengthen families.
As a Nation, restoring a culture of respect for the sacredness of life
is fundamental to solving our country's most pressing problems. When
each person is treated as a beloved child of God, individuals can reach
their full potential, communities will flourish, and America will be a
place of even greater hope and freedom. That is why it was my profound
privilege to be the first President in history to attend the March for
Life, and it is what motives my actions to improve our Nation's adoption
and foster care system, secure more funding for Down syndrome research,
and expand health services for single mothers. Over the past 4 years, I
have appointed more than 200 Federal judges who apply the Constitution
as written, including three Supreme Court Justices--Neil Gorsuch, Brett
Kavanaugh, and Amy Coney Barrett. I also increased the child tax credit,
so that mothers are financially supported as they take on the noble task
of raising strong and healthy children. And, recently, I signed an
Executive Order on Protecting Vulnerable Newborn and Infant Children,
which defends the truth that
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every newborn baby has the same rights as all other individuals to
receive life-saving care.
The United States is a shining example of human rights for the world.
However, some in Washington are fighting to keep the United States among
a small handful of nations--including North Korea and China--that allow
elective abortions after 20 weeks. I join with countless others who
believe this is morally and fundamentally wrong, and today, I renew my
call on the Congress to pass legislation prohibiting late-term abortion.
Since the beginning, my Administration has been dedicated to lifting up
every American, and that starts with protecting the rights of the most
vulnerable in our society--the unborn. On National Sanctity of Human
Life Day, we promise to continue speaking out for those who have no
voice. We vow to celebrate and support every heroic mother who chooses
life. And we resolve to defend the lives of every innocent and unborn
child, each of whom can bring unbelievable love, joy, beauty, and grace
into our Nation and the entire world.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim January 22, 2021, as
National Sanctity of Human Life Day. Today, I call on the Congress to
join me in protecting and defending the dignity of every human life,
including those not yet born. I call on the American people to continue
to care for women in unexpected pregnancies and to support adoption and
foster care in a more meaningful way, so every child can have a loving
home. And finally, I ask every citizen of this great Nation to listen to
the sound of silence caused by a generation lost to us, and then to
raise their voices for all affected by abortion, both seen and unseen.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP
Proclamation 10137 of January 17, 2021
National School Choice Week, 2021
By the President of the United States of America
A Proclamation
As we mark National School Choice Week, my Administration reaffirms its
commitment to solving the civil rights issue of our time: educational
inequity. We have made substantial progress on this front, but we must
continue our efforts to ensure that each and every family in America has
the freedom to choose an education that best meets their needs and
values.
Our Nation currently spends more money per pupil than almost every other
industrialized country in the world, yet nearly two-thirds of our youth
are not proficient readers, and students across all age groups continue
to struggle in math. These failures are largely the result of a one-
size-
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fits-all, industrial-style approach to education. Currently, students
are assigned to schools based on where they live, so only those whose
families can afford to move to a better-performing school district or
can afford private school tuition have a choice in the learning
environment that best fits their child's needs. That is fundamentally
unfair and unjust. All Americans, no matter their family income, deserve
the opportunity to choose the best educational option for them.
What is often forgotten is that the failures of this rigid arrangement
disproportionately affect racial minorities and distressed communities,
perpetuating a cycle of poverty. We can no longer allow America's
classrooms to be an exception to our Nation's promise of equal
opportunity for all. Instead, we must provide equal access to a quality
education for every American student, no matter where they reside. In
the land of the free, a child's zip code should never determine their
future.
That is why, I recently issued an Executive Order on Expanding
Educational Opportunity through School Choice that provides in-person
options for low-income parents forced to send their children to virtual
school during the pandemic. But we must continue this progress.
Therefore, I renew my call to the Congress to pass the Education Freedom
Scholarships and Opportunity Act, so we can finally take a giant step
towards true liberty for students. This landmark legislation would give
more than 1 million children the freedom to attend the school that best
fits their needs, and would create more than $5 billion in annual tax
credits for those who donate to local scholarship funds, empowering more
families to choose the best educational setting for their children.
I also call on the Congress to pass the School Choice Now Act, which
will ensure every State can fund elementary and high school scholarship
programs, so that students do not lose access to their school of choice
because of economic disruptions. As too many school districts across the
country refuse to open, these scholarships are needed now more than ever
so that families unable to afford private tutors or who work during the
day can still provide an education for their children.
Education will always be one of the most important factors in a child's
future success. That is why I am fighting to empower all families--of
all races, backgrounds, and incomes--with the freedom and the resources
they need to make the best decisions for their children. In America,
more freedom leads to more opportunity--especially in the classroom. By
embracing my Administration's school choice policy, we will make sure
that every American student is able to fulfill their God-given
potential.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim January 24 to January
30, 2021, as National School Choice Week.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP
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Proclamation 10138 of January 18, 2021
Terminating Suspensions of Entry Into the United States of Aliens Who
Have Been Physically Present in the Schengen Area, the United Kingdom,
the Republic of Ireland, and the Federative Republic of Brazil
By the President of the United States of America
A Proclamation
In the wake of the unprecedented outbreak of COVID-19 in the United
States, I took action to suspend and limit the entry of aliens recently
present in certain foreign jurisdictions where significant COVID-19
outbreaks had occurred. These jurisdictions included the People's
Republic of China (excluding the Special Administrative Regions of Hong
Kong and Macau), the Islamic Republic of Iran, the Schengen Area, the
United Kingdom (excluding overseas territories outside of Europe), the
Republic of Ireland, and the Federative Republic of Brazil.
Understanding that the nature of the threat posed by COVID-19 would
evolve over time, I directed the Secretary of Health and Human Services
to make recommendations to me regarding whether to continue, modify, or
terminate the restrictions that I had previously imposed. On January 12,
2021, the Centers for Disease Control and Prevention (CDC) issued an
order, effective January 26, 2021, requiring proof of a negative COVID-
19 test or documentation of having recovered from COVID-19 for all air
passengers arriving from a foreign country to the United States. The
Secretary has explained that this action will help to prevent air
passengers from the Schengen Area, the United Kingdom, the Republic of
Ireland, and the Federative Republic of Brazil from spreading the virus
that causes COVID-19 into the United States, as it is the Secretary's
understanding that the vast majority of persons entering the United
States from these jurisdictions do so by air.
Moreover, the Secretary expects cooperation from those jurisdictions in
implementing the testing order. Public health officials in the
jurisdictions have a proven record of working with the United States to
share accurate and timely COVID-19 testing and trend data, and the
United States has active collaborations with the jurisdictions regarding
how to make travel safe between our respective countries. As a result of
that record, the Secretary reports high confidence that these
jurisdictions will cooperate with the United States in the
implementation of CDC's January 12, 2021, order and that tests
administered there will yield accurate results.
This cooperation stands in stark contrast to the behavior of the
governments and state-owned enterprises of the People's Republic of
China and the Islamic Republic of Iran, which repeatedly have failed to
cooperate with the United States public health authorities and to share
timely, accurate information about the spread of the virus. Those
jurisdictions' responses to the pandemic, their lack of transparency,
and their lack of cooperation with the United States thus far in
combatting the pandemic, cast doubt on their cooperation in implementing
CDC's January 12, 2021, order.
Accordingly, the Secretary has advised me to remove the restrictions
applicable to the Schengen Area, the United Kingdom, the Republic of
Ireland,
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and the Federative Republic of Brazil, while leaving in place the
restrictions applicable to the People's Republic of China and the
Islamic Republic of Iran. I agree with the Secretary that this action is
the best way to continue protecting Americans from COVID-19 while
enabling travel to resume safely.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by
the authority vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby
find that the unrestricted entry into the United States of persons who
have been physically present in the Schengen Area, the United Kingdom
(excluding overseas territories outside of Europe), the Republic of
Ireland, and the Federative Republic of Brazil is no longer detrimental
to the interests of the United States and find that it is in the
interest of the United States to terminate the suspension of entry into
the United States of persons who have been physically present in those
jurisdictions. Accordingly, I hereby proclaim:
Section 1. Terminations. Proclamation 9993 of March 11, 2020 (Suspension
of Entry as Immigrants and Nonimmigrants of Certain Additional Persons
Who Pose a Risk of Transmitting 2019 Novel Coronavirus), Proclamation
9996 of March 14, 2020 (Suspension of Entry as Immigrants and
Nonimmigrants of Certain Additional Persons Who Pose a Risk of
Transmitting 2019 Novel Coronavirus), and Proclamation 10041 of May 24,
2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain
Additional Persons Who Pose a Risk of Transmitting 2019 Novel
Coronavirus), are hereby terminated effective at 12:01 a.m. eastern
standard time on January 26, 2021.
Sec. 2. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented in a manner consistent
with applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP
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Proclamation 10139 of January 19, 2021
Adjusting Imports of Aluminum Into the United States
By the President of the United States of America
A Proclamation
1. On January 19, 2018, the Secretary of Commerce (Secretary)
transmitted to me a report on his investigation into the effect of
imports of aluminum articles on the national security of the United
States under section 232 of the Trade Expansion Act of 1962, as amended
(19 U.S.C. 1862). The Secretary found and advised me of his opinion that
aluminum articles were being imported into the United States in such
quantities and under such circumstances as to threaten to impair the
national security of the United States.
2. In Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum
Into the United States), I concurred in the Secretary's finding that
aluminum articles were being imported into the United States in such
quantities and under such circumstances as to threaten to impair the
national security of the United States, and decided to adjust the
imports of aluminum articles, as defined in clause 1 of Proclamation
9704, by imposing a 10 percent ad valorem tariff on such articles
imported from most countries. I further stated that any country with
which we have a security relationship is welcome to discuss with the
United States alternative ways to address the threatened impairment of
the national security caused by imports from that country. I also noted
that, should the United States and any such country arrive at a
satisfactory alternative means to address the threat to the national
security such that I determine that imports from that country no longer
threaten to impair the national security, I may remove or modify the
restriction on aluminum article imports from that country and, if
necessary, make corresponding adjustments to the tariff as it applies to
other countries as the national security interests of the United States
require.
3. The United States has an important security relationship with the
United Arab Emirates, including our shared commitment to supporting each
other in addressing national security concerns in the Middle East,
particularly in countering Iran's malign influence there; combatting
violent extremism around the world; and maintaining the strong economic
ties between our countries.
4. In light of the foregoing, the United States has engaged in
discussions with the United Arab Emirates on alternative means to
address the threatened impairment to our national security posed by
aluminum article imports from the United Arab Emirates. On the basis of
these discussions, the United States and the United Arab Emirates have
now agreed on satisfactory alternative means to address this threat.
5. The United States has successfully concluded discussions with the
United Arab Emirates on satisfactory alternative means to address the
threatened impairment of the national security posed by aluminum imports
from the United Arab Emirates, specifically a quota restricting the
quantity of aluminum articles imported into the United States from the
United Arab Emirates. This measure is expected to allow imports of
aluminum from the
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United Arab Emirates to remain close to historical levels without
meaningful increases, thus making it more likely that domestic capacity
utilization will be reasonably commensurate with the target level
recommended in the Secretary's report. In my judgment, this measure will
provide effective, long-term alternative means to address the
contribution of the United Arab Emirates to the threatened impairment to
our national security by restraining aluminum article exports from the
United Arab Emirates to the United States, limiting export surges by the
United Arab Emirates, and discouraging excess aluminum capacity and
excess aluminum production. In light of this agreement, I have
determined that aluminum article imports from the United Arab Emirates
will no longer threaten to impair the national security and have decided
to exclude the United Arab Emirates from the tariff proclaimed in
Proclamation 9704. The United States will monitor the implementation and
effectiveness of the measure agreed with the United Arab Emirates in
addressing our national security needs, and this determination may be
revisited, as appropriate.
6. In light of my determination to exclude the United Arab Emirates from
the tariff proclaimed in Proclamation 9704, as amended, I have
considered whether it is necessary and appropriate in light of our
national security interests to make any corresponding adjustments to
such tariff as it applies to other countries. I have determined that, in
light of the agreed-upon measure with the United Arab Emirates, it is
necessary and appropriate, at this time, to maintain the current tariff
level as it applies to other countries.
7. Section 232 of the Trade Expansion Act of 1962, as amended,
authorizes the President to adjust the imports of an article and its
derivatives that are being imported into the United States in such
quantities or under such circumstances as to threaten to impair the
national security.
8. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483),
authorizes the President to embody in the Harmonized Tariff Schedule of
the United States (HTSUS) the substance of statutes affecting import
treatment, and actions thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of
America, by the authority vested in me by the Constitution and the laws
of the United States of America, including section 232 of the Trade
Expansion Act of 1962, as amended, section 301 of title 3, United States
Code, and section 604 of the Trade Act of 1974, as amended, do hereby
proclaim as follows:
(1) Clause 2 of Proclamation 9704, as amended, is further amended in
the second sentence by deleting ``and'' before ``(g)'' and inserting
before the period at the end: ``, and (h) on or after 12:01 a.m. eastern
standard time on February 3, 2021, from all countries except Argentina,
Australia, Canada, Mexico, and the United Arab Emirates.''.
(2) Clauses 1 and 4 of Proclamation 9776 of August 29, 2018
(Adjusting Imports of Aluminum Into the United States) are amended by
replacing, in each instance, ``subheadings 9903.85.05 and 9903.85.06''
with ``subheadings 9903.85.05 through 9903.85.08''.
(3) The ``Article Description'' for subheading 9903.85.01 of the
HTSUS is amended by replacing ``of Argentina, of Australia, of Canada,
of Mexico''
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with ``of Argentina, of Australia, of Canada, of Mexico, of the United
Arab Emirates''.
(4) The superior text to subheading 9903.85.11 of the HTSUS is
amended by replacing ``of Argentina'' with ``of Argentina and of the
United Arab Emirates'', and the ``Article Description'' for subheading
9903.85.11 of the HTSUS is amended by replacing ``9903.85.05 and
9903.85.06'' with ``9903.85.05 through 9903.85.08''.
(5) In order to implement quantitative limitations on aluminum
article imports from the United Arab Emirates, subchapter III of chapter
99 of the HTSUS is amended as provided for in Part A of the Annex to
this proclamation. For purposes of administering these quantitative
limitations, the annual aggregate limits set out in Part B of the Annex
to this proclamation shall apply for the period starting with calendar
year 2021 and for subsequent years, unless modified or terminated. The
quantitative limitations for the United Arab Emirates, which for
calendar year 2021 shall take into account all aluminum article imports
since January 1, 2021, shall be effective for aluminum articles entered
for consumption, or withdrawn from warehouse for consumption, on or
after 12:01 a.m. eastern standard time on February 3, 2021, and shall be
implemented by U.S. Customs and Border Protection (CBP) of the
Department of Homeland Security as soon as practicable. The Secretary
shall monitor the implementation of these quantitative limitations and
shall, in consultation with the United States Trade Representative,
inform the President of any circumstance that in the Secretary's opinion
might indicate that an adjustment of the quantitative limitations is
necessary.
(6) The modifications made by clauses 1 through 5 of this
proclamation and the Annex to this proclamation shall be effective with
respect to goods entered for consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern standard time on
February 3, 2021, and shall continue in effect, unless such actions are
expressly reduced, modified, or terminated.
(7) Any imports of aluminum articles from the United Arab Emirates
that were admitted into a U.S. foreign trade zone under ``privileged
foreign status'' as defined in 19 CFR 146.41, prior to 12:01 a.m.
eastern standard time on February 3, 2021, shall not be subject, upon
entry for consumption made on or after that date and time, to the
additional 10 percent ad valorem rate of duty imposed by Proclamation
9704, as amended, and shall be subject to the quantitative limitations
established in this proclamation.
(8) Any provision of previous proclamations and Executive Orders
that is inconsistent with the actions taken in this proclamation is
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
January, in the year of our Lord two thousand and twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP
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Proclamation 10140 of January 20, 2021
A National Day of Unity
By the President of the United States of America
A Proclamation
I am humbled before God and my fellow Americans to take the sacred oath
of President of our beloved country.
Today, we celebrate the triumph of democracy after an election that saw
more Americans voting than ever before in our Nation's history, and
where the will of the people has been heard and heeded.
We do so at a moment of great peril and promise for our Nation. A once-
in-a-century deadly pandemic. A historic and deepening economic crisis.
Calls for racial justice some 400 years in the making. A climate crisis
with force and fury. We also feel the rise in political extremism and
domestic terrorism--unleashed just days ago on our Capitol, the citadel
of freedom, but brewing long before--that we must confront and defeat.
Yet in this dire moment, democracy prevailed. On this day, we set our
sights on the Nation we know we can and must be. I am honored to do so
alongside Vice President Kamala Harris, the first woman who has taken
the oath to serve in elected national office, and who will not be the
last. Together, we know that to overcome the challenges before all of
us, to restore the soul of America, requires the beating heart of a
democracy: Unity.
With unity, we can save lives and beat this pandemic. We can build our
economy back better and include everyone. We can right wrongs and root
out systemic racism in our country. We can confront the climate crisis
with American jobs and ingenuity. We can protect our democracy by seeing
each other not as adversaries but as fellow Americans. For the world to
see, with unity we can lead not just by the example of our power, but by
the power of our example.
As we start the hard work to be done, I pray this moment gives us the
strength to rebuild this house of ours upon a rock that can never be
washed away. And, as in the Prayer of St. Francis, for where there is
discord, union; where there is doubt, faith, where there is darkness,
light.
On this Inauguration Day I swear an oath to be a President for all
Americans and ask every American to join me in this cause of democracy.
May this be the story that unites us as fellow Americans and as the
United States of America.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by the Constitution and the
laws of the United States, do hereby proclaim January 20, 2021, a
National Day of Unity and call upon the people of our Nation to join
together and write the next story of our democracy--an American story of
decency and dignity, of love and of healing, and of greatness and of
goodness.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
January, in the year of our Lord two thousand twenty-one, and of the
[[Page 24]]
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10141 of January 20, 2021
Ending Discriminatory Bans on Entry to the United States
By the President of the United States of America
A Proclamation
The United States was built on a foundation of religious freedom and
tolerance, a principle enshrined in the United States Constitution.
Nevertheless, the previous administration enacted a number of Executive
Orders and Presidential Proclamations that prevented certain individuals
from entering the United States--first from primarily Muslim countries,
and later, from largely African countries. Those actions are a stain on
our national conscience and are inconsistent with our long history of
welcoming people of all faiths and no faith at all.
Beyond contravening our values, these Executive Orders and Proclamations
have undermined our national security. They have jeopardized our global
network of alliances and partnerships and are a moral blight that has
dulled the power of our example the world over. And they have separated
loved ones, inflicting pain that will ripple for years to come. They are
just plain wrong.
Make no mistake, where there are threats to our Nation, we will address
them. Where there are opportunities to strengthen information-sharing
with partners, we will pursue them. And when visa applicants request
entry to the United States, we will apply a rigorous, individualized
vetting system. But we will not turn our backs on our values with
discriminatory bans on entry into the United States.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby
find that it is in the interests of the United States to revoke
Executive Order 13780 of March 6, 2017 (Protecting the Nation From
Foreign Terrorist Entry Into the United States), Proclamation 9645 of
September 24, 2017 (Enhancing Vetting Capabilities and Processes for
Detecting Attempted Entry Into the United States by Terrorists or Other
Public-Safety Threats), Proclamation 9723 of April 10, 2018 (Maintaining
Enhanced Vetting Capabilities and Processes for Detecting Attempted
Entry Into the United States by Terrorists or Other Public-Safety
Threats), and Proclamation 9983 of January 31, 2020 (Improving Enhanced
Vetting Capabilities and Processes for Detecting Attempted Entry Into
the United States by Terrorists or Other Public-Safety Threats). Our
national security will be enhanced by revoking the Executive Order and
Proclamations.
Accordingly, I hereby proclaim:
[[Page 25]]
Section 1. Revocations. Executive Order 13780, and Proclamations 9645,
9723, and 9983 are hereby revoked.
Sec. 2. Resumption of Visa Processing and Clearing the Backlog of Cases
in Waiver Processing. (a) The Secretary of State shall direct all
Embassies and Consulates, consistent with applicable law and visa
processing procedures, including any related to coronavirus disease 2019
(COVID-19), to resume visa processing in a manner consistent with the
revocation of the Executive Order and Proclamations specified in section
1 of this proclamation.
(b) Within 45 days of the date of this proclamation, the Secretary
of State shall provide to the President a report that includes the
following elements:
(i) The number of visa applicants who were being considered for a waiver of
restrictions under Proclamation 9645 or 9983 on the date of this
proclamation and a plan for expeditiously adjudicating their pending visa
applications.
(ii) A proposal to ensure that individuals whose immigrant visa
applications were denied on the basis of the suspension and restriction on
entry imposed by Proclamation 9645 or 9983 may have their applications
reconsidered. This proposal shall consider whether to reopen immigrant visa
applications that were denied due to the suspension and restriction on
entry imposed by Proclamation 9645 or 9983, whether it is necessary to
charge an additional fee to process those visa applications, and
development of a plan for the Department of State to expedite consideration
of those visa applications.
(iii) A plan to ensure that visa applicants are not prejudiced as a result
of a previous visa denial due to the suspension and restriction on entry
imposed by Proclamation 9645 or 9983 if they choose to re-apply for a visa.
Sec. 3. Review of Information-Sharing Relationships and a Plan to
Strengthen Partnerships. Within 120 days of the date of this
proclamation, the Secretary of State and the Secretary of Homeland
Security, in consultation with the Director of National Intelligence,
shall provide to the President a report consisting of the following
elements:
(a) A description of the current screening and vetting procedures
for those seeking immigrant and nonimmigrant entry to the United States.
This should include information about any procedures put in place as a
result of any of the Executive Order and Proclamations revoked in
section 1 of this proclamation and should also include an evaluation of
the usefulness of form DS-5535.
(b) A review of foreign government information-sharing practices
vis-[agrave]-vis the United States in order to evaluate the efficacy of
those practices, their contribution to processes for screening and
vetting those individuals seeking entry to the United States as
immigrants and nonimmigrants, and how the United States ensures the
accuracy and reliability of the information provided by foreign
governments.
(c) Recommendations to improve screening and vetting activities,
including diplomatic efforts to improve international information-
sharing, use of foreign assistance funds, where appropriate, to support
capacity building for information-sharing and identity-management
practices, and ways to
[[Page 26]]
further integrate relevant executive department and agency data into the
vetting system.
(d) A review of the current use of social media identifiers in the
screening and vetting process, including an assessment of whether this
use has meaningfully improved screening and vetting, and recommendations
in light of this assessment.
Sec. 4. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented in a manner consistent
with applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10142 of January 20, 2021
Termination of Emergency With Respect to the Southern Border of the
United States and Redirection of Funds Diverted to Border Wall
Construction
By the President of the United States of America
A Proclamation
Like every nation, the United States has a right and a duty to secure
its borders and protect its people against threats. But building a
massive wall that spans the entire southern border is not a serious
policy solution. It is a waste of money that diverts attention from
genuine threats to our homeland security. My Administration is committed
to ensuring that the United States has a comprehensive and humane
immigration system that operates consistently with our Nation's values.
In furtherance of that commitment, I have determined that the
declaration of a national emergency at our southern border in
Proclamation 9844 of February 15, 2019 (Declaring a National Emergency
Concerning the Southern Border of the United States), was unwarranted.
It shall be the policy of my Administration that no more American
taxpayer dollars be diverted to construct a border wall. I am also
directing a careful review of all resources appropriated or redirected
to construct a southern border wall.
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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by the Constitution and the
laws of the United States of America, including section 202 of the
National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that
the national emergency declared by Proclamation 9844, and continued on
February 13, 2020 (85 Fed. Reg. 8715), and January 15, 2021, is
terminated and that the authorites invoked in that proclamation will no
longer be used to construct a wall at southen border. I hereby futher
direct as follows:
Section 1. Pause in Construction and Obligation of Funds. (a) The
Secretary of Defense and the Secretary of Homeland Security, in
consultation with the Director of the Office of Management and Budget,
shall direct the appropriate officials within their respective
departments to:
(i) pause work on each construction project on the southern border wall, to
the extent permitted by law, as soon as possible but in no case later than
seven days from the date of this proclamation, to permit:
(A) assessment of the legality of the funding and contracting
methods used to construct the wall;
(B) assessment of the administrative and contractual
consequences of ceasing each wall construction project; and
(C) completion and implementation of the plan developed in
accordance with section 2 of this proclamation;
(ii) pause immediately the obligation of funds related to construction of
the southern border wall, to the extent permitted by law; and
(iii) compile detailed information on all southern border wall construction
contracts, the completion status of each wall construction project, and the
funds used for wall construction since February 15, 2019, including
directly appropriated funds and funds drawn from the Treasury Forfeiture
Fund (31 U.S.C. 9705(g)(4)(B)), the Department of Defense Drug Interdiction
and Counter-Drug Activities account (10 U.S.C. 284), and the Department of
Defense Military Construction account (pursuant to the emergency
authorities in 10 U.S.C. 2808(a) and 33 U.S.C. 2293(a)).
(b) The pause directed in subsection (a)(i) of this section shall
apply to wall projects funded by redirected funds as well as wall
projects funded by direct appropriations. The Secretary of Defense and
the Secretary of Homeland Security may make an exception to the pause,
however, for urgent measures needed to avert immediate physical dangers
or where an exception is required to ensure that funds appropriated by
the Congress fulfill their intended purpose.
Sec. 2. Plan for Redirecting Funding and Repurposing Contracts. The
Secretary of Defense and the Secretary of Homeland Security, in
coordination with the Secretary of the Treasury, the Attorney General,
the Director of the Office of Management and Budget, and the heads of
any other appropriate executive departments and agencies, and in
consultation with the Assistant to the President for National Security
Affairs, shall develop a plan for the redirection of funds concerning
the southern border wall, as appropriate and consistent with applicable
law. The process of developing the plan shall include consideration of
terminating or repurposing contracts with private contractors engaged in
wall construction, while providing for the expenditure of any funds that
the Congress expressly appropriated for wall construction, consistent
with their appropriated purpose. The plan shall be developed within 60
days from the date of this proclamation. After the
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plan is developed, the Secretary of Defense and the Secretary of
Homeland Security shall take all appropriate steps to resume, modify, or
terminate projects and to otherwise implement the plan.
Sec. 3. Definition. Consistent with Executive Order 13767 of January 25,
2017 (Border Security and Immigration Enforcement Improvements), for the
purposes of this proclamation, ``wall'' means a contiguous, physical
wall or other similarly secure, contiguous, and impassable physical
barrier.
Sec. 4. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10143 of January 25, 2021
Suspension of Entry as Immigrants and Nonimmigrants of Certain
Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease
2019
By the President of the United States of America
A Proclamation
The Federal Government must act swiftly and aggressively to combat
coronavirus disease 2019 (COVID-19). The national emergency caused by
the COVID-19 outbreak in the United States continues to pose a grave
threat to our health and security. As of January 20, 2021, the United
States had experienced more than 24 million confirmed COVID-19 cases and
more than 400,000 COVID-19 deaths. It is the policy of my Administration
to implement science-based public health measures, across all areas of
the Federal Government, to prevent further spread of the disease.
The Centers for Disease Control and Prevention (CDC), within the
Department of Health and Human Services, working in close coordination
with the Department of Homeland Security, has determined that the
Republic of South Africa is experiencing widespread, ongoing person-to-
person transmission of SARS-CoV-2, the virus that causes COVID-19,
including a variant strain of the virus known as B.1.351. The World
Health Organization
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has reported that the Republic of South Africa has over 1,400,000
confirmed cases of COVID-19. Another variant strain, known as B.1.1.7,
is widely circulating and has been traced to the United Kingdom.
Furthermore, a third variant strain, which is known as B.1.1.28.1 and
may impact the potential for re-infection, has been identified in
Brazil. Based on developments with respect to the variants and the
continued spread of the disease, CDC has reexamined its policies on
international travel and, after reviewing the public health situations
within the Schengen Area, the United Kingdom (excluding overseas
territories outside of Europe), the Republic of Ireland, the Federative
Republic of Brazil, and the Republic of South Africa, has concluded that
continued and further measures are required to protect the public health
from travelers entering the United States from those jurisdictions.
In my Executive Order of January 21, 2021, entitled ``Promoting COVID-19
Safety in Domestic and International Travel,'' I directed the Secretary
of Health and Human Services, including through the Director of CDC, and
in coordination with the Secretary of Transportation (including through
the Administrator of the Federal Aviation Administration) and the
Secretary of Homeland Security (including through the Administrator of
the Transportation Security Administration), to further examine certain
current public health precautions for international travel and take
additional appropriate regulatory action, to the extent feasible and
consistent with CDC guidelines and applicable law.
While that review continues, and given the determination of CDC, working
in close coordination with the Department of Homeland Security,
described above, I have determined that it is in the interests of the
United States to take action to restrict and suspend the entry into the
United States, as immigrants or nonimmigrants, of noncitizens of the
United States (``noncitizens'') who were physically present within the
Schengen Area, the United Kingdom (excluding overseas territories
outside of Europe), the Republic of Ireland, the Federative Republic of
Brazil, and the Republic of South Africa during the 14-day period
preceding their entry or attempted entry into the United States.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and
section 301 of title 3, United States Code, hereby find that the
unrestricted entry into the United States of persons described in
section 1 of this proclamation would, except as provided for in section
2 of this proclamation, be detrimental to the interests of the United
States, and that their entry should be subject to certain restrictions,
limitations, and exceptions. I therefore hereby proclaim the following:
Section 1. Suspension and Limitation on Entry. (a) The entry into the
United States, as immigrants or nonimmigrants, of noncitizens who were
physically present within the Schengen Area, the United Kingdom
(excluding overseas territories outside of Europe), the Republic of
Ireland, and the Federative Republic of Brazil during the 14-day period
preceding their entry or attempted entry into the United States, is
hereby suspended and limited subject to section 2 of this proclamation.
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(b) The entry into the United States, as immigrants or
nonimmigrants, of noncitizens who were physically present within the
Republic of South Africa during the 14-day period preceding their entry
or attempted entry into the United States, is hereby suspended and
limited subject to section 2 of this proclamation.
Sec. 2. Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any noncitizen national of the United States;
(iii) any noncitizen who is the spouse of a U.S. citizen or lawful
permanent resident;
(iv) any noncitizen who is the parent or legal guardian of a U.S. citizen
or lawful permanent resident, provided that the U.S. citizen or lawful
permanent resident is unmarried and under the age of 21;
(v) any noncitizen who is the sibling of a U.S. citizen or lawful permanent
resident, provided that both are unmarried and under the age of 21;
(vi) any noncitizen who is the child, foster child, or ward of a U.S.
citizen or lawful permanent resident, or who is a prospective adoptee
seeking to enter the United States pursuant to the IR-4 or IH-4 visa
classifications;
(vii) any noncitizen traveling at the invitation of the United States
Government for a purpose related to containment or mitigation of the virus;
(viii) any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or
C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise
traveling to the United States as air or sea crew;
(ix) any noncitizen
(A) seeking entry into or transiting the United States pursuant to one of
the following visas: A-1, A-2, C-2, C-3 (as a foreign government official
or immediate family member of an official), E-1 (as an employee of TECRO or
TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-
1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one
of those NATO categories); or
(B) whose travel falls within the scope of section 11 of the United
Nations Headquarters Agreement;
(x) any noncitizen who is a member of the U.S. Armed Forces and any
noncitizen who is a spouse or child of a member of the U.S. Armed Forces;
(xi) any noncitizen whose entry would further important United States law
enforcement objectives, as determined by the Secretary of State, the
Secretary of Homeland Security, or their respective designees, based on a
recommendation of the Attorney General or his designee; or
(xii) any noncitizen whose entry would be in the national interest, as
determined by the Secretary of State, the Secretary of Homeland Security,
or their designees.
(b) Nothing in this proclamation shall be construed to affect any
individual's eligibility for asylum, withholding of removal, or
protection under the
[[Page 31]]
regulations issued pursuant to the legislation implementing the
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, consistent with the laws and regulations of the
United States.
Sec. 3. Implementation and Enforcement. (a) The Secretary of State shall
implement this proclamation as it applies to visas pursuant to such
procedures as the Secretary of State, in consultation with the Secretary
of Homeland Security, may establish. The Secretary of Homeland Security
shall implement this proclamation as it applies to the entry of
noncitizens pursuant to such procedures as the Secretary of Homeland
Security, in consultation with the Secretary of State, may establish.
(b) The Secretary of State, the Secretary of Transportation, and the
Secretary of Homeland Security shall ensure that any noncitizen subject
to this proclamation does not board an aircraft traveling to the United
States, to the extent permitted by law.
(c) The Secretary of Homeland Security may establish standards and
procedures to ensure the application of this proclamation at and between
all United States ports of entry.
(d) Where a noncitizen circumvents the application of this
proclamation through fraud, willful misrepresentation of a material
fact, or illegal entry, the Secretary of Homeland Security shall
consider prioritizing such noncitizen for removal.
Sec. 4. Termination. This proclamation shall remain in effect until
terminated by the President. The Secretary of Health and Human Services
shall, as circumstances warrant and no more than 30 days after the date
of this proclamation and by the final day of each calendar month
thereafter, recommend whether the President should continue, modify, or
terminate this proclamation.
Sec. 5. Amendment. Section 5 of Proclamation 9984 of January 31, 2020
(Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose
a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate
Measures To Address This Risk), and section 5 of Proclamation 9992 of
February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants
of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel
Coronavirus), are each amended to read as follows:
``Sec. 5. Termination. This proclamation shall remain in effect
until terminated by the President. The Secretary of Health and Human
Services shall, as circumstances warrant and no more than 30 days after
the date of the Proclamation of January 25, 2021, entitled ``Suspension
of Entry as Immigrants and Nonimmigrants of Certain Additional Persons
Who Pose a Risk of Transmitting Coronavirus Disease 2019,'' and by the
final day of each calendar month thereafter, recommend whether the
President should continue, modify, or terminate this proclamation.''
Sec. 6. Effective Dates. (a) The suspension and limitation on entry set
forth in section 1(a) of this proclamation is effective at 12:01 a.m.
eastern standard time on January 26, 2021. The suspension and limitation
on entry set forth in section 1(a) of this proclamation does not apply
to persons aboard a flight scheduled to arrive in the United States that
departed prior to 12:01 a.m. eastern standard time on January 26, 2021.
[[Page 32]]
(b) The suspension and limitation on entry set forth in section 1(b)
of this proclamation is effective at 12:01 a.m. eastern standard time on
January 30, 2021. The suspension and limitation on entry set forth in
section 1(b) of this proclamation does not apply to persons aboard a
flight scheduled to arrive in the United States that departed prior to
12:01 a.m. eastern standard time on January 30, 2021.
Sec. 7. Severability. It is the policy of the United States to enforce
this proclamation to the maximum extent possible to advance the national
security, public safety, and foreign policy interests of the United
States. Accordingly:
(a) if any provision of this proclamation, or the application of any
provision to any person or circumstance, is held to be invalid, the
remainder of this proclamation and the application of its provisions to
any other persons or circumstances shall not be affected thereby; and
(b) if any provision of this proclamation, or the application of any
provision to any person or circumstance, is held to be invalid because
of the lack of certain procedural requirements, the relevant executive
branch officials shall implement those procedural requirements to
conform with existing law and with any applicable court orders.
Sec. 8. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
January, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10144 of February 1, 2021
Adjusting Imports of Aluminum Into the United States
By the President of the United States of America
A Proclamation
1. Proclamation 10139 of January 19, 2021 (Adjusting Imports of Aluminum
Into the United States), amended Proclamation 9704 (Adjusting Imports of
Aluminum Into the United States), as amended, with respect to tariffs on
certain imports of aluminum articles proclaimed under section 232
[[Page 33]]
of the Trade Expansion Act, as amended (19 U.S.C. 1862). Proclamation
10139 provides that those amendments will not take effect until 12:01
a.m. on February 3, 2021.
2. I consider it is necessary and appropriate in light of our national
security interests to maintain, at this time, the tariff treatment
applied to aluminum article imports from the United Arab Emirates (UAE)
under Proclamation 9704, as amended, as they are currently in effect as
of this date. Accordingly, and as provided for in clause (6) of
Proclamation 10139, I am terminating the modifications contained in that
proclamation before they take effect.
3. Proclamation 9704 applied tariffs to help ensure the economic
viability of the domestic aluminum industry--an industry that the
Secretary of Commerce had previously identified as essential to our
critical industries and national defense. Because robust domestic
aluminum production capacity is essential to meet our current and future
national security needs, Proclamation 9704 aimed to revive idled
aluminum facilities, open closed smelters and mills, preserve necessary
skills, and maintain or increase domestic production by reducing United
States reliance on foreign producers.
4. In my view, the available evidence indicates that imports from the
UAE may still displace domestic production, and thereby threaten to
impair our national security. Proclamation 9704 authorized the Secretary
of Commerce to grant exclusions from the aluminum tariffs based on
specific national security considerations or if specific imported
aluminum articles were determined not to be produced sufficiently in the
United States, such that the imports would not diminish domestic
production. Tellingly, there have been 33 such exclusion requests for
aluminum imported from the UAE, covering 587,007 metric tons of
articles, and the Secretary of Commerce has denied 32 of those requests,
covering 582,007 metric tons. This indicates the large degree of overlap
between imports from the UAE and what our domestic industry is capable
of producing.
5. Since the tariff on aluminum imports was imposed, such imports
substantially decreased, including a 25 percent reduction from the UAE,
and domestic aluminum production increased by 22 percent through 2019,
before the coronavirus pandemic began. In light of that history, I
believe that maintaining the tariff is likely to be more effective in
protecting our national security than the untested quota described in
Proclamation 10139.
6. Section 232 of the Trade Expansion Act of 1962, as amended,
authorizes the President to adjust the imports of an article and its
derivatives that are being imported into the United States in such
quantities or under such circumstances as to threaten to impair the
national security.
7. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483),
authorizes the President to embody in the Harmonized Tariff Schedule of
the United States the substance of statutes affecting import treatment,
and actions thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by the Constitution and the
laws of the United States of America, including section 232 of the Trade
Expansion Act of 1962, as amended, section 301 of title 3, United States
Code,
[[Page 34]]
and section 604 of the Trade Act of 1974, as amended, do hereby proclaim
that Proclamation 10139, including the Annex, is revoked.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
February, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10145 of February 3, 2021
American Heart Month, 2021
By the President of the United States of America
A Proclamation
Tragically, heart disease continues to be a leading cause of death in
the United States. It affects Americans of all genders, races, and
ethnicities. Yet despite being one of the country's most costly and
deadly diseases, it is among the most preventable. During American Heart
Month, we recommit to fighting this disease by promoting better health,
wellness, and prevention awareness in our communities.
Heart disease can impact anyone, but risk factors such as high
cholesterol, high blood pressure, physical inactivity, obesity, tobacco
use, and alcohol abuse can increase the likelihood of developing the
disease. By adopting a few healthy habits, each of us can reduce our
risk. Avoiding tobacco, moderating alcohol consumption, making balanced
and nutritious meal choices, and staying active can help prevent or
treat conditions that lead to heart disease. Adults with heart
conditions are also at increased risk of severe illness from COVID-19,
which makes it even more important to follow these suggestions.
We have seen the death rate from heart attacks rise dramatically during
the COVID-19 pandemic because people are delaying or not seeking care
after experiencing symptoms. It is important not to ignore early warning
signs like chest pain, palpitations, shortness of breath, and sudden
dizziness. And the symptoms of a heart attack can be different for men
and women, an often-overlooked fact that can impact when people seek
care. For more resources and information, follow your health care
provider's advice or visit www.CDC.gov/HeartDisease.
My Administration is committed to supporting Americans in their efforts
to achieve heart health. Under the Affordable Care Act, many insurance
plans cover preventive services like blood pressure and obesity
screening at no out-of-pocket cost to the patient. By protecting and
expanding access to quality, affordable health care, we will work
tirelessly to provide all Americans with the care they need to prevent
and treat heart disease.
We are also committed to closing the racial disparities in
cardiovascular health. Despite an overall decline in death rates for
heart disease, risk of heart disease death differs by race and
ethnicity, and Black Americans continue to have the highest death rate
for heart disease. Increased awareness and access to care will help
reduce these staggering and unacceptable statistics.
[[Page 35]]
This month, we also honor the health care professionals, researchers,
and heart health advocates who save our fellow Americans' lives with
their hard work. Every day, they put themselves on the front lines of
our fight against heart disease, as well as the scourge of COVID-19.
The First Lady and I encourage everyone to participate in National Wear
Red Day on Friday, February 5th. By wearing red, we honor those we have
lost to heart disease, and we raise awareness of the steps we can all
take to prevent this devastating disease. Combatting heart disease is
essential to improving public health in our Nation, and together we will
renew our efforts to make all Americans aware of its signs and symptoms.
This month, we recommit to building a healthier future for all.
In acknowledgement of the importance of the ongoing fight against
cardiovascular disease, the Congress, by Joint Resolution approved
December 30, 1963, as amended (36 U.S.C. 101), has requested that the
President issue an annual proclamation designating February as
``American Heart Month.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim February 2021 as American Heart Month,
and I invite all Americans to participate in National Wear Red Day on
February 5, 2021. I also invite the Governors of the States, the
Commonwealth of Puerto Rico, officials of other areas subject to the
jurisdiction of the United States, and the American people to join me in
recognizing and reaffirming our commitment to fighting cardiovascular
disease.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
February, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10146 of February 3, 2021
National Black History Month, 2021
By the President of the United States of America
A Proclamation
This February, during Black History Month, I call on the American people
to honor the history and achievements of Black Americans and to reflect
on the centuries of struggle that have brought us to this time of
reckoning, redemption, and hope.
We have never fully lived up to the founding principles of this Nation--
that all people are created equal and have the right to be treated
equally throughout their lives. But in the Biden-Harris Administration,
we are committed to fulfilling that promise for all Americans.
I am proud to celebrate Black History Month with an Administration that
looks like America--one that reflects the full talents and diversity of
the American people and that heralds many firsts, including the first
Black Vice President of the United States and the first Black Secretary
of Defense, among other firsts in a cabinet that is comprised of more
Americans of color than any other in our history.
[[Page 36]]
It is long past time to confront deep racial inequities and the systemic
racism that continue to plague our Nation. A knee to the neck of justice
opened the eyes of millions of Americans and launched a summer of
protest and stirred the Nation's conscience.
A pandemic has further ripped a path of destruction through every
community in America, but we see its acute devastation among Black
Americans who are dying, losing jobs, and closing businesses at
disproportionate rates in the dual crisis of the pandemic and the
economy.
We saw how a broad coalition of Americans of every race and background
registered and voted--more people than in any other election in our
Nation's history--to heal these wounds and unite and move forward as a
Nation.
But also less than 1 month after the attack on the Capitol, on our very
democracy, by a mob of insurrectionists--of extremists and white
supremacists--a bookend of the last 4 years and the hate that marched
from the streets of Charlottesville, and that shows we remain in a
battle for the soul of America.
We must bring to our work a seriousness of purpose and urgency. That is
why we are putting our response to COVID-19 on a war footing and
marshalling every resource we have to contain the pandemic, deliver
economic relief to millions of Americans who desperately need it, and
build back better than ever before.
That is why we are also launching a first-ever whole-government-approach
to advancing racial justice and equity across our Administration--in
health care, education, housing, our economy, our justice system, and in
our electoral process. We do so not only because it is the right thing
to do, but because it is the smart thing to do, benefitting all of us in
this Nation.
We do so because the soul of our Nation will be troubled as long as
systemic racism is allowed to persist. It is corrosive. It is
destructive. It is costly. We are not just morally deprived because of
systemic racism, we are also less prosperous, less successful, and less
secure as a Nation.
We must change. It will take time. But I firmly believe the Nation is
ready to make racial justice and equity part of what we do today,
tomorrow, and every day. I urge my fellow Americans to honor the history
made by Black Americans and to continue the good and necessary work to
perfect our Union for every American.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim February 2021 as
National Black History Month. I call upon public officials, educators,
librarians, and all the people of the United States to observe this
month with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
February, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
[[Page 37]]
Proclamation 10147 of February 3, 2021
National Teen Dating Violence Awareness and Prevention Month, 2021
By the President of the United States of America
A Proclamation
This February, during National Teen Dating Violence Awareness and
Prevention Month, we stand with those who have known the pain and
isolation of an abusive relationship, and we recommit to ending the
cycle of teen dating violence that affects too many of our young people.
Together, it's on all of us to raise the national awareness about teen
dating violence and promote safe and healthy relationships.
Dating violence transcends gender, race, religion, ethnicity, sexual
orientation, and socioeconomic status. It takes many forms, among them
physical, sexual, and emotional abuse, bullying, and shaming, which can
occur in person or through electronic communication and social media.
The spiral of violent dating relationships can lead to depression,
anxiety, drug and alcohol use, as well as suicidal thoughts. Victims,
especially young women, transgender, and gender nonconforming youth who
face higher rates of violence, may suffer lifelong consequences. Many
young people do not report the abuse for fear of retribution or
unwarranted embarrassment. The pattern of abuse often continues to
future relationships.
My Administration encourages all Americans to lead by example by
promoting healthy relationships, protecting our teens from abuse, and
ensuring they have access to good help and support.
If you or someone you know is involved in an abusive relationship of any
kind, immediate and confidential support is available by visiting
loveisrespect.org, calling 1-866-331-9474 (TTY: 1-800-787-3224), or
texting ``loveis'' to 22522. For additional information and resources on
dating violence, please visit VetoViolence.CDC.gov.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim February 2021 as
National Teen Dating Violence Awareness and Prevention Month. I call
upon all Americans to support efforts in their communities and schools,
and in their own families, to empower young people to develop healthy
relationships throughout their lives and to prevent and respond to teen
dating violence. It's on all of us.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
February, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
[[Page 38]]
Proclamation 10148 of February 22, 2021
Remembering the 500,000 Americans Lost to COVID-19
By the President of the United States of America
A Proclamation
As of this week during the dark winter of the COVID-19 pandemic, more
than 500,000 Americans have now died from the virus. That is more
Americans who have died in a single year of this pandemic than in World
War I, World War II, and the Vietnam War combined. On this solemn
occasion, we reflect on their loss and on their loved ones left behind.
We, as a Nation, must remember them so we can begin to heal, to unite,
and find purpose as one Nation to defeat this pandemic.
In their memory, the First Lady and I will be joined by the Vice
President and the Second Gentleman for a moment of silence at the White
House this evening. I ask all Americans to join us as we remember the
more than 500,000 of our fellow Americans lost to COVID-19 and to
observe a moment of silence at sunset. I also hereby order, by the
authority vested in me by the Constitution and laws of the United
States, that the flag of the United States shall be flown at half-staff
at the White House and on all public buildings and grounds, at all
military posts and naval stations, and on all naval vessels of the
Federal Government in the District of Columbia and throughout the United
States and its Territories and possessions until sunset February 26,
2021. I also direct that the flag shall be flown at half-staff for the
same period at all United States embassies, legations, consular offices,
and other facilities abroad, including all military facilities and naval
vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of February, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10149 of February 24, 2021
Revoking Proclamation 10014
By the President of the United States of America
A Proclamation
The suspension of entry imposed in Proclamation 10014 of April 22, 2020
(Suspension of Entry of Immigrants Who Present a Risk to the United
States Labor Market During the Economic Recovery Following the 2019
Novel Coronavirus Outbreak), as extended by section 1 of Proclamation
10052 of June 22, 2020 (Suspension of Entry of Immigrants and
Nonimmigrants Who Present a Risk to the United States Labor Market
During the Economic Recovery Following the 2019 Novel Coronavirus
Outbreak), and section 1 of Proclamation 10131 of December 31, 2020
(Suspension of Entry of Immigrants and Nonimmigrants Who Continue To
Present a Risk
[[Page 39]]
to the United States Labor Market During the Economic Recovery Following
the 2019 Novel Coronavirus Outbreak), does not advance the interests of
the United States. To the contrary, it harms the United States,
including by preventing certain family members of United States citizens
and lawful permanent residents from joining their families here. It also
harms industries in the United States that utilize talent from around
the world. And it harms individuals who were selected to receive the
opportunity to apply for, and those who have likewise received,
immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery.
Proclamation 10014 has prevented these individuals from entering the
United States, resulting, in some cases, in the delay and possible
forfeiture of their opportunity to receive Fiscal Year 2020 diversity
visas and to realize their dreams in the United States.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby
find that the unrestricted entry into the United States of persons
described in section 1 of Proclamation 10014 is not detrimental to the
interests of the United States. I therefore hereby proclaim the
following:
Section 1. Revocation. Proclamation 10014, section 1 of Proclamation
10052, and section 1 of Proclamation 10131 are revoked.
Sec. 2. Review of Agency Guidance. The Secretary of State, the Secretary
of Labor, and the Secretary of Homeland Security shall review any
regulations, orders, guidance documents, policies, and any other similar
agency actions developed pursuant to Proclamation 10014 and, as
appropriate, issue revised guidance consistent with the policy set forth
in this proclamation.
Sec. 3. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of February, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
[[Page 40]]
Proclamation 10150 of March 1, 2021
American Red Cross Month, 2021
By the President of the United States of America
A Proclamation
Throughout our country's history, the humanitarian spirit of the
American people has shined as a beacon of hope in times of crisis. It is
written in our DNA that when hardship strikes, we come together to
ensure that no one faces it alone. It is in that spirit that we
celebrate American Red Cross Month, a chance to honor all those selfless
Americans who step up and lend a hand whenever and wherever people are
in need.
For 140 years, the American Red Cross has been synonymous with the
prevention and alleviation of human suffering across the globe. Founded
by Clara Barton in 1881, the organization's mission lives on in the
dedication of Red Cross workers--more than 90 percent of whom are
volunteers--and the generosity of the American people in moments of
crisis.
We saw unmistakable evidence of that spirit through the challenges of
this past year. In 2020, more than 70,000 people became new Red Cross
volunteers and stepped up on behalf of those in need--as disaster
shelter workers, health workers, blood donor ambassadors, and
transportation specialists. And when our country faced a severe blood
shortage, the American people rolled up their sleeves, with more than a
half-million of our friends and neighbors donating blood with the Red
Cross for the first time.
In a year like no other, people made a lifesaving difference. As months
of relentless hurricanes, wildfires, and other extreme weather events
battered communities, families spent more nights in emergency lodging
than in any other year over the past decade--thanks to the hard work and
generosity of Red Cross volunteers and partners who provided more than
1.3 million people with overnight stays last year. When the pandemic
strained emergency services, Red Cross workers adapted to help fulfill
urgent needs. They responded to increased emergency calls from military
families, aided hundreds of thousands of home fire survivors, supported
international health and hygiene services, and safely provided health
and safety courses to essential workers and others to help them manage
the COVID-19 threat. In recent days, as harsh winter storms left many
Americans without power and water across the South and Midwest, the Red
Cross and its partners have worked to help people recover and restore
access to safe water.
This month, we renew our commitment to Clara Barton's remarkable vision
and join together, as one Nation, to recommit ourselves to a
foundational American principle: the duty of care we owe to one another
when times get tough. I urge all Americans to take part in that
tradition through our own everyday acts of compassion--helping a
neighbor, a stranger, or a community in need.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America and Honorary Chairman of the American Red Cross, by virtue of
the authority vested in me by the Constitution and the laws of the
United States, do hereby proclaim March 2021 as American Red Cross
Month. I encourage all Americans to observe this month with appropriate
[[Page 41]]
programs, ceremonies and activities, and by supporting the work of
service and relief organizations.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of March,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10151 of March 1, 2021
Irish-American Heritage Month, 2021
By the President of the United States of America
A Proclamation
Since before the founding of our Nation, Irish immigrants have arrived
on our shores with an unyielding spirit of determination that has helped
define America's soul and shape our success across generations. Driven
by the same dreams that still beckon people the world over to America
today, so many crossed the Atlantic with nothing but the hope in their
hearts and their faith in the possibility of a better life.
That's what brought the Blewitts from County Mayo and the Finnegans of
County Louth to the United States. For years, they brought Ireland into
their homes in America. Working hard. Raising families. Remembering
always where they came from. By 1909, my grandparents Ambrose Finnegan
and Geraldine Blewitt met and married in Scranton, Pennsylvania, and
passed on to my mother, Catherine Eugenia Finnegan Biden, a pride and a
passion that runs through the bloodstream of all Irish-Americans.
The story of the Irish the world over is one of people who have
weathered their fair share of hard times, but have always come out
strong on the other side. From often humble beginnings, Irish Americans
became the farmers, servants, miners, factory workers, and laborers who
fed our Nation, kept our homes, and built our industry and
infrastructure. They became the soldiers who won American independence,
died to preserve our Union, and fought in every battle since to defend
America and its values.
Irish Americans became the firefighters and police officers who have
protected us. They are the activists who organized unions to give voice
and strength to America's workers. They are the educators who taught
generations of American students and the public servants who have
answered the call to service in the halls of the Congress, the Supreme
Court, and the White House.
We owe a debt of gratitude to the Irish-American inventors and
entrepreneurs who helped define America as the land of opportunity.
Irish-American writers pollinated America's literary landscape with
their love of language and storytelling, while Irish lyricism has
brought poetry, art, music, and dance to nourish our hearts and souls.
As I said when I visited Dublin in 2016, our nations have always shared
a deep spark--linked in memory and imagination, joined by our histories
[[Page 42]]
and our futures. Everything between us runs deep: literature, poetry,
sadness, joy, and, most of all, resilience. Through every trial and
tempest, we never stop dreaming.
The fabric of modern America is woven through with the green of the
Emerald Isle. This month, we celebrate the sacrifices and contributions
that generations of Irish Americans have made to build a better America,
and we renew the bonds of friendship that will forever tie Ireland and
the United States.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 2021 as
Irish-American Heritage Month. I call upon all Americans to celebrate
the achievements and contributions of Irish Americans to our Nation with
appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of March,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10152 of March 1, 2021
National Colorectal Cancer Awareness Month, 2021
By the President of the United States of America
A Proclamation
For my family, for the Vice President's family, and for millions of
families across our Nation, the fight against cancer is personal. Too
many of us know the sinking feeling of shock and devastation when a
loved one receives a diagnosis of cancer--too many of us know the
unspeakable pain when the fight cannot be won. Each year, colorectal
cancer claims more than 50,000 American lives, making it the second
leading cause of cancer deaths in our Nation. National Colorectal Cancer
Awareness Month is a chance to bring greater attention to this terrible
disease and to offer what families living through it need most: hope.
In this battle, hope and awareness are intertwined. Because the risk of
death from colorectal cancer drops dramatically when the cancer is
caught early, we can save lives by calling attention to risk factors and
increasing routine screening. This month is our chance to improve public
understanding of colorectal cancer risk, inform people about screening
recommendations, and set our sights on broadening prevention strategies,
improving treatments, and finding a cure.
Colorectal cancer can afflict anyone, but the risk is higher among some
Americans than others. When we lost the trailblazing actor Chadwick
Boseman to colon cancer last year after a heroic fight, it served as a
reminder that this disease disproportionately impacts communities of
color--and is particularly fatal among Black Americans. Age, too, is a
factor, as
[[Page 43]]
the majority of cases occur in people over 50 years old. People with
increased risk for developing the disease include certain racial and
ethnic minority populations, as well as individuals with inflammatory
bowel disease, a family history of colorectal cancer, or other risk
factors such as tobacco use. For more information on risk factors, you
can visit www.cancer.gov.
As with so many diseases, the best defense against colorectal cancer is
early detection. Symptoms can include blood in the stool; stomach pain,
aches, or cramps that do not go away; and weight loss without a known
cause. But many cases have no symptoms, especially early in the disease,
when colorectal cancer is most curable. A recent Government study
estimated that if all 50-year-old adults were screened for colorectal
cancer, we could prevent approximately 35,000 deaths. That is why it is
so crucial, especially for Americans over 50 or otherwise at increased
risk, to receive regular screenings. And although the disease is
relatively rare in younger adults, the incidence of colorectal cancer
has been rising among this group. No matter your age, every American
should take possible colorectal cancer symptoms seriously and bring them
to the attention of your health care provider.
I know how hard it is right now to be mindful of preventive care. The
COVID-19 pandemic has disrupted so many parts of our lives, including,
for far too many, the routine checkups and screenings that are so vital
to guarding against disease. I urge every American to take the
precautions they need in order to stay vigilant against cancer--don't
delay your recommended screenings, doctor's visits, and treatments. You
and your healthcare provider can discuss how to balance the risks and
benefits of cancer screening, taking into account medical history,
family history, other risk factors, and the time between screenings.
My Administration is strongly committed to improving the prevention and
treatment of colorectal cancer, and to giving every American access to
quality, affordable health coverage. Because of the Affordable Care Act,
most health insurance plans must cover a set of preventive services with
no out-of-pocket cost. This includes colorectal cancer screening in
adults age 50 and older. In response to the COVID-19 pandemic, my
Administration also announced a Special Enrollment Period for the Health
Insurance Marketplace now through May 15th, so that millions of
uninsured individuals and families can sign up for health coverage and
gain these protections. I encourage you to visit www.healthcare.gov to
explore your eligibility and get covered.
Above all, I want every family facing this fight--and all those that
will in the future--to know that there is hope. As President, I am
committed to ending cancer as we know it. That mission motivated me
every day when I led the Cancer Moonshot Initiative in 2016 to speed up
progress toward prevention, treatment, and cures. Thanks to that effort,
researchers, oncologists, care providers, philanthropists, data and tech
experts, advocates, patients, and survivors have joined forces to double
the rate of progress toward a cure for cancer. One particular program,
Accelerating Colorectal Cancer Screening and follow-up through
Implementation Science (ACCSIS), has made strides to improve colorectal
cancer screening, follow-up, and referral for care among populations
that have low screening rates, including communities of color and rural
Americans. You can read
[[Page 44]]
more about this important work by visiting www.cancer.gov and
www.cdc.gov/cancer.
This month, I encourage all Americans to talk to family and friends
about getting screened. If we look out for one another, we can reduce
suffering, increase the odds of cancer survival, keep more families
whole, and win this fight once and for all.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 2021 as
National Colorectal Cancer Awareness Month. I encourage all citizens,
government agencies, private businesses, non-profit organizations, and
other groups to join in activities that will increase awareness and
prevention of colorectal cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of March,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10153 of March 1, 2021
Women's History Month, 2021
By the President of the United States of America
A Proclamation
Each year, Women's History Month offers an important opportunity for us
to shine a light on the extraordinary legacy of trailblazing American
women and girls who have built, shaped, and improved upon our Nation.
Throughout American history, women and girls have made vital
contributions, often in the face of discrimination and undue hardship.
Courageous women marched for and won the right to vote, campaigned
against injustice, shattered countless barriers, and expanded the
possibilities of American life. Our history is also replete with
examples of the unfailing bravery and grit of women in America,
particularly in times of crisis and emergency. Women served our Nation
during World War II, led organizing and litigation efforts during the
Civil Rights movement, and represented the United States on the global
stage in the fight for human rights, peace, and security. Far too often,
their heroic efforts and their stories have gone untold--especially the
millions of Black women, immigrant women, and others from diverse
communities who have strengthened America across every generation.
In our current moment of crisis, women continue to lead. From vaccine
researchers to public health officials to the countless heroines on the
frontlines, women are working around the clock to defeat COVID-19.
Women, and particularly women of color, also make up the majority of
America's essential workers, including educators and child care
providers, grocery store workers, farmworkers, and others who are
keeping our families, our communities, and our country afloat. This year
has also marked
[[Page 45]]
an historic milestone of women's leadership 232 years in the making,
with the inauguration of America's first woman Vice President.
As we celebrate the contributions and progress of women and girls, we
must also reflect on the extraordinary and unequal burdens they continue
to bear today. The COVID-19 pandemic has exacerbated barriers that have
held back women--particularly women of color--for generations. Gender
and racial disparities in pay continue to fester. A disproportionate
share of caregiving continues to fall on the shoulders of women and
girls. And now, job losses due to COVID-19 have set women's labor force
participation back to its lowest point in more than 30 years--
threatening the security and well-being of women and their families and
imperiling the economic progress of our entire Nation. The share of
mothers who have left the labor force is three times that of fathers; in
September 2020 alone, an astonishing 865,000 women dropped out of the
American workforce. These trends are even more dire among women of
color, with Black and Hispanic women facing disproportionately high
rates of unemployment. At the same time, food insecurity has risen
dramatically since the pandemic began, particularly in female-headed
households with children, as have reports of intimate partner violence.
Since taking office on January 20th, Vice President Kamala Harris and I
have made COVID-19 vaccination, relief, and broad-based economic
recovery efforts a top priority. Our goal is not to return our economy
to where it was before the pandemic struck. Our goal is to build back
better--and that means creating a strong and durable foundation for the
economic opportunity and security of women in America. Our plans include
proposals to provide individual payments and tax credits to put money in
the hands of families in need; increase housing and food assistance as
well as unemployment insurance; lower health costs and expand access to
coverage; increase support for and access to child care; and expand
existing paid leave policies. We are also committed to making further
progress on what, for me, has been a lifelong cause: reducing gender-
based violence, and advancing the safety, economic stability, and well-
being of survivors.
Sixty years ago, when former First Lady Eleanor Roosevelt confronted
President John F. Kennedy about the lack of women in Government, he
appointed her as head of a new commission to address the status of women
in America and take on discrimination in all of its forms. We have made
significant progress in the United States, thanks to the persistence and
tireless work of countless women. I am proud that the White House Gender
Policy Council will build on those efforts by putting a laser focus on
the needs and contributions of women and girls, and ensuring a
Government-wide focus on gender equity. Our Administration is also
committed to ensuring that women are well-represented at all levels in
the executive branch: already, we have selected a record number of women
who represent the diversity of America to serve in Cabinet-level
positions.
During Women's History Month, let us honor the accomplished and
visionary women who have helped build our country, including those whose
contributions have not been adequately recognized and celebrated. And
let us pay tribute to the trailblazers from the recent and distant past
for daring to envision a future for which no past precedent existed, and
for building a Nation of endless possibilities for all of its women and
girls.
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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 2021 as
Women's History Month. I call upon all Americans to observe this month
and to celebrate International Women's Day on March 8, 2021, with
appropriate programs, ceremonies, and activities. I also invite all
Americans to visit www.WomensHistoryMonth.gov to learn more about the
vital contribution of women to our Nation's history.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of March,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10154 of March 1, 2021
National Consumer Protection Week, 2021
By the President of the United States of America
A Proclamation
American families are grappling with the devastating challenges of the
COVID-19 pandemic and the economic crisis with courage and resilience
every day. In this moment of crisis, the last thing any of us should
have to contend with are predators in the consumer marketplace seeking
to take advantage of us, exploit our personal data, or invade our
digital privacy.
Unfortunately, the pandemic has brought a wave of fraud in its wake,
with scam artists serving up fake websites and advertisements targeting
desperate Americans in search of personal protective equipment. Scammers
also saw the distribution of stimulus payments as fertile ground for
fraud, offering vulnerable people false promises of help to get their
payments more quickly. My Administration has zero tolerance for these
and other criminals who take Americans' hard-earned dollars or abuse
their personal information.
As Americans rely more and more on digital products--from virtual
communication tools helping us stay connected through the pandemic, to
apps and smart appliances that bring greater convenience to our lives--
our commitment to consumer protection must keep pace with these
incredible innovations. Just because we increasingly depend on
technology to work, shop, go to school, and see our loved ones doesn't
mean that we should sacrifice our safety or privacy.
My Administration will make it a priority to ensure that companies
providing these and other services honor consumer expectations regarding
their privacy and their data. We will pursue fraudulent actors
aggressively, and work to raise the bar on digital security standards as
new innovations are introduced. We also recognize the important role
that savvy consumers play in keeping the marketplace honest. My
Administration will make sure that Americans in every community have
access to the educational resources they need to make informed choices
online--including resources to help them protect their privacy and
recognize, avoid, and report fraudulent schemes.
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As millions of Americans face continued hardship from the COVID-19
pandemic, we must also prevent abuses that can result in individuals and
families losing their homes. My Administration has taken decisive action
to help keep people in their homes, and I encourage Americans to visit
www.consumerfinance.gov/housing for up-to-date information on their
relief options, protections, and key deadlines. As Federal agencies
continue working to implement housing assistance for American families,
the Consumer Financial Protection Bureau offers this website as a one-
stop shop for both homeowners and renters to learn about programs and
resources that can help them stay in their homes by reducing the risk of
eviction and foreclosure.
The Federal Trade Commission and the Consumer Financial Protection
Bureau, our Nation's consumer protection agencies, in coordination with
law enforcement across the country, fight predatory practices and
privacy violations day in and day out, with investigations, law
enforcement actions, and free, actionable, plain-language consumer
education resources. National Consumer Protection Week brings together
public and private sector organizations that work to educate and protect
the American people from marketplace threats. This week, and all year
long, my Administration is dedicated to making sure that every American
understands their rights and has access to information that can help
protect themselves and their communities. To learn more about these
resources, visit www.consumer.ftc.gov. To learn how to get involved with
National Consumer Protection Week, visit www.ftc.gov/ncpw.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim February 28
through March 6, 2021, as National Consumer Protection Week. I call upon
government officials, industry leaders, and advocates across the Nation
to share information about consumer protection and provide our citizens
with information about their rights as consumers.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of March,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10155 of March 1, 2021
Read Across America Day, 2021
By the President of the United States of America
A Proclamation
I have always believed that America's children are the kite strings that
keep our national ambitions aloft--the more we do today to spark their
curiosity, their confidence, and their imaginations, the stronger our
country will be tomorrow. The key to developing young learners into
engaged, active, and innovative thinkers is instilling in them a love of
reading at an early age. Reading is the gateway to countless skills and
possibilities--it sets children on the path to a lifetime of discovery.
On this Read Across America Day,
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we celebrate the parents, educators, librarians, and other champions of
reading who help launch our Nation's children on that critical path.
Once a passion for reading takes hold in a young person, the benefits
extend far beyond the classroom. Reading broadens our perspective,
introduces us to new worlds, cultures, and languages, and cultivates our
sense of empathy and understanding of other people's experiences and
views. Reading informs us, empowers us, and teaches us the lessons of
history. It helps us make sense of the world as it is--and inspires us
to dream of what it could be. Studies also show that reading improves
our memory, helps us become better problem solvers, and even reduces the
chance of developing cognitive disorders such as Alzheimer's down the
road. And with the right book in hand, reading can nourish not only our
minds, but our souls.
The First Lady often observes that ``any nation that out-educates us
will out-compete us.'' She is absolutely correct. Literacy is essential
to finding a good-paying job, advancing in your career, and carving out
your place in the middle class. Reading proficiency is what makes us a
Nation of innovators and entrepreneurs--a Nation capable of building and
growing a dynamic 21st century economy. Reading comprehension is also
what allows us to discern fact from fiction--a critical skill at all
times, and especially so in the midst of a global pandemic, when the
health and safety of our loved ones could very well depend on
determining the veracity of what we read.
According to Department of Education estimates, more than half of United
States adults (54 percent) between 16- and 74-years of age lack
proficiency in literacy, reading below the equivalent of a sixth-grade
level. Illiteracy incurs a massive economic toll on our economy, and
keeps not just individuals, but our entire Nation, from reaching our
full potential. By every calculation, reading matters to our shared
quality of life.
For countless Americans, the path to literacy begins with story time in
their school classroom. That is one of many reasons why my
Administration is providing support to States and communities to help
them create the conditions for students to return to safe, in-person
learning as quickly as possible. We must ensure that all of our children
receive the high-quality instruction and essential classroom time they
need to learn and grow. It is a national imperative that we minimize the
learning loss caused by the pandemic--and address the disproportionate
impact that lost time imposes on our most vulnerable students and
families.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 2, 2021, as
Read Across America Day. I call upon children, families, educators,
librarians, public officials, and all the people of the United States to
observe this day with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of March,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
[[Page 49]]
Proclamation 10156 of March 18, 2021
Honoring the Victims of the Tragedy in the Atlanta Metropolitan Area
By the President of the United States of America
A Proclamation
As a mark of respect for the victims of the senseless acts of violence
perpetrated on March 16, 2021, in the Atlanta Metropolitan area, by the
authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, I hereby
order that the flag of the United States shall be flown at half-staff at
the White House and upon all public buildings and grounds, at all
military posts and naval stations, and on all naval vessels of the
Federal Government in the District of Columbia and throughout the United
States and its Territories and possessions until sunset, March 22, 2021.
I also direct that the flag shall be flown at half-staff for the same
length of time at all United States embassies, legations, consular
offices, and other facilities abroad, including all military facilities
and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10157 of March 19, 2021
National Poison Prevention Week, 2021
By the President of the United States of America
A Proclamation
Sixty years ago, the Congress established National Poison Prevention
Week to remind all Americans to stay vigilant and protect our families
from the often hidden threat of poisoning. Never has that reminder been
more timely than this year--9 out of 10 poisonings occur inside the
home, and with families spending more time indoors due to the COVID-19
pandemic, children and isolated seniors are at an increased risk of
accidental poisoning that could result in injury or death.
Young children are particularly vulnerable to accidental poisoning
because--as every parent knows--children tend to explore objects with
their hands and mouths. That's especially true when it comes to products
with floral or fruity aromas, or those that come in colorful packaging.
Hand sanitizer, household cleaning products, laundry packets,
medications, coin cell batteries, and liquid nicotine are among the most
commonly ingested products; these and similar items should be stored in
child-resistant packaging and kept out of sight and out of reach of
children. Medications should be secured and, if possible, locked away.
And unfinished or unused medicine
[[Page 50]]
should be properly discarded--many pharmacies and police departments
have disposal kiosks for just that purpose.
In 2019, approximately 67,500 of our Nation's children under the age of
5 had to visit the emergency room due to unintended poisoning. About 85
percent of these incidents occurred in the home, most often because they
ingested blood pressure medications, acetaminophen, bleach, ibuprofen,
antidepressants, attention deficit disorder medications, or laundry
packets. Elderly Americans are also at risk of mistaking medications and
ingesting household products; for seniors who are isolated due to the
pandemic, it is particularly important to secure and clearly label
medications and poisonous substances.
Poison control centers are a vital component of our Nation's response to
poisonings. Centers across the United States operate around the clock
and respond to approximately three million calls every year from the
public, as well as from health care providers, 911 public-safety access
points, health departments, law enforcement, first responders, and other
safety agencies. They represent our first line of defense in many cases,
including when it comes to the opioid epidemic that continues to
devastate so many of our families and communities.
According to the Centers for Disease Control and Prevention, overdose
deaths have increased significantly in the past several years. Opioids
are the main driver for this increase, killing nearly 47,000 people in
the United States in 2018. Two out of three opioid-involved overdose
deaths involve synethic opioids, including illegally manufactured
fentanyl. When used in combination with other drugs, with or without the
user's knowledge, it can be poisonous and deadly.
But even legal substances, like liquid nicotine, can pose a deadly risk.
Ingestion of small amounts of liquid nicotine can be extremely hazardous
and even deadly to children, which is why the Consumer Product Safety
Commission has warned vape shops and other retailers that selling liquid
nicotine without proper packaging violates Federal law. To avoid
potential poisonings, always store liquid nicotine in its child-
resistant packaging, tightly seal the container after each use, and keep
it locked or stored away from children.
If you believe someone has been poisoned, immediately call the Poison
Control Help line at 800-222-1222. For more information, go to
poisonhelp.org.
To encourage Americans to learn more about the dangers of unintentional
poisonings and to take appropriate preventive measures, on September 26,
1961, the United States Congress, by joint resolution (75 Stat. 681),
authorized and requested the President to issue a proclamation
designating the third week of March each year as ``National Poison
Prevention Week.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim March 21 through March 27, 2021, to be
National Poison Prevention Week. I call upon all Americans to observe
this week by taking actions to safeguard their families from poisonous
products, chemicals, and medicines often found in our homes, and to
raise awareness of these dangers to prevent accidental injuries and
deaths.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
March, in the year of our Lord two thousand twenty-one, and of the
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Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10158 of March 22, 2021
National Agriculture Day, 2021
By the President of the United States of America
A Proclamation
On National Agriculture Day, we recognize the unique and irreplaceable
value that farmers, ranchers, foresters, farmworkers, and other
agricultural stewards have contributed to our Nation's past and present.
America's agriculture sector safeguards our Nation's lands through
sustainable management; ensures the health and safety of animals,
plants, and people; provides a safe and abundant food supply; and
facilitates opportunities for prosperity and economic development in
rural America.
Over the last year, workers and other leaders across the agriculture
sector have stepped up to ensure a stable food supply in the face of
incredible challenges prompted by the COVID-19 pandemic. Farmworkers,
who have always been vital to our food system, continued to grow,
harvest, and package food, often at great personal risk. Local farmers
helped to meet their communities' needs by selling food directly to
consumers. Small meat processors increased their capacity as demand for
their services skyrocketed. Restaurants found creative ways to bring
food to members of their communities. Grocers and grocery workers also
navigated new models, such as curbside pickup and online sales.
These collective efforts helped get food to the millions of adults and
children in America experiencing nutrition insecurity. Programs such as
the Supplemental Nutrition Assistance Program; the Special Supplemental
Nutrition Program for Women, Infants, and Children; school meals; and
others focused on eliminating nutrition insecurity play an integral role
in making sure that every family has enough food on the table.
As we overcome the pandemic and build back better, we will advance an
agriculture sector that works for everyone. When I took office, I made a
commitment alongside Vice President Kamala Harris to put racial equity
at the forefront of our Administration's priorities. For generations,
Black, Indigenous, and other farmers of color have contributed to
sustaining this Nation. They fed their communities, gave the country new
food products, and nourished communities with rich food traditions. Yet
for generations they have faced the harmful effects of systemic racism.
On this National Agriculture Day, I remain determined to address racial
inequity and create an equitable space for all to participate in the
great American enterprise of agriculture.
I also made a commitment to tackle the climate crisis. Farmers,
ranchers, and foresters play a critical role in combating climate
change. From sequestering carbon in the soil to producing renewable
energy on farms, we will continue to innovate and create new revenue
streams for farmers and ranchers while building a resilient agriculture
sector.
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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 23, 2021, as
National Agriculture Day. I call upon all Americans to join me in
recognizing and reaffirming our commitment to and appreciation for our
country's farmers, ranchers, foresters, farmworkers, and those who work
in the agriculture sector across the Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10159 of March 23, 2021
Education and Sharing Day, U.S.A., 2021
By the President of the United States of America
A Proclamation
If the isolation and loss of the last year has taught us anything, it is
just how much we need each other, how intertwined our lives are, and how
deeply we crave conversation, connection, and community. We are at our
best when we work together and help our neighbors, whether down the road
or around the world.
This lesson is at the heart of Education and Sharing Day, U.S.A., when
we celebrate the role models, mentors, and leaders who devote themselves
to the progress and success of each new generation, to reinforcing our
common bonds, and to lifting up our highest ideals. Today, we mark the
legacy of Rabbi Menachem Mendel Schneerson, the Lubavitcher Rebbe, a
guiding light of the international Chabad-Lubavitch movement and a
testament to the power and resilience of the human spirit. A witness to
some of the 20th century's darkest events and greatest tragedies, he
devoted his life to bringing healing by advancing justice, compassion,
inclusivity, and fellowship worldwide. A tireless advocate for students
of all ages, he sought to foster exchange, understanding, and unity
among all people.
The global pandemic has brought some measure of struggle and sorrow to
each of us, and amidst the larger tragedies--the tragic loss of so many
lives and livelihoods--we have also missed the many small but meaningful
moments that contribute to our shared humanity: a hug or handshake, a
smile or a meal, the dignity of daily work, and the simple routines that
give our lives greater structure and purpose. We have realized that one
of the greatest gifts our schools give to our students and educators is
time spent with each other--the daily opportunities to learn and grow
together, face to face. There is no substitute for this experience and
the wonder and wisdom it brings.
The American Rescue Plan will help to restore these connections. The
plan dedicates the resources we need to defeat the pandemic and return
to our lives and loved ones, and provides direct relief to families,
small businesses, and communities. It also includes 130 billion dollars
to help
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schools in every community reopen safely and soon, so that our children
can return to the invaluable interactions with friends, teachers, and
school staff that add up to so much more than the sum of their parts.
On this Education and Sharing Day, U.S.A., let us recommit ourselves to
building an America that is more just, equal, unified, and prosperous.
Let us leave our children a nation and a world that is better than the
one we inherited--and, in the spirit of history's greatest teachers, let
us help all of our students to love learning; seek lives of dignity,
decency, and respect; and work together for the common good.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 24, 2021, as
Education and Sharing Day, U.S.A. I call upon all government officials,
educators, volunteers, and all the people of the United States to
observe this day with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10160 of March 23, 2021
Honoring the Victims of the Tragedy in Boulder, Colorado
By the President of the United States of America
A Proclamation
As a mark of respect for the victims of the senseless acts of violence
perpetrated on March 22, 2021, in Boulder, Colorado, by the authority
vested in me as President of the United States by the Constitution and
the laws of the United States of America, I hereby order that the flag
of the United States shall be flown at half-staff at the White House and
upon all public buildings and grounds, at all military posts and naval
stations, and on all naval vessels of the Federal Government in the
District of Columbia and throughout the United States and its
Territories and possessions until sunset, March 27, 2021. I also direct
that the flag shall be flown at half-staff for the same length of time
at all United States embassies, legations, consular offices, and other
facilities abroad, including all military facilities and naval vessels
and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10161 of March 24, 2021
Greek Independence Day: A National Day of Celebration of Greek and
American Democracy, 2021
By the President of the United States of America
A Proclamation
Exactly 200 years ago, inspired by the same ideals of liberty, self-
governance, and passionate belief in democracy that sparked the American
Revolution, the people of Greece declared their independence. Today, the
people of the United States join the Greek people in commemorating the
creation of the modern Greek state--and celebrating two centuries of
enduring friendship between our nations.
On Greek Independence Day, we celebrate the history and values that
unite the United States of America and the Hellenic Republic. Our
Founding Fathers drew inspiration from ancient Greece's example as they
framed our Constitution and formed the world's first modern democracy. A
few decades later, American Philhellenes championed Greece's quest for
independence, forging a close connection between our peoples that has
flourished over the ensuing years.
During the course of my career, I have had the privilege to work closely
with many Greek Prime Ministers. I have been blessed by lifelong
friendships in the Greek-American community, including with a great
leader whom we recently lost, Senator Paul Sarbanes. From a young age, I
have admired the courage, decency, and honor that defines the Greek
community--the unwillingness to bend or bow in the face of injustice, or
to accept abuses of power.
Today, Greece is a crucial NATO ally and friend of the United States,
and a leader for peace and prosperity in the Eastern Mediterranean,
Black Sea, and Western Balkans regions. The United States welcomes
Greece's commitment to hosting the United States Naval Support Activity
at Souda Bay, Crete, and United States rotational forces elsewhere in
Greece. Through our ongoing Strategic Dialogue, we have advanced our
relationship in nearly every respect. We have accelerated progress on
making the region a safer place, and we have increased trade and
investment that brings jobs and prosperity to the people of our nations
and to the world.
Our strong and historic relationship continues to grow in depth and
breadth. We have diversified the region's energy sources, enhanced
educational and cultural exchanges, partnered on counterterrorism, and
reconfirmed our commitment to the rule of law. As we honor our shared
history and accomplishments, we believe the common values that have
guided our societies for 200 years will help us accomplish even more
together in the years to come.
This bicentennial reminds Americans and Greeks alike of the enduring
strength of the principles that sparked our respective revolutions and
the values that uphold our democracies. We congratulate Hellenic-
American organizations, the estimated three million Americans of Greek
descent, and the Greek people on a year of commemorations and events
celebrating this historic milestone in both the United States and
Greece. Together, we will
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continue to lift high the lamp of democracy, whatever challenges come
our way.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 25, 2021, as
Greek Independence Day: A National Day of Celebration of Greek and
American Democracy, and I call upon the people of the United States to
observe this day with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10162 of March 24, 2021
National Equal Pay Day, 2021
By the President of the United States of America
A Proclamation
Equal Pay Day is a reminder of the work that still remains to advance
equity and ensure that all Americans have the opportunity to reach their
full potential. This day is a symbolic representation of how far into
this year women must work to catch up to what men made in the previous
year. Women working full-time, year-round are typically paid just 82
cents for every dollar paid to men. It is a day that calls us to
action--to renew our commitment to the principles of equity and equal
opportunity that define who we are as Americans.
Women lose thousands of dollars each year, and hundreds of thousands
over a lifetime, because of the gender and racial wage gap. In 2019, the
typical woman who worked full time took home just 82 percent of the
typical man's pay. The disparities are even greater for Black, Native
American, and Hispanic women, who earned 63 percent, 60 percent, and 55
percent of white men's wages, respectively. While Asian American women
make 87 percent of what white men make, the gap for Asian women varies
significantly depending on subpopulation, with some Asian women--for
example, Cambodian and Vietnamese women--earning among the lowest wages.
Those gaps mean we will not be marking Latinas' Equal Pay Day until
October--because it takes that long for the average Latina to earn what
the average white man made in the previous year. Since the COVID-19
pandemic began, we have seen women, particularly women of color,
disproportionately working on the frontlines, caring for our loved ones,
and working to combat the virus--but they continue to earn less than
their male counterparts.
The Biden-Harris Administration believes that ensuring equal pay is
essential to advancing America's values of fairness and equity as well
as our economic strength here at home and our competitiveness abroad.
The burdens and job losses women sustained this year have erased more
than 30 years
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of progress they have made in the labor force. Due in large part to the
impact of the pandemic, there are 4.2 million fewer women working now
than there were in February 2020--and millions more women have had to
reduce their hours, often in response to caregiving demands that we know
fall disproportionately on women. America's economic recovery depends on
us addressing the barriers that have hampered women from fully
participating in the labor force, resulting in gender income and wealth
gaps that have been magnified and exacerbated by COVID-19.
We must begin by passing the Paycheck Fairness Act, which will take
important steps towards the goal of ending pay discrimination. For
instance, it will ban employers from seeking salary history--removing a
common false justification for under-paying women and people of color--
and it will hold employers accountable who engage in systemic
discrimination. The bill will also work to ensure transparency and
reporting of disparities in wages, because the problem will never be
fixed if workers are kept in the dark about the fact that they are not
being paid fairly. Relying on individuals to uncover unfair pay
practices on their own will not get the job done; when pay data is
available, workers can better advocate for fair pay and employers can
fix inequities.
We must also provide paid family and medical leave, make schedules more
predictable and childcare more affordable, and build pipelines for
training that enable women to access higher-paying jobs. This commitment
also means increasing pay for childcare workers, preschool teachers,
home health aides, and others in the care economy--and taking additional
steps to increase wages for American workers, such as raising the
minimum wage and empowering workers to organize and collectively
bargain, both of which are important to reducing the wage gap for women.
Vice President Harris and I are committed to building back better: for
low-wage workers, for working families, and for all women. There is
still significant work to be done to make sure our daughters receive the
same rights and opportunities as our sons, and that work is critical to
ensuring that every American is given a fair shot to get ahead in this
country. Today, on Equal Pay Day, we recognize the role that equal pay
plays in building back better for everyone.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 24, 2021, as
National Equal Pay Day. I call upon all Americans to recognize the full
value of women's skills and their significant contributions to the labor
force, acknowledge the injustice of wage inequality, and join efforts to
achieve equal pay.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10163 of March 31, 2021
C[eacute]sar Ch[aacute]vez Day, 2021
By the President of the United States of America
A Proclamation
In his time, C[eacute]sar E. Ch[aacute]vez witnessed a booming economy
that served those at the top, but left millions of hardworking Americans
behind--and he earned an enduring place in history by standing strong
for the rights and dignity of the working people who built and sustained
our Nation. Today, on what would have been his 94th birthday, we summon
his courage and moral clarity to guide us as we face the ongoing
challenges of a pandemic, a deeply unequal economic crisis, and a long
overdue national reckoning on racial and economic justice. As we work to
recover and rebuild an economy that rewards hard work and brings
everyone along--including the immigrants and farm workers he championed,
as well as the essential workers carrying our Nation on their backs
today--we have no finer role model than C[eacute]sar Ch[aacute]vez.
His legacy as the founder, along with Dolores Huerta, of the United Farm
Workers of America, reminds us of the central place that organizing and
collective bargaining holds in advancing the dignity and wellbeing of
working Americans. It's a reminder that the power of workers coming
together to bargain for a better deal is what built the American middle
class and made possible the American dream. Ch[aacute]vez taught us:
``Our ambitions must be broad enough to include the aspirations and
needs of others, for their sakes and for our own.'' That most American
of sentiments is as resonant today as it has ever been, as we seek to
build back our Nation in a way that brings every single one of us along.
He fasted. He marched. He organized. He stayed true to his convictions,
and brought hope to millions for whom hope had often seemed too far
away. To him, ``La Causa'' meant elevating our common humanity to the
center of an agenda for progress. And that elevation meant organizing
for safe and healthy workplaces, a living wage, protections against
sickness and disability, time with family, and so much else that we
continue to prize and fight for today.
I keep that lesson in my heart every day--and I was proud to place a
bust of C[eacute]sar Ch[aacute]vez in the Oval Office, so that no one
who enters that historic room may forget the powerful truths his farm
worker hands imparted. On C[eacute]sar Ch[aacute]vez Day, let us
recommit ourselves to the duty we have in service to one another to work
toward equity and justice across our communities.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 31, 2021, as
C[eacute]sar Ch[aacute]vez Day. I call upon all Americans to observe
this day as a day of service and learning, with appropriate service,
community, and education programs to honor C[eacute]sar Ch[aacute]vez's
enduring legacy.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
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Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10164 of March 31, 2021
Transgender Day of Visibility, 2021
By the President of the United States of America
A Proclamation
Today, we honor and celebrate the achievements and resiliency of
transgender individuals and communities. Transgender Day of Visibility
recognizes the generations of struggle, activism, and courage that have
brought our country closer to full equality for transgender and gender
non-binary people in the United States and around the world. Their
trailblazing work has given countless transgender individuals the
bravery to live openly and authentically. This hard-fought progress is
also shaping an increasingly accepting world in which peers at school,
teammates and coaches on the playing field, colleagues at work, and
allies in every corner of society are standing in support and solidarity
with the transgender community.
In spite of our progress in advancing civil rights for LGBTQ+ Americans,
too many transgender people--adults and youth alike--still face systemic
barriers to freedom and equality. Transgender Americans of all ages face
high rates of violence, harassment, and discrimination. Nearly one in
three transgender Americans have experienced homelessness at some point
in life. Transgender Americans continue to face discrimination in
employment, housing, health care, and public accommodations. The crisis
of violence against transgender women, especially transgender women of
color, is a stain on our Nation's conscience.
The Biden-Harris Administration is committed to fulfilling the promise
of America for all Americans by stamping out discrimination and
delivering freedom and equality for all.
To ensure that the Federal Government protects the civil rights of
transgender Americans, I signed, on my first day in office, an Executive
Order on Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation. Today, we are proud to celebrate
Transgender Day of Visibility alongside barrier-breaking public
servants, including the first openly transgender American to be
confirmed by the United States Senate, and alongside patriotic
transgender service members, who are once again able to proudly and
openly serve their country. We also celebrate together with transgender
Americans across the country who will benefit from our efforts to stop
discrimination and advance inclusion for transgender Americans in
housing, in credit and lending services, in the care we provide for our
veterans, and more.
To more fully protect the civil rights of transgender Americans, we must
pass the Equality Act and provide long overdue Federal civil rights
protections on the basis of sexual orientation and gender identity. The
Equality Act will deliver legal protections for LGBTQ+ Americans in our
housing,
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education, public services, and lending systems. It will serve as a
lasting legacy to the bravery and fortitude of the LGBTQ+ movement.
Vice President Harris and I affirm that transgender Americans make our
Nation more prosperous, vibrant, and strong. I urge my fellow Americans
to join us in uplifting the worth and dignity of every transgender
person.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim March 31, 2021, as
Transgender Day of Visibility. I call upon all Americans to join in the
fight for full equality for all transgender people.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10165 of March 31, 2021
Month of the Military Child, 2021
By the President of the United States of America
A Proclamation
April marks the Month of the Military Child, when our Nation pays
tribute to the resilience and tenacity of our military children; over 2
million active duty, National Guard, Reserve and children of veterans
who did not make the choice to serve, but live each day supporting their
brave parents. These young people live out the words of the poet John
Milton, ``they also serve who only stand and wait.'' We see their
service and thank them for it.
From a young age, children of service members sometimes endure long
separations from their parents and shoulder the burdens of service. They
spend holidays and milestones apart from those they love the most, or
celebrate with only a short phone call or virtual chat from a faraway
parent. This is something the First Lady and I have witnessed in our own
lives, as our grandchildren experienced their father's deployment to
Iraq.
Military children change schools up to nine times between the start of
kindergarten and high school graduation. With each move, they grapple
with difficult goodbyes and the challenge of making new friends.
Although life in a military family can include exploring new places and
exposure to other cultures and customs, it can also bring frustration
and loneliness. During the Month of the Military Child, we show our
appreciation for the commitment and service of military children in
shouldering these challenges, and we recognize the stressors on military
children brought about by the unique demands of their parents' military
life.
The strength of our Armed Forces comes not just from those who wear the
uniform, but from their families, who also serve on behalf of our
country. As a Nation, we have many obligations, but we have only one
truly sacred obligation: to properly prepare and equip our troops when
we send them
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into harm's way, and to care for them and their families. The First Lady
and I understand the gravity of this promise personally, and we have
made supporting service members, veterans, their families, caregivers,
and survivors a top priority for my Administration.
That is why the First Lady has committed to relaunching the Joining
Forces initiative, mobilizing all Americans to continue the national
commitment to support and engage our military families. By raising
awareness about the unique aspects of military life and working toward
solutions to its challenges, my Administration will continue to support
military children and will help ensure that they have opportunities to
grow and live out their dreams.
Observing the Month of the Military Child demonstrates our support for
military children who make daily sacrifices so their parents can keep
our Nation safe. Military-connected children are strong and resilient,
and we must match their strength with a commitment to provide the full
support of our communities and our Government. I encourage all Americans
to serve them as well as they serve us.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 2021 as the
Month of the Military Child. I call upon the people of the United States
to honor military children with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10166 of March 31, 2021
National Cancer Control Month, 2021
By the President of the United States of America
A Proclamation
Despite the incredible advancements we have made in recent years, cancer
remains the second leading cause of death in the United States. Behind
this statistic are millions of Americans who know the distress of
receiving a cancer diagnosis, and millions more who watch family members
or friends courageously fight this disease and too often succumb to it.
Cancer is brutal and cruel, and I intimately understand the incalculable
human toll that this disease inflicts on patients and their loved ones--
a toll that strikes communities of color at disproportionately high
rates.
During National Cancer Control Month, we celebrate the progress made
against this disease, and we reaffirm our national commitment to
preventing cancer, improving treatments and the delivery of care, and
finding a cure. This includes efforts to improve cancer prevention,
promote early detection, enhance treatment, and support the needs of
cancer survivors
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and caregivers. This issue is deeply personal for me--and as President,
I am committed to ending cancer as we know it.
Progress begins with helping people take steps to lower their risk for
many kinds of cancer. Tobacco use remains the top cause of cancer deaths
in the United States. By helping people quit smoking and limiting
exposure to secondhand smoke, we can reduce cancer risk and save lives.
Resources to help quit smoking can be found at SmokeFree.gov or by
calling 1-800-QUIT-NOW. Eating healthy, getting regular physical
activity, limiting alcohol consumption, and reducing sun exposure when
the sun is at its peak can also help reduce the risk of getting cancer.
My Administration is proud to support efforts like the Centers for
Disease Control and Prevention's National Comprehensive Cancer Control
and the National Breast and Cervical Cancer Early Detection Programs,
which help Americans in communities throughout the country get
recommended cancer screenings. You can read more about these programs at
cdc.gov/cancer.
My Administration is also a proud supporter of ClinicalTrials.gov, the
world's largest public clinical research database that gives patients,
families, health care providers, researchers, and others easy access to
information on clinical studies relating to a wide range of diseases and
conditions, including cancer.
This year also marks the 50th anniversary of the National Cancer Act of
1971. This landmark legislation cemented our Nation's commitment to
cancer research, establishing networks of cancer centers, clinical
trials, data collection systems, and advanced research, without which
many breakthroughs against cancer in recent years would not have
occurred.
In addition, the Cancer Moonshot, which former President Obama and I
initiated in 2016, accelerated progress in cancer prevention, treatment,
and cures, including by funding six Implementation Science Centers in
cancer control. These centers were created to expand the use of proven
cancer prevention and early detection strategies, especially among
underserved, rural, and minority populations, which often have lower
rates of cancer screening and thus find cancer at more advanced stages.
You can read about these important research programs and breakthroughs
by visiting cancer.gov.
As part of the Cancer Moonshot, we also established the Oncology Center
of Excellence at the Food and Drug Administration to drive faster and
better integrated development of drugs, medical devices, and biological
and other products to tackle this devastating disease. Find out more at
fda.gov.
This year, we must be especially mindful of the significant disruptions
the COVID-19 pandemic is bringing to cancer care--delaying routine
screening, diagnosis, and therapy. I urge Americans not to delay
recommended screenings, doctor's visits, and treatments. Because of the
Affordable Care Act, most health insurance plans must cover a set of
preventive services with no out-of-pocket costs, including many cancer
screenings. In response to the COVID-19 pandemic, my Administration also
announced a special enrollment period for the Health Insurance
Marketplace, allowing uninsured individuals and families to sign up for
health coverage and gain these protections through August 15th. I
encourage you to visit healthcare.gov to explore your eligibility and
get covered today.
Our Nation has made extraordinary advances in the fight against cancer.
Still, much work remains to be done. We owe it to every person who has
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lost their battle with this disease, every person living with this
disease, and every person who may one day contract it, to continue
working tirelessly to defeat it. During National Cancer Control Month,
let us renew our efforts to save lives and spare suffering by
accelerating our work to end cancer as we know it.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim April 2021 as National Cancer Control
Month. I encourage citizens, government agencies, private businesses,
nonprofit organizations, and other interested groups to join in
activities that will increase awareness of what Americans can do to
prevent and control cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10167 of March 31, 2021
National Child Abuse Prevention Month, 2021
By the President of the United States of America
A Proclamation
As we begin to emerge from a year of unprecedented stress and hardship,
children and families need our support more than ever. The confluence of
a devastating pandemic and the worst economic crisis in nearly a century
have increased the risk for child abuse and neglect as Americans grapple
with the compounding challenges of school and child care facility
closures, social isolation, and increased financial instability.
Children and families of color--who so often across our history have
been underserved, marginalized, and adversely affected by persistent
poverty and inequality--face even greater adversity today as they
disproportionately carry the burdens of the COVID-19 crisis. During
National Child Abuse Prevention Month, and throughout the entire year,
it is imperative that we join together as one Nation to combat child
abuse in all of its forms--through neglect, mistreatment, or physical,
emotional, or sexual abuse.
Community-based child abuse prevention programs are a critical tool for
preventing the mistreatment of children and advancing equity. Authorized
by Title II of the Child Abuse Prevention and Treatment Act, the purpose
of community-based child abuse prevention programs is to support local
efforts that strengthen and support families to reduce the likelihood of
child abuse. These programs offer comprehensive assistance that improves
family stabilization, while also fostering meaningful engagement with
diverse populations to promote effective prevention strategies.
Across our country, a vast network of frontline workers, court and legal
professionals, faith leaders, volunteers, teachers, and helpful loved
ones and neighbors work every day to support the wellbeing of our
children. They deserve our recognition and our sincere gratitude,
particularly in the
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midst of this difficult year. Though the pandemic has changed the ways
that they interact with the families they serve, they have shown
remarkable resilience, and their dedication to preventing child abuse
continues to transform lives.
We recognize that within the larger context of addressing child abuse,
there is a need to specifically address issues of sexual violence
against children and adolescents. My Administration is committed to
expanding efforts to improve prevention initiatives, enhance trauma-
informed responses to assist children and adolescents impacted by sexual
violence, and work toward healing and justice. It is an imperative not
only in the United States, but also in galvanizing global action to end
sexual violence against children and adolescents.
National Child Abuse Prevention Month is a time for us to not only honor
those who work to support children and strengthen families, but to shine
a light on the many ways we can all play a role in preventing children
from being harmed. The Prevention Resource Guide, an annual publication
by the Department of Health and Human Services, Administration for
Children and Families Children's Bureau outlines actions that can be
taken by communities, organizations, families, and individuals to
address the root causes of child abuse and provide meaningful and
equitable support to families. You can access the Prevention Resource
Guide and other resources at the Child Welfare Information Gateway's
Child Abuse Prevention Month website. By increasing efforts to prevent
child abuse, we will help children, families, and communities thrive.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 2021 as
National Child Abuse Prevention Month. I call upon all Americans to
protect our Nation's greatest resource--its children--and to take an
active role in supporting children and parents and creating safe
communities filled with thriving families.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10168 of March 31, 2021
National Donate Life Month, 2021
By the President of the United States of America
A Proclamation
April is National Donate Life Month, a time for all Americans to
celebrate the generosity of those who have saved lives by becoming
organ, eye, tissue, marrow, and blood donors--and to encourage more
Americans to follow their example. We also honor the families and
friends of donors who have supported their loved one's decision to
donate, as well as the caring
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and committed professionals who serve the transplantation community.
This month-long observance also encompasses National Pediatric
Transplant Week from April 18-24, a week dedicated to ending the
pediatric transplant waiting list.
Despite the extraordinary challenges of the COVID-19 pandemic, 2020 saw
organ transplants from deceased donors set an annual record for the 10th
consecutive year--a testament to Americans' generosity and selflessness
even in times of unbearable loss. Thanks to the resilience of our organ
donation and transplantation professionals and the caring nature of the
American people, more than 39,000 life-saving or life-enhancing organ
transplants were performed in the United States last year from both
living and deceased donors.
While thousands of Americans receive the gift of life each year through
organ transplantation, the number of people in need of life-saving
organs remains staggeringly high. There are more than 107,000 people
currently on the national transplant waiting list, and another person is
added every nine minutes. Sadly, the waiting list currently contains
more than 1,900 children under the age of 18 who are awaiting a life-
saving organ transplant. While very small children most often must
receive donations from other young children due to size constraints,
older children and adults can often match. In many cases, that means
generous American adults can contribute to our goal of ending the
pediatric transplant waiting list.
Current statistics show that Americans belonging to minority groups make
up nearly 60 percent of those waiting for an organ transplant. Although
a transplant can be successful regardless of the race or ethnicity of
the donor and recipient, there is a greater chance of longer-term
survival for the recipient if the genetic background of the donor and
recipient are closely matched. Americans from every community are needed
to help make a life-saving difference.
Nearly 18,000 people are diagnosed each year with illnesses for which
blood stem cell transplantation--requiring marrow or cord blood--is the
best treatment option. Over 65 percent of these individuals require
donors from outside their own family. Although some 30 million adults
are currently registered as blood stem cell donors, many individuals
still have difficulty finding a suitably matched donor, meaning that we
need many more registrants to fill this life-saving need.
Every day, 17 people in America die while waiting for a transplant. Yet,
all of us have the power to help: one donor can save up to eight lives
through organ donation, and can improve another 75 lives through eye and
tissue donation. If you have not signed up as an organ donor, we need
your help to fill the gap between the availability of organs and people
who need them. I encourage all Americans to give hope to those awaiting
a match by visiting organdonor.gov for organ, eye, and tissue donation,
and bloodstemcell.hrsa.gov for marrow donation.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by the Constitution and the
laws of the United States, do hereby proclaim April 2021 as National
Donate Life Month. I call upon every person to share the gift of life
and hope with those in need of a life-saving or life-enhancing
transplant by becoming organ, eye, tissue, marrow, and blood donors.
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IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10169 of March 31, 2021
National Financial Capability Month, 2021
By the President of the United States of America
A Proclamation
My Administration is working hard to help Americans overcome the
financial impact of COVID-19 and the deep-rooted inequities in our
society that have greatly limited the economic prosperity of too many
Americans. Given the disproportionate impact the pandemic is having on
minority and low-income communities, a concerted effort by the Federal
Government is necessary for recovery and building back a better economy.
Financial education that builds financial capability helps families
receive assistance, build resilience, and benefit from a stronger and
more equitable economy. April is recognized as National Financial
Capability Month to highlight the value of high-quality financial
education to improving Americans' financial capability.
The Financial Literacy and Education Commission, a 23-member body of
Federal agencies, chaired by the Secretary of the Treasury, was created
to coordinate and improve financial education for all Americans. Its
members are helping address the financial challenges our country faces
as a result of the COVID-19 pandemic. Agencies are reaching American
families with critical assistance and information on home mortgage
forbearance, student loan repayment relief, unemployment assistance, and
economic impact payments. Federal agencies are also alerting the public
about scams, bogus investments, and other ways bad actors have tried to
take advantage of people during this crisis.
High-quality financial education should build on and respond to people's
individual strengths, circumstances, and needs in order to help them
work toward their own unique goals. Yet such high-quality financial
education has not historically reached all Americans, especially our
most underserved low-income and minority communities. This month, all
financial educators in Federal, State, local, and Tribal governments,
schools, and private sector organizations should recognize the systemic
disparities in our society that have acted as barriers to financial
well-being for too many families. They should redouble their efforts to
better understand and effectively serve historically underserved people
and communities, including people of color, low-income individuals, and
persons with disabilities.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 2021 as
National Financial Capability Month. I call upon all Americans to
observe this
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month by understanding barriers to financial well-being, and taking
action to build their own financial capability and assist others to do
so.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10170 of March 31, 2021
National Sexual Assault Prevention and Awareness Month, 2021
By the President of the United States of America
A Proclamation
Sexual assault, at its core, is a devastating abuse of power--one that
affects people of every age, race, sex, gender identity, sexual
orientation, national origin, socioeconomic background, and religion. It
is the responsibility of each of us to stand up and speak out against
it, not only to improve the laws and services available to survivors,
but also to change the culture and attitudes that allow sexual assault
to proliferate. Together, we must work toward a society that upholds
every person's right to live free from sexual violence--where our
institutions and communities commit to preventing sexual assault and
sexual harassment, supporting survivors, and holding offenders
accountable.
The pandemic has exacerbated the already harrowing challenges facing
sexual assault survivors by making it more difficult or risky for them
to seek help. Victims may be reluctant to go to the hospital for a
medical forensic exam because of the risk of COVID-19 exposure; rape
crisis centers and other social service providers have struggled to
maintain their services while adopting necessary public health
protocols; and survivors are often isolated from loved ones, friends, or
co-workers who might be in the best position to provide support. As we
race to stop the spread of this devastating virus, we must strengthen
our efforts to support sexual assault survivors whose suffering may be
compounded by this pandemic, as well as by the economic crisis that has
further undermined their economic security and taken a toll on service
providers.
We also must recognize that sexual assault was already a public health
crisis even before the pandemic struck. According to the National
Intimate Partner and Sexual Violence Survey, done by the CDC, one in
five women has been a victim of a completed or attempted rape at some
point in her lifetime. Research has revealed a strong link between
sexual violence and chronic disease, as well as greater long-term
economic burdens on survivors of sexual assault. The trauma of assault
is further compounded by the high costs of medical and mental health
care, navigating the criminal justice system, and lost productivity.
My Administration stands with survivors, and is committed to alleviating
the public health crisis of sexual assault. As part of the American
Rescue
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Plan (ARP), we included $450 million in supplemental funding for
domestic violence and sexual assault services, including rape crisis
centers. Recognizing the added barriers faced by survivors from
historically marginalized communities--particularly survivors who are
Black, Indigenous, Latino, Asian Americans and Pacific Islanders and
other people of color--the ARP includes new funding to support
community-based organizations to provide culturally-specific services
for survivors of sexual assault and domestic violence.
I am also proud to have created the first-ever White House Gender Policy
Council, through an Executive Order that I signed on International
Women's Day. In addition to its work to bring a whole-of-government
approach to gender equity in every policy we pursue, this Council will
help coordinate Federal agencies to develop a National Action Plan to
End Gender-Based Violence. I have also established an independent review
commission that will provide recommendations to help guide the
development of new policies and enforcement measures in keeping with my
Administration's unwavering commitment to improving the response to, and
prevention of, sexual assault and sexual harassment in the military.
To strengthen our national commitment to end gender-based violence, we
must also renew and further improve the Violence Against Women Act
(VAWA). Writing and championing the passage of VAWA as a Senator is one
of my proudest legislative accomplishments--it is a law that has
transformed the way our country responds to sexual assault and intimate
partner violence. With each reauthorization, I have worked with the
Congress to expand VAWA's provisions on a bipartisan basis to improve
protections, including for Native American women, the lesbian, gay,
bisexual, and transgender community, as well as immigrant survivors and
survivors from communities of color and other underserved groups. I
applaud the House of Representatives for recently passing the Violence
Against Women Reauthorization Act of 2021 with bipartisan support, and I
urge the Senate to follow their lead to renew and strengthen this
landmark law immediately. Through this legislation, we can continue to
support Federal programs with a proven track record of helping survivors
heal, strengthen the coordinated community response, improve the
response of the criminal justice system, and provide additional pathways
to safety by supporting innovative programs and prevention efforts.
We have made important strides thanks to courageous survivors and
dedicated advocates. This month, we honor the strength and resilience of
sexual assault survivors, and we recommit ourselves to standing with
them for safety, dignity, and justice. There is still much work to do,
and it will take all of us to do it. This year's Sexual Assault
Awareness and Prevention Month is an opportunity for every person,
employer, school, sports team, faith-based organization, and institution
to come together and commit to being part of the solution. We must
rededicate ourselves to creating a society where sexual violence--
including sexual assault and sexual harassment--is not tolerated, where
survivors are supported, and where all people have an opportunity to
thrive without fear of abuse or assault.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 2021 as
National
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Sexual Assault Awareness and Prevention Month. I urge all Americans to
support victims when they reach out and disclose abuse.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10171 of March 31, 2021
Second Chance Month, 2021
By the President of the United States of America
A Proclamation
America's criminal justice system must offer meaningful opportunities
for redemption and rehabilitation. After incarcerated individuals serve
their time, they should have the opportunity to fully reintegrate into
society. It benefits not just those individuals but all of society, and
it is the best strategy to reduce recidivism. During Second Chance
Month, we lift up all those who, having made mistakes, are committed to
rejoining society and making meaningful contributions.
My Administration is committed to a holistic approach to building safe
and healthy communities. This includes preventing crime and providing
opportunities for all Americans. It also requires rethinking the
existing criminal justice system--whom we send to prison and for how
long; how people are treated while incarcerated; how prepared they are
to reenter society once they have served their time; and the racial
inequities that lead to the disproportionate number of incarcerated
Black and Brown people.
We must commit to second chances from the earliest stages of our
criminal justice system. Supporting second chances means, for example,
diverting individuals who have used illegal drugs to drug court programs
and treatment instead of prison. It requires eliminating exceedingly
long sentences and mandatory minimums that keep people incarcerated
longer than they should be. It means providing quality job training and
educational opportunities during incarceration to prepare individuals
for the 21st century economy. And it means reinvesting the savings from
reduced incarceration into reentry programs and social services that
prevent recidivism and leave us all better off.
More than 600,000 individuals return to their communities from State and
Federal prisons every year. Transitioning back into society can be
overwhelming for those who are formerly incarcerated as well as their
families and communities. Too many individuals face unfair legal and
practical barriers to reentry. The reentry process is complicated in the
best of times, and is even more so with the additional difficulties
presented by the COVID-19 pandemic.
We must remove these barriers. Every person leaving incarceration should
have housing, the opportunity at a decent job, and health care. A
person's
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conviction history should not unfairly exclude them from employment,
occupational licenses, access to credit, public benefits, or the right
to vote. Certain criminal records should be expunged and sealed so
people can overcome their past.
By focusing on prevention, reentry, and social support, rather than
incarceration, we can ensure that America is a land of second chances
and opportunity for all people.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 2021 as
Second Chance Month. I call upon all government officials, educators,
volunteers, and all the people of the United States to observe this day
with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10172 of April 1, 2021
World Autism Awareness Day, 2021
By the President of the United States of America
A Proclamation
On World Autism Awareness Day, we celebrate the countless ways that
people with autism contribute to our families, our communities, our
Nation, and the world, and we shine a light on the systemic barriers
people with autism face in their daily lives.
More than 2 percent of American adults and 1 in every 54 of our children
have autism--a community of millions who deserve to live full lives of
dignity and respect. My Administration is committed to funding cutting-
edge research to help us to better understand autism and related health
conditions in order to improve quality of life for people with autism
and their families in every community.
Recent Government initiatives have focused on detecting autism in the
first year of life, funding new national research networks to improve
our knowledge of autism, and advancing services and support to help
Americans with autism live independently in their communities. A recent
apprenticeship initiative from the Department of Labor seeks to open up
career pathways for people with autism and other developmental
disabilities in thriving fields like information technology and health
care. Investments like these and others that we continue to pursue are
critical to expanding possibilities and improving life for all people
with autism.
Meanwhile, agencies across the Federal Government are working to protect
the rights of all people with disabilities--including people with
autism--while also advancing equity when it comes to accessing vital
services and
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supports. Our research agencies are working to reduce barriers in access
to early diagnoses, interventions, and services for people with autism--
including those from diverse racial, ethnic, and cultural backgrounds
and rural communities--and to incorporate the perspectives of
individuals with autism in scientific research. For too long,
disparities in access to health care, education, and services have
placed an undue burden on individuals with disabilities and their loved
ones, particularly those from underserved communities. My Administration
is committed to addressing these inequities in partnership with the
Interagency Autism Coordinating Committee and the National Autism
Coordinator of the Department of Health and Human Services.
We also recognize that the COVID-19 pandemic has caused unique
disruptions to, and placed new strains on, the lives of individuals with
autism and their families. All Americans should be grateful for the
creativity and dedication of educators, health care providers, and
others who have rapidly adapted to the limitations of the pandemic by
offering virtual learning, telehealth appointments, and other remote
services. My Administration is working tirelessly to get America
vaccinated, get our children safely back in school, and deliver direct
economic relief to families across the country in order to end this year
of disruption and alleviate as much of the burden as possible. In
addition, agencies including the Centers for Disease Control and
Prevention, the National Institutes of Health, and the Department of
Education are hard at work developing data-driven guidance to help
people with disabilities and their families mitigate the far-reaching
effects of the pandemic.
Today, we honor those with autism and recommit ourselves to providing
them and their families with the investment, support, and care they need
to live independently, fully participate in their communities, and live
fulfilling lives of dignity and opportunity.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 2, 2021, as
World Autism Awareness Day. I call upon all Americans to learn more
about autism to improve early diagnosis, to learn more about the
experiences of autistic people from autistic people, and to build more
welcoming and inclusive communities to support people with autism.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of April,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10173 of April 2, 2021
Days of Remembrance of Victims of the Holocaust, 2021
By the President of the United States of America
A Proclamation
On Yom HaShoah--Holocaust Remembrance Day--we stand in solidarity with
the Jewish people in America, Israel, and around the world to remember
and reflect on the horrors of the Holocaust. An estimated six million
Jews perished alongside millions of other innocent victims--Roma and
Sinti, Slavs, disabled persons, LGBTQ+ individuals, and others--
systematically murdered by the Nazis and their collaborators in one of
the cruelest and most heinous campaigns in human history.
We honor the memories of precious lives lost, contemplate the
incomprehensible wound to our humanity, mourn for the communities broken
and scattered, and embrace those who survived the Holocaust--some of
whom are still with us today, continuing to embody extraordinary
resilience after all these years. Having borne witness to the depths of
evil, these survivors remind us of the vital refrain: ``never again.''
The history of the Holocaust is forever seared into the history of
humankind, and it is the shared responsibility of all people to ensure
that the horrors of the Shoah can never be erased from our collective
memory.
It is painful to remember. It is human nature to want to leave the past
behind. But in order to prevent a tragedy like the Holocaust from
happening again, we must share the truth of this dark period with each
new generation. All of us must understand the depravity that is possible
when governments back policies fueled by hatred, when we dehumanize
groups of people, and when ordinary people decide that it is easier to
look away or go along than to speak out. Our children and grandchildren
must learn where those roads lead, so that the commitment of ``never
again'' lives strongly in their hearts.
I remember learning about the horrors of the Holocaust from my father
when I was growing up, and I have sought to impart that history to my
own children and grandchildren in turn. I have taken them on separate
visits to Dachau, so that they could see for themselves what happened
there, and to impress on them the urgency to speak out whenever they
witness anti-Semitism or any form of ethnic and religious hatred,
racism, homophobia, or xenophobia. The legacy of the Holocaust must
always remind us that silence in the face of such bigotry is
complicity--remembering, as Rabbi Abraham Joshua Heschel wrote, that
there are moments when ``indifference to evil is worse than evil
itself.''
Those who survived the Holocaust are an inspiration to every single one
of us. Yet they continue to live with the unique mental and physical
scars from the unconscionable trauma of the Holocaust, with many
survivors in the United States living in poverty. When I served as Vice
President, I helped secure Federal funding for grants to support
Holocaust survivors--but we must do more to pursue justice and dignity
for survivors and their heirs. We have a moral imperative to recognize
the pain survivors carry, support them, and ensure that their memories
and experiences of the Holocaust are neither denied nor distorted, and
that the lessons for all humanity are never forgotten.
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Holocaust survivors and their descendants--and each child, grandchild,
and great-grandchild of those who lost their lives--are living proof
that love and hope will always triumph over murder and destruction.
Every child and grandchild of a survivor is a testament to resilience,
and a living rebuke to those who sought to extinguish the future of the
Jewish people and others who were targeted.
Yom HaShoah reminds us not only of the Jewish victims of the Holocaust,
but also reinforces our ongoing duty to counter all forms of
dehumanizing bigotry directed against the LGBTQ+, disability, and other
marginalized communities. While hate may never be permanently defeated,
it must always be confronted and condemned. When we recognize the
fundamental human dignity of all people, we help to build a more just
and peaceful world. In the memory of all those who were lost, and in
honor of all those who survived, we must continue to work toward a
better, freer, and more just future for all humankind.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 4 through
April 11, 2021, as a week of observance of the Days of Remembrance of
Victims of the Holocaust, and call upon the people of the United States
to observe this week and pause to remember victims and survivors of the
Holocaust.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
April, two thousand twenty-one, and of the Independence of the United
States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10174 of April 2, 2021
Honoring United States Capitol Police Officers
By the President of the United States of America
A Proclamation
As a sign of respect for the service and sacrifice of the victims of the
attack at the United States Capitol on Friday, April 2, by the authority
vested in me as President of the United States by the Constitution and
the laws of the United States of America, I hereby order that the flag
of the United States shall be flown at half-staff at the White House and
upon all public buildings and grounds, at all military posts and naval
stations, and on all naval vessels of the Federal Government in the
District of Columbia and throughout the United States and its
Territories and possessions until sunset, April 6, 2021. I also direct
that the flag shall be flown at half-staff for the same length of time
at all United States embassies, legations, consular offices, and other
facilities abroad, including all military facilities and naval vessels
and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10175 of April 5, 2021
National Public Health Week, 2021
By the President of the United States of America
A Proclamation
National Public Health Week has increased significance this year, as our
Nation mourns the loss of more than half a million lives to COVID-19,
and as we have come to recognize just how essential our public health
efforts and public health workers truly are. Whether it is the
scientists and researchers who developed life-saving vaccines in record
time; or local leaders who have taken evidence-based action to keep
their communities safe; or the staff and volunteers who have worked to
slow the spread of the virus through testing, case investigation, and
contact tracing; or the doctors, nurses, and clinicians who continue to
provide around-the-clock care to those who have fallen ill, dedicated
public health professionals on the front lines of our response to COVID-
19 deserve our gratitude.
During National Public Health Week, we ask everyone to come together to
help restore the health of our Nation. Every American can do their
patriotic duty for their neighbors, their loved ones, and our country by
continuing to wear masks as recommended by the Centers for Disease
Control and Prevention, practicing physical distancing, getting the
COVID-19 vaccine when it is their turn, and by expressing gratitude to
public health professionals who are seeing us through this crisis and
who are building a more robust, comprehensive, and equitable public
health system for all.
While defeating the coronavirus is our top public health priority, our
Nation must also focus on improving our overall health and wellbeing.
Greater health is good for us all, and it will bolster our national
resilience in the face of new and existing threats. The United States
must prioritize and continually invest in our public health system to
aggressively address health disparities that have been exposed and
worsened by COVID-19. We must also address the environmental and climate
factors--air and water pollution, extreme weather, and climate-related
disaster events--that threaten public health in communities nationwide.
The American Jobs Plan will help to achieve these goals, including by
ensuring that children who live along highways and fence lines of
industrial facilities will breathe easier because of significant
investments in clean energy and infrastructure that promotes public
health. Our Nation must also take commonsense steps to address the gun
violence public health epidemic, including actions to counter the
historic spike in homicides occurring in cities across the country and
disproportionately affecting Black and brown Americans. Only by
addressing the root causes of health inequity can we build a fairer,
stronger, more dependable health system for all Americans.
My Administration is committed to investing in our public health system
to not only defeat the pandemic, but also to build a stronger public
health system that allows us to be ready for the next virus. The
American Rescue Plan provides critical funding to increase the number of
vaccination sites, which will help us get Americans vaccinated more
quickly so that we can get back to our lives and loved ones. The law
also invests in COVID-19 containment measures such as testing and
contact tracing, funds our efforts to strengthen domestic supply chains
for critical medical equipment, and
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makes health insurance more affordable and accessible for millions of
Americans. Finally, the law invests in crucial measures like air quality
monitoring, water and sewer infrastructure, and brownfield remediation
so that Americans in every community can live in a healthy environment.
The American Rescue Plan does more than put checks in Americans'
pockets--it provides assistance to help stabilize State, local, Tribal,
and territorial budgets and keep vital public health services running.
It provides the resources schools need to reopen safely, allowing
students to return to the classroom and alleviating the negative health
effects that come from isolation, changes in routines, and loss of
learning. The American Rescue Plan will also mobilize a generation of
future leaders to serve in an enhanced public health workforce,
increasing our long-term public health capacity. This law also provides
much-needed help to nearly 1,400 Community Health Centers that serve our
most vulnerable populations, who are at the highest risk of infection
and adverse outcomes from COVID-19.
As we continue working tirelessly to defeat the pandemic and build a
stronger public health system for the future, I ask every American to
mark National Public Health Week by remembering all those who give their
time, expertise, and care--and even put their lives on the line--in
service of a healthier, safer, and stronger America for all of us.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 5 through
April 11, 2021, as National Public Health Week. I call on all citizens,
government agencies, private businesses, non-profit organizations, and
other groups to join in activities and take action to improve the health
of our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of April,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10176 of April 9, 2021
National Former Prisoner of War Recognition Day, 2021
By the President of the United States of America
A Proclamation
Throughout our Nation's history, those who have served in our Armed
Forces have steadfastly stood in defense of the United States and of
freedom throughout the world. Although countless courageous service
members and civilians have given their lives for our Nation, more than
half a million others have sacrificed their own freedom as prisoners of
war so the cause of liberty always prevails.
Enduring with limitless dignity and determination, these former
prisoners of war are a powerful reminder that their indomitable spirit
could not be broken, even by brutal treatment in contravention of
international law and morality. Despite the terrible suffering inflicted
upon them by their captors
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in harsh prisons and camps in Europe and Asia, American prisoners of war
steadfastly demonstrated their devotion to duty, honor, and country.
On this day and every day, let us honor all who have borne the hardships
of captivity in service to our Nation, remember the brave men and women
who were held as prisoners in foreign lands during our Nation's past
conflicts, and recognize those at home who anxiously awaited their loved
ones' return. Their faith in God, love of family, and trust in our
Nation are an inspiration to all Americans, and we will always remember
their sacrifices.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 9, 2021, as
National Former Prisoner of War Recognition Day. I call upon all
Americans to observe this day by honoring the service and sacrifice of
all former prisoners of war as our Nation expresses its eternal
gratitude for their sacrifice. I also call upon Federal, State, and
local government officials and organizations to observe this day with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of April,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10177 of April 11, 2021
National Fair Housing Month, 2021
By the President of the United States of America
A Proclamation
Exactly 1 week after the assassination of Dr. Martin Luther King, Jr.,
struck at the soul of our Nation, President Lyndon B. Johnson signed a
landmark piece of legislation--an enduring testament to the ideals of
Dr. King that enshrined a portion of his legacy in the lives and laws of
the American people. Fifty-three years later, the Fair Housing Act still
serves as a powerful statement about who we are as a people: the values
of equality, equity, and dignity that we strive to uphold, and the
places where we still have work to do to fulfill our full promise as a
Nation.
The purpose of the Fair Housing Act was to put an end to inequities in
our housing system and eliminate racial segregation in American
neighborhoods--and guarantee that all people in America have the right
to obtain the housing of their choice, free from discrimination. The law
prohibits discrimination in the sale, rental, and financing of housing,
and requires Federal, State, and local governments to proactively
dismantle the discriminatory structures that held back people of color
and other underserved populations from equitable access to the
neighborhoods of their choice.
By helping to create a fairer housing system, the law seeks to do more
than just open up American neighborhoods to all Americans. Access to
quality housing is about more than having a roof over your head--it is
the foundation for achieving better educational, employment, and health
outcomes, as well as one of the most important ways that families build
wealth that they
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can pass along across the generations. The Fair Housing Act was created
at a time when Federal and State policies held that dream at arm's
length from far too many Black, Brown, Native, and Asian American
families through the insidious practices of redlining and lending
discrimination.
Over the course of 53 years, the law has made a world of difference in
the lives of countless families and communities. We have also improved
upon it through the years; as a Senator, I was proud to co-sponsor the
1988 Fair Housing Act amendments that extended the law's protections to
Americans with disabilities and families with children, and just 2
months ago my Administration issued a rule change to ensure that the law
finally guards against discrimination targeting LGBTQ+ Americans. But
the truth of the matter is that we have not fully achieved the goals of
the Fair Housing Act--we still have so much work to do.
Many of our neighborhoods remain as segregated today as they were in the
middle of the 20th century, and the racial wealth gap is wider now than
it was when the Fair Housing Act was passed. Though our Nation has come
a long way in many regards, our promise will not be fulfilled as long as
anyone in America is denied a good home or a fair shot because of who
they are. It is our shared duty to work together to ensure that every
person has equitable access to all of the opportunities our communities
provide--and that no one faces barriers to getting a good education,
having quality health care, eating healthy food, or finding stable
employment that allows their family to thrive solely because of where
they live. This is a moral responsibility that cannot wait, particularly
at a time when the COVID-19 pandemic has further highlighted and
exacerbated the lack of safe, affordable places to live for far too many
people in America.
To affirm equal opportunity as the bedrock of our democracy--and to
enlist the entire Federal Government to address entrenched disparities
in our laws, public policies, and institutions--I signed an Executive
Order on Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government on my first day in office. To ensure that
the Federal Government continues to prioritize the right to fair housing
and actively enforce our Federal civil rights laws, I also signed a
Presidential Memorandum on Redressing Our Nation's and the Federal
Government's History of Discriminatory Housing Practices and Policies
during my first week as President. My Administration will continue our
efforts to close persistent racial gaps in wages, housing, credit,
lending opportunities, and access to higher education--gaps that, if
closed, would add an estimated $5 trillion in gross domestic product in
the American economy over the next 5 years. We are committed to doing
all we can to end unlawful housing discrimination and advance equity for
all underserved populations, fulfill the full promise of the Fair
Housing Act, and put the American dream within reach of all Americans.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 2021 as
National Fair Housing Month. I call upon the people of this Nation to
help secure freedom and justice for every American by taking action to
fulfill the promise made by the Fair Housing Act to ensure everyone has
free and fair housing choice.
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IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10178 of April 13, 2021
Black Maternal Health Week, 2021
By the President of the United States of America
A Proclamation
In the United States of America, a person's race should never determine
their health outcomes, and pregnancy and childbirth should be safe for
all. However, for far too many Black women, safety and equity have been
tragically denied. America's maternal mortality rates are among the
highest in the developed world, and they are especially high among Black
mothers, who die from complications related to pregnancy at roughly two
to three times the rate of white, Hispanic, Asian American, and Pacific
Islander women--regardless of their income or education levels. This
week, I call on all Americans to recognize the importance of addressing
the crisis of Black maternal mortality and morbidity in this country.
Ensuring that all women have equitable access to health care before,
during, and after pregnancy is essential. The Biden-Harris
Administration is committed to addressing these unacceptable
disparities, and to building a health care system that delivers equity
and dignity to Black, Indigenous, and other women and girls of color.
Health care is a right, not a privilege, and our country needs a health
care system that works for all of us. That is something both Vice
President Harris and I have fought for throughout our careers. As a
Senator, Vice President Harris was a champion of Black maternal health,
introducing legislation to close gaps in access to quality maternal care
and educate providers about implicit bias. And during my time as Vice
President, I fought for the Affordable Care Act and to strengthen
Medicaid, both of which ensure access to critical services to support
maternal health. Within just a few years of the Affordable Care Act's
passage, Black uninsured rates dramatically declined--a key factor in
ensuring better maternal health outcomes--as did the persistent health
insurance coverage gap between Black and white Americans, which fell by
more than 40 percent in the wake of the law's implementation.
As we fight to bring an end to the COVID-19 crisis, we will continue to
make quality health care more accessible and affordable for all
Americans, as we did through the passage of the landmark American Rescue
Plan. We will also work to ensure that everyone--including hospitals,
insurance plans, and health care providers--do their part to provide
every American with quality, affordable, and equitable care.
Vice President Harris and I are committed to pursuing systemic policies
that provide comprehensive, holistic maternal health care that is free
from bias and discrimination. The morbidity and mortality disparities
that Black
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mothers face are not the results of isolated incidents. Our Nation must
root out systemic racism everywhere it exists, including by addressing
unequal social determinants of health that often contribute to racial
disparities such as adequate nutrition and housing, toxin-free
environments, high-paying job sectors that provide paid leave, and
workplaces free of harassment and discrimination.
Addressing systemic barriers across the board will improve outcomes for
Black mothers and their families, and make our entire country stronger,
healthier, and more prosperous. At the same time, the United States must
also grow and diversify the perinatal workforce, improve how we collect
data to better understand the causes of maternal death and complications
from birth, and invest in community-based organizations to help reduce
the glaring racial and ethnic disparities that persist in our health
care system.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 11 through
April 17, 2021, as Black Maternal Health Week. I call upon all Americans
to raise awareness of the state of Black maternal health in the United
States by understanding the consequences of systemic discrimination,
recognizing the scope of this problem and the need for urgent solutions,
amplifying the voices and experiences of Black women, families, and
communities, and committing to building a world in which Black women do
not have to fear for their safety, their wellbeing, their dignity, and
their lives before, during, and after pregnancy.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10179 of April 13, 2021
Pan American Day and Pan American Week, 2021
By the President of the United States of America
A Proclamation
One hundred and thirty-one years ago, our hemisphere formed the
International Union of American Republics--the oldest regional
international organization in the world, and the precursor to the
modern-day Organization of American States. On this Pan American Day and
Pan American Week, we reaffirm the strength of our regional community,
celebrate the democratic principles that unite us, and resolve to work
together to overcome the common challenges before us.
So many of the greatest challenges facing us today are not confined to
our respective national boundaries. The global COVID-19 crisis has laid
bare persistent inequalities in our societies and structural weaknesses
in our economies. Climate change poses an urgent national security
threat that is hurting communities throughout the region today and
jeopardizing future
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generations. We are witnessing a humanitarian crisis and mass
displacement in Venezuela that is among the worst in history. Violence
and endemic corruption, particularly in Central America, are causing
desperate people to uproot their lives and families in hopes of a better
future elsewhere.
No nation can address today's challenges alone or hide from them behind
walls. A secure, economically prosperous, and democratic hemisphere is
overwhelmingly in the economic and national security interest of the
United States and the entire Pan American region. Moreover, it is within
our capacity to reach that future if we rally together and unite around
principled and democratic leadership--anchored in the rule of law.
The people of our hemisphere want governments that are accountable to
voters and deliver real benefits: good-paying jobs that allow hard-
working people to provide for their families, education for their
children, security in their communities, and a future where equal
opportunity and fundamental human and political rights are guaranteed to
all people.
This year, as we mark the 20th anniversary of the Inter-American
Democratic Charter, each of our governments has an obligation to renew,
promote, and defend that groundbreaking commitment we made--that all
people who call the Americas home have a right to democracy. The
Democratic Charter remains at the core of our hemispheric union, working
through the Organization of American States, to advance a bold and
determined vision of a region whose governments honor and respect
democratic values, human rights, fundamental freedoms, and the inherent
dignity of each individual. During this Pan American Day and Pan
American Week, we celebrate our unity and cooperation--and resolve to
work together to overcome the challenges ahead of us and build a better
world.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 14, 2021, as
Pan American Day and April 11 through April 17, 2021, as Pan American
Week. I urge the Governors of the 50 States, the Governor of the
Commonwealth of Puerto Rico, and the officials of the other areas under
the flag of the United States of America to honor these observances with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10180 of April 13, 2021
160th Anniversary of the Unification of Italy and the Establishment of
United States-Italy Diplomatic Relations
By the President of the United States of America
A Proclamation
Today we commemorate over 160 years since the unification of Italy as a
single state and the establishment of United States-Italy diplomatic
relations. Our nations share a deep and enduring friendship, bolstered
by the bonds of family and culture that tie our peoples together. It is
a particularly meaningful relationship for the millions of proud
Americans who trace their ancestry to Italy, including my wife Jill. On
this anniversary, we celebrate the long-standing partnership we have
with Italy, including our commitment in the post-World War II era to
enhance our mutual prosperity and security and to advance our core
democratic values, including human rights.
This is also a moment to reaffirm the willingness of the United States
and Italy to meet the challenges of the future together. We are
steadfast NATO Allies and anchors of the trans-Atlantic partnership.
Italy is a leader in peacekeeping missions and security operations
around the world. As we strive together to overcome new challenges, from
defeating the COVID-19 pandemic and fueling an equitable global economic
recovery to meeting the existential threat of climate change, the United
States and Italy remain close friends and vital allies.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 13 as a day
to celebrate over 160 years since the unification of Italy and the
establishment of United States-Italy diplomatic relations. I encourage
all Americans to honor the enduring friendship between the people of
Italy and the people of the United States.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10181 of April 16, 2021
Honoring the Victims of the Tragedy in Indianapolis, Indiana
By the President of the United States of America
A Proclamation
As a mark of respect for the victims of the senseless acts of violence
perpetrated on April 15, 2021, in Indianapolis, Indiana, by the
authority vested in me as President of the United States by the
Constitution and the laws
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of the United States of America, I hereby order that the flag of the
United States shall be flown at half-staff at the White House and upon
all public buildings and grounds, at all military posts and naval
stations, and on all naval vessels of the Federal Government in the
District of Columbia and throughout the United States and its
Territories and possessions until sunset, April 20, 2021. I also direct
that the flag shall be flown at half-staff for the same length of time
at all United States embassies, legations, consular offices, and other
facilities abroad, including all military facilities and naval vessels
and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10182 of April 16, 2021
National Crime Victims' Rights Week, 2021
By the President of the United States of America
A Proclamation
Millions of people in the United States are victims of crime every year.
Some endure horrific acts of violence, some have personal possessions
damaged or stolen, and others are defrauded or exploited financially.
Whatever the crime, many victims lose something that can never be fully
recovered: a sense of trust and safety. Yet we find inspiration and hope
in their stories of triumph over adversity and resilience in the wake of
tragedy. During this 40th National Crime Victims' Rights Week, we
support crime victims throughout the United States and the many
dedicated people who serve them.
The Biden-Harris Administration recognizes that true justice requires
that victims get the support and assistance they need. Today, victims
have access to quality services in their communities through the more
than 7,000 local programs funded by the Federal Crime Victims Fund, as
well as from other sources of Federal funding, including supplemental
funding for victim services in the American Rescue Plan. In spite of
this network of support, persistent barriers still prevent many victims
from obtaining the support and services they need and the justice they
deserve. Fewer than half of violent victimizations are reported to
police, and research shows that even fewer reports of rapes or sexual
assaults are brought to the attention of law enforcement. There are a
variety of reasons why many victims of crime are less likely to report a
crime, including fear of negative interactions with law enforcement or
the criminal justice system, which disproportionately impacts victims
from communities of color. Together, we must commit to the
accountability and reform necessary to build trust, increase access to
services, and improve public safety.
We must also listen to the voices of those who have experienced gun
violence. Gun violence not only impacts its victims, but also their
families, friends, colleagues, first responders, and local communities.
These brave voices--along with the majority of gun-owners who support
commonsense
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measures to keep our communities safe--are speaking up and speaking out
for public policy that will put a stop to the violence. My
Administration is committed to doing everything we can to end the
epidemic of gun violence.
Supporting crime victims is part of a larger effort to advance equity
and fairness in our society. The Office for Victims of Crime at the
Department of Justice is investing in efforts to improve access to
services and safety for victims and communities that have been
historically marginalized and underserved, as well as support community
initiatives to prevent violence. My Administration is taking action to
address the surge in anti-Asian violence and harassment, including
efforts to prevent hate crimes and build trust with law enforcement. My
Administration is also working closely with Tribal governments to help
victims in American Indian and Alaska Native communities, and supporting
community-driven efforts to reach victims of hate crimes.
Every crime victim deserves justice and the assurance that their safety,
wellbeing, and welfare will be protected. We must work together to
prevent crimes and ensure that all victims have a place to turn, and the
support they need to recover.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 18 through
April 24, 2021, as National Crime Victims' Rights Week. I call upon all
Americans to observe this week by participating in events that raise
awareness of victims' rights and services and by volunteering to serve
victims in need.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10183 of April 16, 2021
National Volunteer Week, 2021
By the President of the United States of America
A Proclamation
We are living in a moment that calls for hope and light and love. Hope
for our futures, light to see our way forward, and love for one another.
Volunteers provide all three. Service--the act of looking out for one
another--is part of who we are as a Nation. Our commitment to service
reflects our understanding that we can best meet our challenges when we
join together. This week, we recognize the enduring contributions of our
Nation's volunteers and encourage more Americans to join their ranks.
The tremendous power of volunteers and volunteerism has been on dramatic
display in our response to the COVID-19 pandemic. All across the
country, retired doctors and nurses, students and veterans, personnel
from across the Federal Government, and countless others have given
their time and talent to administer vaccines, staff vaccination centers,
boost testing,
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tracing, and other life-saving public health measures, and provide food,
water, and other necessities to those at heightened risk so they can
remain safely at home.
Volunteers of all ages and walks of life have stepped forward in other
ways to meet this moment. When a severe winter storm left millions
without power in Texas and wildfires ravaged our Western States,
neighbors from near and far provided food, shelter, and support.
Throughout this unprecedented year, people across America have given
help and hope by checking on isolated seniors, helping the jobless, and
tutoring students to help them stay on track in school. Their compassion
reminds us that even in our darkest hours, Americans look out for one
another.
To meet the unprecedented challenges of today and build back better for
tomorrow, we must unite around a renewed commitment to service and to
civic duty. As we work to defeat the pandemic, strengthen our economy,
address racial inequity, and tackle the climate crisis, we need more
Americans to get involved. Government cannot do the job alone, but
government--working together with nonprofits and community
organizations, the private sector, and the American people--can make our
country stronger, more prosperous, and ready for the future.
When more Americans step forward to serve, it renews our sense of
community and strengthens our democracy. Acts of service unite people
from different backgrounds and allow us to truly see and hear one
another.
By helping others, volunteers also help themselves. They learn new
skills, expand their professional networks, connect with neighbors, and
experience the satisfaction that comes from serving a larger cause.
Service can provide a pathway to employment, education, and other
career-building opportunities. As we reopen our economy and build back
better, volunteerism can help the unemployed find work and make our
communities more resilient and prepared.
The Biden-Harris Administration is committed to expanding service
opportunities for Americans, including opportunities that enable us to
confront the toughest challenges faced by our Nation. The American
Rescue Plan includes a historic investment in AmeriCorps to make
national service more accessible. We seek to enable more service members
and volunteers to support vaccination efforts, tackle the growing hunger
crisis, address learning loss, and meet other critical community needs.
During National Volunteer Week, we celebrate the millions of Americans
who volunteer and encourage more to follow their path. Every American
has something to give. No matter your age, background, or where you come
from, you can have an impact through service. Vice President Harris and
I salute every American who takes time to help their neighbors, and we
applaud the extraordinary faith-based, nonprofit, national service,
military service, and community organizations that make this service
possible.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 18 through
April 24, 2021, as National Volunteer Week. I call upon all Americans to
observe this week by volunteering in service projects across the country
and pledging to make service a part of their daily lives.
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IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10184 of April 17, 2021
National Park Week, 2021
By the President of the United States of America
A Proclamation
The renowned environmentalist and author, Rachel Carson, wrote in her
seminal book Silent Spring that, ``Those who contemplate the beauty of
the earth find reserves of strength that will endure as long as life
lasts. There is something healing in the repeated refrains of nature--
the assurance that dawn comes after night, and spring after winter.''
Nowhere is the truth of her observation more evident than in America's
national parks, which are irreplaceable treasures that amaze us, inspire
us, fill us with pride, and belong to all of us in equal measure.
Even while maintaining social distancing and wearing masks to protect
themselves and one another, 237 million people visited our national
parks last year to enjoy these singular wonders of our Nation. Every
visit leaves an indelible impression--due not only to the natural
splendor of each park, but to the dedicated stewardship of the
Department of the Interior and National Park Service.
I will never forget one of my own such visits, which has long shaped my
personal reverence for our national parks. In 1972, after my wife and
daughter were killed in a car accident, my two young sons, Beau and
Hunter, were hospitalized for an extended period. As they recovered,
they became enamored of the idea of visiting Yellowstone--thanks in
large part to a favorite TV show, Yogi Bear, which was set in a
fictionalized version of America's first national park. In the summer of
1974, my boys and I flew into Salt Lake City, rented a camper, drove up
through Dinosaur National Park and arrived for a week at Yellowstone.
Our time there nourished us, filled us with awe, and restored in all of
us a sense of the future that had been quieted by our loss. As I saw my
sons reengage with the world after enduring so much pain, and felt our
family begin to heal, I came to understand the truth of Rachel Carson's
words--the power and promise of these extraordinary places to replenish
something within us.
That power touches every American lucky enough to visit our national
parks in some way, and it is our responsibility to ensure that our
national parks reflect, honor, and serve all of our people and every
community. Recent additions to the National Park System, such as the
Medgar and Myrlie Evers Home National Monument, the Reconstruction Era
National Historical Park, the Stonewall National Monument, and the
C[eacute]sar Ch[aacute]vez National Monument at the Ch[aacute]vez
Residence in Delano, California--along with programs such as the African
American Civil Rights Network, Underground Railroad Network to Freedom,
and Tribal Heritage grants--reflect our commitment for our parks to
serve as sources of support, validation,
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healing, and connection for people of color, Indigenous people, and
others who have been historically marginalized and neglected. Our work
to bring true equity to our parks is not yet done. The National Park
System must continue to evolve to better reflect all of the people of
our Nation, and to work in partnership with Tribal Nations whose
historic and sacred lands often fall within the boundaries of National
Parks and Monuments that have been dedicated through the years.
During National Park Week, let us dedicate ourselves to greater
improvement, enjoyment, and preservation of our natural treasures, and
to continue to find inspiration, strength, and all else we seek within
them.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 17 through
April 25, 2021, as National Park Week. I encourage all Americans to find
their park, recreate responsibly, and enjoy the benefits that come from
spending time in the natural world. I also ask all park visitors to do
their part to stop the spread of the coronavirus by wearing masks and
practicing social distancing.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10185 of April 20, 2021
Death of Walter Mondale
By the President of the United States of America
A Proclamation
Today, our Nation mourns the loss of one of our Nation's most dedicated
patriots and public servants. Walter Frederick ``Fritz'' Mondale served
the people of Minnesota as their Attorney General from 1960-1964, as a
United States Senator from 1964-1976, as Vice President of the United
States from 1977-1981, and as the United States Ambassador to Japan from
1993-1996.
As Minnesota's Attorney General, he drew national attention in a
landmark case before the U.S. Supreme Court that established that
indigent criminal defendants have the right to legal counsel.
As a Senator, he was instrumental in the passage of The Fair Housing Act
to combat racial discrimination in housing, Title IX to provide more
opportunities for women, and numerous laws to protect our environment.
Walter Mondale defined the modern vice presidency, elevating the
position into a true partnership with the President. As Vice President,
he helped lay the groundwork for the 1978 peace treaty between Egypt and
Israel, the Panama Canal Treaty, and nuclear arms negotiations with the
Soviet Union.
As the 1984 Democratic nominee for President, he made history when he
became the first Presidential nominee of either party to select a woman
as his running mate.
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In continuing his service as the United States Ambassador to Japan, he
became the voice and face of America to that important ally.
For nearly 60 years he had a remarkable partnership with his wife Joan,
a devoted advocate for the arts, who passed away in 2014. We mourned
when he lost his daughter Eleanor in 2011 and today our Nation's
sympathies lie with his sons Ted and William and his six grandchildren.
On a wall at the Carter Center in Atlanta, Georgia, there is a quote
from Walter Mondale. It reads, ``We told the truth. We obeyed the law.
We kept the peace.'' Walter Mondale did all that and more.
As a mark of respect for Walter Mondale and his life of service to our
Nation, I hereby order, by the authority vested in me by the
Constitution and laws of the United States of America, including section
7 of title 4, United States Code, that the flag of the United States
shall be flown at half-staff at the White House and on all public
buildings and grounds, at all military posts and naval stations, and on
all naval vessels of the Federal Government in the District of Columbia
and throughout the United States and its Territories and possessions
until sunset, on the day of interment. I also direct that the flag shall
be flown at half-staff for the same period at all United States
embassies, legations, consular offices, and other facilities abroad,
including all military facilities and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10186 of April 22, 2021
Earth Day, 2021
By the President of the United States of America
A Proclamation
On April 22, 1970, millions of Americans rallied together to protect the
right of all of us to live free from environmental hazard and harm. On
that first Earth Day, they gathered all across America--on college
campuses, in public parks, and State capitals--galvanized by a vision of
a healthier, more prosperous Nation where all people could thrive. Their
untiring spirit sparked a national movement for environmental protection
that endures today in the bedrock laws that protect the air we breathe,
the water we drink, and treasured wild places and wildlife.
Earth Day was primarily conceived and brought to life by a dedicated
public servant: the late Senator Gaylord Nelson of Wisconsin. Senator
Nelson and his wife, Carrie Lee--who herself passed away just last
month--were both dear friends who changed my life; it was Senator Nelson
who helped persuade me to remain in the Senate after losing my first
wife and daughter in a car accident in 1972. Senator Nelson changed the
world, too, by building a legacy of environmental protection through
Earth Day and all of the progress that has come in its wake--not because
it was popular, but because it was the right thing to do for our
children and grandchildren.
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Over half a century later, that legacy lives on in the chorus of
courageous young people across the world who are rising up to demand
action on climate change. They recognize the enormous economic
opportunity to build a brighter, more prosperous future, and the dire
economic, societal, and national security consequences of failing to
act. Our youth remind us that a better world is within our grasp. Today,
I say to young people fighting for a brighter future: We hear you. We
see you. We will not let you down.
In recent years, climate change has upended the lives of millions of
Americans. Record cold weather knocked out the electric grid in Texas
this winter, killing at least 111 people and disrupting the lives and
livelihoods of millions more. Wildfires tore through more than 5 million
acres across the American West--an area roughly the size of the entire
State of New Jersey burned to the ground. Last year, back-to-back
hurricanes and powerful tropical storms battered the Gulf and East
Coasts in the worst Atlantic hurricane season in recorded history.
Record floods, hurricane-speed windstorms, and severe droughts
devastated families and communities across the Midwest. People have lost
homes and irreplaceable memories of their loved ones, small businesses
built from years of tireless labor and sacrifice, farmland meant to be
passed on to the next generation, and so much more.
At the same time, Black, Latino, Indigenous, and other communities of
color continue to be hit hardest by the impacts of climate change. They
bear the highest burden of pollution, face higher rates of heart and
lung disease, are least likely to have safe drinking water in their
homes, and suffer increased risk of death from COVID-19. These
communities have also frequently been shut out of government decisions
that directly bear on their interests. We have an obligation to correct
these historic wrongs and to build a future where all people have clean
air to breathe, clean water to drink, healthy communities in which they
can live, work, and learn, and a meaningful voice in their future.
That is why my Administration is advancing the most ambitious climate
agenda in our Nation's history. Our clean energy plan will create
millions of good-paying union jobs, ensure our economic competitiveness,
and improve the health and security of communities across America. By
making those investments and putting millions of Americans to work, the
United States will be able to cut our greenhouse gas emissions in half
by 2030.
Our success in confronting the climate crisis will not be ours alone. It
will be shaped, bolstered, and ultimately won by a united pledge from
global leaders to set the world on a path to a clean energy future.
Today, on the fifth anniversary of the United States ratifying the Paris
Agreement, we have brought nations from across the world together to
meet the moment and raise our climate ambitions.
More than 50 years ago, a generation rallied to confront the
environmental crises they faced. They took action in hopes that those in
power would listen. Today, a new generation is sounding the alarm louder
than ever, demanding that world leaders act. It is in all our interests
to rise to that challenge and let our legacy be one of action.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 22, 2021, as
Earth Day. I encourage all Americans to engage in programs and
activities that will promote an understanding of environmental
protection, the urgency of
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climate change, and the need to create a healthier, safer, more
equitable future for all people.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10187 of April 23, 2021
World Intellectual Property Day, 2021
By the President of the United States of America
A Proclamation
This year, on World Intellectual Property Day, we celebrate the
innovators and creators who enrich our lives and create the products,
services, companies, and industries of tomorrow. We especially recognize
the power of intellectual property protection in allowing our small
businesses to compete, thrive, and play their important role as the
heart and soul of our communities and the engines of our economic
progress.
Small businesses are critical to our success as a Nation. They make up
90 percent of businesses in the United States, employ nearly half of
America's private sector workers, and create two-thirds of new jobs, and
bring opportunity to every corner of our Nation. Inventions born in the
garages of small towns can have just as much impact as those developed
in high-tech labs. This year's World Intellectual Property Day
highlights the critical role these small businesses play in our society
and the ways intellectual property can help support their continued
growth and resilience.
Every small business starts with one person's or one family's dream.
When that dream is coupled with grit and determination, ideas turn into
products, brands, and creative works. Pair those ideas with the strength
of our intellectual property system and you have the foundation
necessary for new business opportunities, increased employment, and
greater economic prosperity.
The various types of intellectual property--trademarks, copyrights,
patents, and trade secrets--help to ensure that small businesses will be
compensated for, and be able to prosper from their creations and their
customer service. Without these protections, a small business's success
could easily prove to be its undoing, as unscrupulous competitors could
seek to copy, steal, and unduly profit from the small business's ideas
and its hard-earned customer goodwill.
We must also recognize the important role science and technology play in
safeguarding our intellectual property. Investing in and strengthening
our digital infrastructure promotes innovation that helps small
businesses and protects the rights of our citizens.
This year marks the 75th anniversary of the signing of the Lanham Act,
which is this Nation's fundamental trademark law. Trademark protection
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enables small businesses to benefit from the investments that they make
to establish brand awareness and brand loyalty. In addition, trademarks
help to protect consumers from counterfeits and other deceitful
practices that defraud them and endanger their health and safety.
When the pandemic hit, singers, songwriters, and artists from all across
America used their talents to lift us up, and to inspire us to support
one another in these difficult times. Copyright protection rewards them
for their creativity and allows them to continue to create.
We are proud to be a Nation of inventors and my Administration is
committed to bolstering American industrial and innovative strength so
we can continue to lead in making the cutting-edge products and services
of tomorrow. My Administration is also committed to giving everyone, no
matter where they are from, a chance to succeed and to contribute to
creating the strongest, most resilient, innovative economy in the world.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 26, 2021, as
World Intellectual Property Day. I call upon all Americans to observe
this day by supporting their neighborhood small businesses and
celebrating the creativity, hard work, and passion that lies behind each
one of them.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10188 of April 27, 2021
Workers Memorial Day, 2021
By the President of the United States of America
A Proclamation
America's workers are the backbone of our economy. In every State,
territory, and Tribal land, they leave their homes and families and head
to work--applying their grit and skill to create, serve, and service all
those things that make our world turn. Even during our Nation's most
difficult periods, American workers have always persevered, ensuring
that our communities remain resilient and that our Nation stands ready
to confront the unforeseen challenges of each new generation. Though
workers make tremendous sacrifices--especially essential workers who
selflessly serve their communities during times of crisis--none of them
should have to risk injury, illness, or death in order to provide for
themselves and their families. Tragically, thousands of workers are
killed and millions more are hurt or fall ill every year in the
workplace--incidents that are often preventable. On the 50th anniversary
of the Occupational Safety and Health Act of 1970, we reflect on the
workers who have tragically lost their lives or have been harmed in the
workplace, and we reaffirm our commitment to ensuring that every
American worker has a safe and healthy work environment.
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Over the past century, labor unions have fought hard--very often
successfully--to draw attention to unsafe workplace environments and
organize for safer work conditions and protections from the Federal
Government. In 1935, the National Labor Relations Act codified private-
sector workers' right to organize, collectively bargain, and strike.
Decades later, the passage of the Federal Coal Mine Health and Safety
Act in 1969 and the Occupational Safety and Health Act in 1970 enshrined
a promise that the wanton indifference to workers' lives--the days of
the Triangle Shirtwaist Factory fire and the Farmington Mine explosion--
would no longer be tolerated. Establishing and enforcing Federal
workplace safety and health standards has undoubtedly saved lives.
Despite the progress we have made cementing workplace protections into
law, many workers still fear retaliation and retribution from management
when they are asked to perform unsafe tasks or work in unsanitary
conditions. This fear forces many workers to remain silent, putting
their lives and the lives of their colleagues at risk. Alone, a single
worker is often at the mercy of their boss, with little chance of
rectifying an unsafe working environment created by employers who cut
corners in the name of profit. United, and protected by law from
intimidation and coercion from their employers, workers can collectively
demand improved working conditions.
In an economic system that puts too much power in the hands of wealthy
corporations and Wall Street, unions give workers a way to band
together, wield their full power, and stand on equal footing with
management. Unions not only protect the physical wellbeing of workers,
but they also protect their financial security; they protect workers'
equity, too, helping ensure that workplaces are free from harassment and
discrimination. Over the past half century, we have seen the percentage
of American workers represented by unions decline dramatically. It is no
surprise that during this same period, the average incomes of the bottom
90 percent of households in America have only risen by about 1 percent.
The decades-long assault we've seen on union organizing is a direct
assault on the health and incomes of American workers.
My Administration is committed to protecting the lives, rights, and
livelihoods of workers and reducing workplace accidents, injuries, and
fatalities. That is why I strongly encourage the Congress to pass the
Protecting the Right to Organize (PRO) Act of 2021--and why I included
the PRO Act as part of my American Jobs Plan. The decision to form a
union should belong to workers alone--free from coercion, interference,
or intimidation--and this important legislation would empower workers to
exercise their right to organize, hold management accountable for
violating the rights of their workers, and promote union elections that
are free from interference from employers.
It is clear that we have not completely fulfilled our obligation to
protect our Nation's workers. We must always remain vigilant against the
notion that worker endangerment is simply a necessary cost of doing
business. And we must always protect the right of workers to unite and
bargain for their own mutual aid or protection.
Today, we mourn each treasured life taken away on the job. Those
stricken by disease and fatal injuries as they keep America running
deserve a dedicated day of grateful prayer and remembrance from the
living. Workers Memorial Day impels us to work for a future where no one
should have to
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risk their life for a paycheck. When our Nation fully recovers from the
challenges we face today, it will be in large part because of the
sacrifice and perseverance of our workers. We commit to holding close
their memory and investing in the health and safety of the colleagues
they have left behind.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim April 28, 2021, as
Workers Memorial Day. I call upon all Americans to observe this day with
appropriate service, community, and education programs and ceremonies in
memory of those killed or injured due to unsafe working conditions.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10189 of April 30, 2021
Asian American and Native Hawaiian/Pacific Islander Heritage Month, 2021
By the President of the United States of America
A Proclamation
This May, during Asian American and Native Hawaiian/Pacific Islander
Heritage Month, we recognize the history and achievements of Asian
Americans, Native Hawaiians, and Pacific Islanders (AANHPIs) across our
Nation. In the midst of a difficult year of pain and fear, we reflect on
the tradition of leadership, resilience, and courage shown by AANHPI
communities, and recommit to the struggle for AANHPI equity.
Asian Americans, and Native Hawaiians, and Pacific Islanders make our
Nation more vibrant through diversity of cultures, languages, and
religions. There is no single story of the AANHPI experience, but rather
a diversity of contributions that enrich America's culture and society
and strengthen the United States' role as a global leader. The American
story as we know it would be impossible without the strength,
contributions, and legacies of AANHPIs who have helped build and unite
this country in each successive generation. From laying railroad tracks,
tilling fields, and starting businesses, to caring for our loved ones
and honorably serving our Nation in uniform, AANHPI communities are
deeply rooted in the history of the United States.
We also celebrate and honor the invaluable contributions the AANHPI
communities have made to our Nation's culture and the arts, law, science
and technology, sports and public service--including the courageous
AANHPIs who have served on the front lines of the COVID-19 pandemic as
health care providers, first responders, teachers, and other essential
workers.
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During this year's Asian American and Native Hawaiian/Pacific Islander
Heritage Month, our Nation celebrates the achievements of Vice President
Harris, the first person of South Asian descent to hold the Office of
the Vice President. Vice President Harris has blazed a trail and set an
example for young people across the country to aspire to follow,
including members of AANHPI communities and AANHPI women in particular.
In spite of the strength shown and successes achieved, the American
dream remains out of reach for far too many AANHPI families. AANHPI
communities face systemic barriers to economic justice, health equity,
educational attainment, and personal safety. These challenges are
compounded by stark gaps in Federal data, which too often fails to
reflect the diversity of AANHPI communities and the particular barriers
that Native Hawaiian, Pacific Islander, Southeast Asian, and South Asian
communities in the United States continue to face.
My Administration also recognizes the heightened fear felt by many Asian
American communities in the wake of increasing rates of anti-Asian
harassment and violence during the COVID-19 pandemic, and the
increasingly observable layers of hate now directed toward women and
elders of Asian descent in particular. Our Nation continues to grieve
the senseless killings of six women of Asian descent in Atlanta, and the
unconscionable acts of violence victimizing our beloved Asian American
seniors in cities across the country.
Acts of anti-Asian bias are wrong, they are un-American, and they must
stop. My Administration will continue to stand shoulder to shoulder with
AANHPI communities in condemning, denouncing, and preventing these acts
of violence. We will continue to look for opportunities to heal together
and fight against the racism and xenophobia that still exists in this
country.
Present-day inequities faced by AANHPI communities are rooted in our
Nation's history of exclusion, discrimination, racism, and xenophobia
against Asian Americans. Asian Americans, Native Hawaiians, and Pacific
Islanders have endured a long history of injustice--including the Page
Act of 1875, the Chinese Exclusion Act of 1882, the incarceration of
Japanese American citizens during World War II, the murder of Vincent
Chin, the mass shooting of Southeast Asian refugee children in 1989, and
the targeting of South Asian Americans, especially those who are Muslim,
Hindu, or Sikh, after the national tragedy of 9/11. It is long past time
for Federal leadership to advance inclusion, belonging, and acceptance
for all AANHPI communities. My Administration is committed to a whole-
of-government effort to advance equity, root out racial injustices in
our Federal institutions, and finally deliver the promise of America for
all Americans.
Vice President Harris and I affirm that Asian Americans, Native
Hawaiians, and Pacific Islanders make our Nation stronger. I urge my
fellow Americans to join us this month in celebrating AANHPI history,
people, and cultures.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 2021 as Asian
American and Native Hawaiian/Pacific Islander Heritage Month. I call
upon the people of the United States to learn more about the history of
Asian Americans, Native Hawaiians, and Pacific Islanders, and to observe
this month with appropriate programs and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10190 of April 30, 2021
Jewish American Heritage Month, 2021
By the President of the United States of America
A Proclamation
The Jewish American experience is a story of faith, fortitude, and
progress. It is a quintessential American experience--one that is
connected to key tenets of American identity, including our Nation's
commitment to freedom of religion and conscience. This month, we honor
Jewish Americans--past and present--who have inextricably woven their
experience and their accomplishments into the fabric of our national
identity.
Generations of Jewish people have come to this Nation fleeing
oppression, discrimination, and persecution in search of a better life
for themselves and their children. These Jewish Americans have created
lives for themselves and their families and played indispensable roles
in our Nation's civic and community life, making invaluable
contributions to our Nation through their leadership and achievements.
And this year, we also recognize two historic firsts, as America saw the
Vice President take the oath of office alongside her Jewish spouse, and
a Jewish American became the first Majority Leader of the United States
Senate and the highest-ranking Jewish American elected official in our
Nation's history.
Alongside this narrative of achievement and opportunity, there is also a
history--far older than the Nation itself--of racism, bigotry, and other
forms of injustice. This includes the scourge of anti-Semitism. In
recent years, Jewish Americans have increasingly been the target of
white nationalism and the antisemitic violence it fuels.
As our Nation strives to heal these wounds and overcome these
challenges, let us acknowledge and celebrate the crucial contributions
that Jewish Americans have made to our collective struggle for a more
just and fair society; leading movements for social justice, working to
ensure that the opportunities they have secured are extended to others,
and heeding the words of the Torah, ``Justice, justice shall you
pursue.''
A central concept in Judaism, ``l'dor v'dor'', or ``from generation to
generation,'' recognizes both the continuity of the Jewish people and
the intergenerational responsibility we have to heal the world for our
children. During Jewish American Heritage Month, we honor Jewish
Americans, who, inspired by Jewish values and American ideals, have
engaged in the ongoing work of forming a more perfect union.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and
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the laws of the United States, do hereby proclaim May 2021 as Jewish
American Heritage Month. I call upon all Americans to visit
www.JewishHeritageMonth.gov to learn more about the heritage and
contributions of Jewish Americans and to observe this month with
appropriate programs, activities, and ceremonies.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year two thousand twenty-one, and of the Independence of
the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10191 of April 30, 2021
National Building Safety Month, 2021
By the President of the United States of America
A Proclamation
Throughout this past year, we have come to appreciate the contributions
and complexity of our building and built environment. During the COVID-
19 pandemic, many people saw their homes become more than a place of
dwelling, evolving into a comprehensive space for education, work,
childcare, and entertainment. During National Building Safety Month, we
recognize the importance of strengthening our buildings and
infrastructure to serve the needs and ensure the safety of every
American. We also honor the building safety professionals dedicated to
creating safe, sustainable, and resilient communities.
We also recognize that now is the time to repair and modernize our
buildings and infrastructure, not only to meet the needs of today, but
to address the challenges of tomorrow, especially the existential threat
of climate change. The unrelenting impact of climate change affects
every one of us, but too often the brunt falls disproportionately on
vulnerable communities--especially low-income communities and people of
color--who are facing new and worsening natural hazards like hurricanes,
floods, extreme heat, and wildfires due to climate change. These
communities are less likely to have the means to prepare for and recover
from these hazards, which have increased in frequency, duration, and
intensity. The buildings where we live and work provide an important
line of defense against these growing hazards. Investing in our
infrastructure and adopting and implementing modern building codes are
the most effective mitigation measures communities can undertake.
This is why I have issued several Executive Orders related to buildings
and resiliency as part of a Government-wide approach to the climate
emergency. My Administration has also put the climate crisis at the
center of U.S. foreign and national security policy, and established the
White House Office of Domestic Climate Policy and the National Climate
Task Force. We are committed to creating climate-friendly and
environmentally conscious communities that not only protect the people
who live and work in them, but also will boost our economy in the long-
term.
In order for us to safeguard the health, safety, and economic future of
our Nation's people, we must also invest in our infrastructure more
broadly.
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From upgrading homes in disadvantaged communities, to modernizing our
Nation's schools, to replacing lead water pipes, to securing affordable,
high-speed broadband, the American Jobs Plan is an investment for all
Americans. It will create millions of good jobs, rebuild our crumbling
infrastructure, and promote access to opportunity for all.
To support these efforts, my Administration is also calling for broad
input and collaboration from all levels of government and our partners
in the non-profit and private sectors. We must all share the
responsibility for ensuring that our communities are safe and resilient
against the growing threat of climate change. In America and around the
globe, initiatives such as the Global Resiliency Dialogue aim to
increase building and climate-based science into the solution. This
important work is underway, but we recognize that there is much more to
do.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 2021 as
National Building Safety Month. I encourage citizens, government
agencies, businesses, nonprofits, and other interested groups to join in
activities that raise awareness about building safety. I also call on
all Americans to learn more about how they can contribute to building
safety at home and in their communities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10192 of April 30, 2021
National Foster Care Month, 2021
By the President of the United States of America
A Proclamation
Every child deserves to grow up in a supportive, loving home where they
can thrive and prosper. During those unfortunate times when children
cannot remain safely in their own homes, the individuals and families
who open their hearts and homes to foster children provide a vital
service to their communities. During this National Foster Care Month, we
share our gratitude for those who support youth and families by being a
resource to children in need and supporting birth parents so that they
may safely reunite with their families whenever possible. We also
recognize that it takes collaboration and community effort--from local
organizations to Federal agencies--to support children, birth parents,
and resource and kin families during challenging times.
Young people in foster care have been particularly impacted by the
COVID-19 pandemic. They are navigating circumstances that are already
tough, and those challenges are compounded by a public health crisis
that made housing, employment and educational opportunities even harder
to access.
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To support the immediate needs of youth in foster care, my
Administration is implementing Federal programs authorized by the
Supporting Foster Youth and Families through the Pandemic Act. This law
provides additional flexibility and support for youth aging out of
foster care, and allows them to access critical services to help them
stay in school or participate in a job training program, pay the bills,
and better make the difficult transition to adulthood. We have an
expression in the Biden family, ``If you have to ask for help, it's too
late.'' As a Nation, we can proactively help children by advancing a
holistic approach to child and family well-being across the country--
before it's too late.
As we work to address immediate needs, we must be clear about long-
standing challenges in child welfare and commit to advancing child and
family well-being in every way we can. Our children, birth parents, and
resource and kin families deserve nothing less. So this National Foster
Care Month, we also recognize the histories of injustice in our Nation's
foster care system. Throughout our history and persisting today, too
many communities of color, especially Black and Native American
communities, have been treated unequally and often unfairly by the child
welfare system. Black and Native American children are far more likely
than white children to be removed from their homes, even when the
circumstances surrounding the removal are similar. Once removed, Black
and Native American children stay in care longer and are less likely to
either reunite with their birth parents or be adopted. Too many children
are removed from loving homes because poverty is often conflated with
neglect, and the enduring effects of systemic racism and economic
barriers mean that families of color are disproportionately affected by
this as well. Children with disabilities are over-represented among
youth in care and may be inappropriately placed in group settings
instead of provided the individualized support they need. Children in
foster care--particularly youth of color and LGBTQ+ children who are
already subject to disproportionate rates of school discipline and
criminalization--are also at an increased risk of becoming involved in
the juvenile justice system. And for LGBTQ+ foster youth, foster care
systems are not always equipped to safely meet their needs.
My Administration is committed to addressing these entrenched problems
in our Nation's child welfare system, advancing equity and racial
justice for every child and family who is touched by the foster care and
child welfare system, and focusing on policies that improve child and
family well-being. This is why my Administration's discretionary funding
request for 2022 includes $100 million in competitive grants for State
and local child welfare systems to advance racial equity and prevent
unnecessary child removals.
National Foster Care Month is an opportunity for us to celebrate the
resource and kin families who are supporting children by opening their
homes and sharing their love. Crucially, it is also an opportunity to
celebrate foster youth and all of their accomplishments, and to
celebrate and encourage the many biological parents who are working hard
to safely reunite with their children. And it provides an opportunity
for us to fulfill our responsibility as a Nation to take care of each
other and provide our vulnerable youth and families with the support
they need.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and
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the laws of the United States, do hereby proclaim May 2021 as National
Foster Care Month. I call upon all Americans to observe this month by
reaching out in their neighborhoods and communities to the children and
youth in foster care and their families, those at risk of entering
foster care, and resource and kin families and other caregivers.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10193 of April 30, 2021
National Mental Health Awareness Month, 2021
By the President of the United States of America
A Proclamation
Mental health is essential to our overall health, and the importance of
attending to mental health has become even more pronounced during the
COVID-19 pandemic, which has not only negatively impacted many people's
mental health but has also created barriers to treatment.
Millions of adults and children across America experience mental health
conditions, including anxiety, depression, schizophrenia, bipolar
disorder, and post-traumatic stress disorder. Nearly one in five
Americans lives with a mental health condition. Those living with mental
health conditions are our family, friends, classmates, neighbors, and
coworkers. Before the Affordable Care Act, insurance companies could
discriminate against people based on pre-existing conditions, including
mental health conditions, and mental health and substance use services
were not covered by insurance. Still discrimination against those with
mental health conditions in our society remains, and can make it
difficult to find and reach out for help. While our Nation has made
progress in promoting mental health services, many communities face
pervasive barriers in accessing mental health care.
The COVID-19 pandemic and the resulting economic crisis has impacted the
mental health of millions of Americans. Isolation, sickness, grief, job
loss, food instability, and loss of routines has increased the need for
mental health services. At the same time, the need to protect people
from COVID-19 has made it more challenging for people to access mental
health services, and harder for providers to deliver this care.
Even before COVID-19, the prevalence of mental health conditions in our
Nation was on the rise. In 2019, nearly 52 million adults experienced
some form of mental illness. Recent data from the Centers for Disease
Control and Prevention indicates that one in four adults reported
experiencing symptoms of an anxiety or depressive disorder in February
2021--a significant increase from the prior year. Youth mental health is
also worsening, with nearly 10 percent of America's youth reporting
severe depression. We must treat this as the public health crisis that
it is and reverse this trend.
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Too many people with mental health needs feel they have nowhere to turn.
Suicide is the tenth leading cause of death in the United States and the
second leading cause of death for our Nation's youth today. Suicide
rates are disproportionately high among Black youth, and LGBTQI+ persons
are at disproportionate risk of death by suicide as well as suicidal
ideation, planning, and attempts. My Administration is committed to
advancing suicide prevention best practices and improving non-punitive
crisis response. Even as we build and enhance existing systems for
prevention and response within communities, immediate assistance is
available for those in need of help by calling the National Suicide
Prevention Lifeline at 1-800-273-TALK or by calling 1-800-662-HELP.
My Administration is committed to ensuring that people living with
mental health conditions are treated with compassion, respect, and
understanding. We must also address the disparities that underserved
communities, especially communities of color, face and work to ensure
that everyone has access to affordable, quality, and evidence-based
mental health care.
As President, I know that we can and must address these critical issues,
especially for those who have shouldered the burden of standing on the
front lines in responding to the pandemic. That is why the American
Rescue Plan includes substantial investments to promote mental health
among the health care workforce. We are also building on the progress
made through the 21st Century Cures Act by integrating mental health and
addiction treatment into primary care settings, schools, and homes.
My Administration is focused on building an improved, expanded system of
care for the mental health needs of adults and children. This will
require an increase in the number of mental health professionals.
Building on a program in the American Rescue Plan, I have requested $1
billion in funding to expand the number of school-based mental health
professionals, including school psychologists and counselors to address
the mental health needs of students. The American Rescue Plan also
delivered $3 billion for substance use and mental health care block
grants. These funds also ensure that States provide pathways to
prevention, intervention, treatment, and recovery services--especially
for underserved communities. The American Rescue Plan also included $420
million in funding to support Certified Community Behavioral Health
Clinics to expand access to high-quality, evidence-based behavioral
health services. Certified Community Behavioral Health Clinics are also
committed to involving peers and families, who are essential to mental
health recovery.
My Administration is committed to ensuring that everyone knows that they
are not alone, that help exists, and that we will provide the mental
health support needed to heal, recover, and thrive.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 2021 as
National Mental Health Awareness Month. I call upon citizens, government
agencies, organizations, healthcare providers, and research institutions
to raise mental health awareness and continue helping Americans live
longer, healthier lives.
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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10194 of April 30, 2021
National Physical Fitness and Sports Month, 2021
By the President of the United States of America
A Proclamation
Despite the unprecedented challenges and disruptions of the past year,
we continue to see examples of Americans finding innovative ways to stay
active and healthy. Some have moved their workouts into their living
rooms or garages. Others have taken up new sports. Many have simply
rediscovered the satisfaction of a walk through their neighborhood.
Despite this creativity, far too many people struggle to incorporate
regular physical activity into their daily lives. Socioeconomic
disparities, lack of opportunities for safe play, and limited access to
programs for increased activity are just a few of the inequities that
many Americans face--inequities that have been further exacerbated by
the pandemic. During this National Physical Fitness and Sports Month, we
encourage all Americans to stay active for their health and wellbeing.
Whether by pursuing a more active lifestyle, making physical activity a
priority and an essential part of everyday living, or supporting efforts
in local communities that increase access to sports and physical fitness
opportunities for all, participating in physical activities leads to a
healthier lifestyle.
Physical activity is one of the best tools we have to help combat
chronic diseases experienced by over half of all Americans. Even a
single session of moderate-to-vigorous physical activity can boost your
mood, sharpen your focus, reduce your stress, and improve your sleep.
More regular physical activity--over months or years--can contribute to
a reduced risk of depression, heart disease, several types of cancer,
dementia, type 2 diabetes, and obesity.
No matter our age or ability, the more that we can make regular physical
activity and participation in sports a part of our lives, the better off
both we and our Nation will be. Greater amounts of physical activity can
have positive effects in every stage of life and lead to better overall
health outcomes for both children and adults, including those with
disabilities. The Department of Health and Human Services' Move Your Way
campaign provides helpful tips to encourage children and adults to meet
the recommendations from the Physical Activity Guidelines for Americans.
The Centers for Disease Control and Prevention's Active People, Healthy
Nation initiative provides a blueprint for building active communities
to make it easier for all Americans to attain the physical activity they
need, with a goal of getting 27 million more Americans physically active
by 2027.
By transcending differences and uniting in celebration of physical
activity, healthy competition, and shared enjoyment, sports are a fun
and engaging way to stay active and keep fit for people of all ages. For
our Nation's
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youth, playing sports can also help to build confidence on and off the
field, while team sports foster the added virtues of service to common
causes and communal responsibility--win or lose, every game offers the
opportunity to learn something new or hone your skills. Every athletic
challenge is an avenue to greater mental and physical resilience. While
social distancing has made participation in organized sports
challenging, we can use this time to renew our focus on fundamental
skills and training in preparation for a return to play, especially for
young athletes.
Our Nation can and must do more to make sure that every child has the
opportunity to play sports and obtain the benefits that come with play,
including greater physical fitness and better health. As we recover from
the COVID-19 pandemic, it is more important than ever that we ensure
equal access to sports and fitness activities for everyone. To that end,
my Administration continues to promote programs that provide
opportunities for all of our young people to play sports--regardless of
their race, ethnicity, sex, sexual orientation, gender identity,
religion, disability, or neighborhood--in support of the National Youth
Sports Strategy.
I encourage every American to discover an enjoyable exercise activity
that fits into their daily routine. It does not matter how you choose to
be active--whether you are trying your hand at a new sport, exploring a
local park, or going for a walk or a jog in your own neighborhood,
physical activity holds the key to better health and wellness. During
National Physical Fitness and Sports Month, let us all strive to be more
active together.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 2021 as
National Physical Fitness and Sports Month. I call upon the people of
the United States to make daily physical activity a priority, to support
efforts to increase access to sports opportunities in their communities,
and to pursue physical fitness as an essential part of healthy living.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10195 of April 30, 2021
National Teacher Appreciation Day and National Teacher Appreciation
Week, 2021
By the President of the United States of America
A Proclamation
As the proud husband of an educator who continues, as First Lady, to
teach writing at a community college, I have seen firsthand the
dedication, selflessness, and vision of our Nation's educators. They
play so many different roles: They are mentors who guide with creativity
and care; advocates who fight for students' needs; role models who help
students dream and dare more boldly; and leaders who tirelessly support
the families and
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communities that depend on them. Every day, with every student they
reach, educators build the future of our country, and we are grateful
for their commitment to our shared future. This National Teacher
Appreciation Day and National Teacher Appreciation Week, we honor the
service and passion and celebrate the immeasurable contributions of our
Nation's educators in schools from coast to coast.
Throughout history, America's educators have risen to unprecedented
challenges. Over the past year, with our country facing a cascade of
crises, educators have risen to this challenge with care and creativity:
overcoming disruptions in their own lives while offering unwavering
support for their students' wellbeing and academic progress.
Educators served both as facilitators of learning and as the technology
support for their students, getting them up and running with access to
fully remote learning. They often worked late into the day to support
hard-to-reach children, and took the extracurriculars their students
love and adapted them for remote and hybrid learning. Our teachers even
found new ways to leverage technology platforms to coordinate with
parents as partners in learning, keep a close eye on the development of
their students, and build community by moving music rehearsals and
sports practices online.
As this pandemic has shined a bright light on the inequities that
persist in our schools, educators have also fought for the tools and
resources their schools need to bridge gaps and ensure all children have
what they need to succeed. Other school staff and administrators have
also stepped up in our time of need, with bus drivers bringing hotspots
to areas with no wireless internet, food service staff preparing meals
for students who might otherwise go hungry, and counselors helping
students and parents cope with trauma.
When I took office, I vowed to support our educators by giving them the
pay and dignity they deserve. I made a promise that they would not only
have a voice as we work to rebuild and reimagine our education system,
they would help us lead this effort. That is why my Administration is
partnering with State and local leaders, educators and their unions, and
families to ensure high-quality instruction, overcome the challenges of
the instructional time we lost in the pandemic, address educational
inequities, and meet students' physical, social, and emotional needs.
In early March, I prioritized early childhood through 12th grade
educators and staff for vaccination, and I set a goal of getting all of
these frontline essential workers at least one shot by the end of the
month. On April 2nd, I announced that 80 percent of all teachers, school
staff, and childcare workers across the country had received at least
one dose of the COVID-19 vaccine. Since then, we have made even more
progress in protecting our educators.
The American Rescue Plan is providing critical relief, including $122
billion in relief for K-12 schools to get students back in the classroom
quickly and safely and address the needs of students. In addition, the
American Rescue Plan includes $7.6 billion for special education,
children and youth experiencing homelessness, Tribal educational
agencies, Native Hawaiians, and Alaska Natives, emergency assistance to
non-public schools, and the outlying areas of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin
Islands, as well as $40 billion for higher education.
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Education is the one field that makes all others possible. Every one of
us has been shaped by someone who inspired our curiosity and helped us
find our confidence, who guided us to think more clearly and pushed us
to strive for better. On National Teacher Appreciation Day and during
National Teacher Appreciation Week, we remember the tremendous debt of
gratitude owed to educators everywhere who helped define us as
individuals and as a country, and to all that they are doing to light
the way forward for our families and our communities.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 4, 2021, as
National Teacher Appreciation Day and May 2 through May 8, 2021, as
National Teacher Appreciation Week. I call upon all Americans to
recognize the hard work and dedication of our Nation's teachers and to
observe this day and this week by supporting teachers through
appropriate activities, events, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10196 of April 30, 2021
Public Service Recognition Week, 2021
By the President of the United States of America
A Proclamation
In the face of unprecedented challenges this past year, America's
dedicated public servants have risen to the moment--bringing strength,
healing, and hope to their communities and to our Nation. Our public
servants are a living reminder that, here in America, we take care of
one another and leave no one behind. As we work to defeat the pandemic
and rebuild our economy, it is more important than ever to recognize and
reflect upon both our collective loss and our collective resilience.
During Public Service Recognition Week, we celebrate and thank our
public servants at the local, State, and Federal levels who exemplify
dedication to the common good.
Public servants are the lifeblood of our democracy. They are our
researchers and scientists, our front-line workers, our educators, our
first responders, our election officials, and our military service
members--among countless others. They are ordinary Americans who answer
the call to do extraordinary things, giving their time--and, in some
cases, risking or giving their lives--to make life better for all of us.
Throughout this week and beyond, my Administration will be shining a
light on the individual and collective efforts of public servants at the
local, State, Tribal, and Federal levels who unite us and help lead us
through challenging times. In the toughest of circumstances and often at
great personal sacrifice, our public servants tackle the most complex
problems facing our communities. Whether developing public health
guidance and
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working across agencies to safely reopen schools during the pandemic,
partnering with the private sector to develop and distribute vaccines,
keeping small businesses dreams alive, or combating natural disasters in
their hometowns, public servants demonstrate their commitment to our
Nation every day. It is our responsibility, in turn, to ensure that they
are honored and protected.
Since taking office earlier this year, I have made it the policy of the
United States to protect, empower, and rebuild the career Federal
workforce. My Administration made employee safety a priority--directing
agencies to create COVID-19 workplace safety plans and require mask-
wearing, physical distancing, and other public health measures in
Federal buildings and on Federal lands. I revoked several Executive
Orders that undermined the foundations of civil service, worked to
ensure the right of Federal employees to engage in collective
bargaining, and created a new interagency task force to ensure that
Federal employees engaged in scientific research and data collection are
never subjected to political interference.
In addition, I have strengthened protections against discrimination for
Federal employees, including discrimination on the basis of gender
identity or sexual orientation. I have also asked the Director of the
Office of Personnel Management to provide me with recommendations to
promote a $15 per hour minimum wage for Federal employees, as well as
recommendations for expanding the Federal Government's policy of
providing employees time off to vote. And this week, I signed an
Executive Order that will increase the minimum wage for employees
working on Federal contracts to $15 per hour.
Together, as we strive to build, support, and continuously improve our
public workforce, we recognize and celebrate the indispensable
contributions our public servants make while protecting our communities,
taking care of our neighbors, and helping us heal and build back better.
It is the honor of my lifetime to serve our Nation alongside our public
servants, who work tirelessly to improve the lives of Americans and
people around the globe.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 2 through May
8, 2021, as Public Service Recognition Week. I call upon all Americans
to celebrate public servants and their contributions this week and
throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10197 of April 30, 2021
Law Day, U.S.A., 2021
By the President of the United States of America
A Proclamation
In the many years I spent as a United States Senator and as Vice
President, I logged hundreds of thousands of miles of travel, and had
the opportunity to meet with foreign officials all over the world. Those
experiences impressed upon me a truth about America: that what makes our
Nation unique is the depth of our devotion to the rule of law.
Unlike so many of the Nations of the world, the United States wasn't
built around an ethnicity, religion, or tribe--it was built around
common ideals. The rule of law is central to those ideals. It is what
limits the abuse of power in our Nation, whether by an individual or a
mob. It reflects President John Adams' desire to establish ``a
government of laws and not of men.'' It is how Thomas Paine
distinguished us from the rest of the world--declaring that, while in
other Nations, the king is law, ``in America, the law is king.''
Many Nations around the world still struggle to capture what we have
captured here in America--not only in the text of our founding
documents, but in the character of our people: reverence for the law.
That reverence is essential to our democracy. Without it, equality and
justice cannot be advanced, human rights cannot be protected, democratic
norms and values cannot be secured, and disagreements cannot be
peaceably resolved. The rule of law has also been a critical vehicle for
delivering the full promise of American democracy to all of our people,
particularly those excluded in our Nation's founding. Today, on Law Day,
we rededicate ourselves to furthering that promise and strengthening
those ideals, and we renew our commitment to ensure that every
American's constitutional rights are protected.
The theme of this year's Law Day, ``Advancing the Rule of Law Now,'' is
particularly fitting at this moment in our Nation's history. Recently,
we were again called to recognize that democracy is precious and
fragile. We have witnessed grave threats to our democratic institutions
and to the rule of law itself. These tragic events have taught us once
again that when we are united, we can overcome the greatest challenges
and move our country forward--but it takes a commitment to law over
demagoguery, and the enforcement of law free from political
interference, to do so.
Previous generations of Americans have lived through civil war, economic
depressions, the rise of fascism, and world wars--and today, too many
Americans continue to face pervasive racism, xenophobia, nativism, and
other forms of intolerance. This year, the United States marks the 100th
anniversary of the Tulsa, Oklahoma, race massacre, in which a mob of
white residents attacked and killed between 100 and 300 Black residents
and destroyed more than 1,000 homes and businesses in a thriving
community known as Black Wall Street. Today, a century later, we still
face chilling echoes of those threats to equality, justice, and the rule
of law in the form of rising political extremism, white supremacy, and
domestic terrorism.
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My Administration is committed to advancing the rule of law within the
United States so that everyone is ensured equal justice under the law,
an equal place in our democracy, and the opportunity to fulfill their
potential free from abuses of power. On my first day in office, I signed
an historic Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government, to advance
equity and racial justice and redress systemic racism across a
comprehensive sweep of Federal policies, laws, and programs. I also
signed a memorandum on Condemning and Combating Racism, Xenophobia, and
Intolerance Against Asian Americans and Pacific Islanders in the United
States, stating that the Federal Government has a responsibility to
prevent racism, xenophobia, and intolerance against anyone in the United
States--particularly, today, against Asian Americans who have spent the
last year enduring unconscionable and un-American harassment and
attacks--as well as an additional Executive Order on Preventing and
Combating Discrimination on the Basis of Gender Identity or Sexual
Orientation. I have directed Federal agencies to facilitate access to
voting using their existing legal authority, and my Administration
supports further legislation to protect the sacred right to vote and
make it more equitable and accessible for all Americans to exercise that
right.
We are also working to advance the rule of law across the world by
rebuilding global alliances; confronting authoritarianism; and
reengaging with other governments, civil society organizations, and
multilateral organizations, such as the United Nations. We must ensure
that we are able to lead not by the example of our power, but by the
power of our example. As I have said on many occasions, our diplomacy
must be rooted in America's most cherished democratic values: defending
freedom, championing opportunity, upholding universal rights, respecting
the rule of law, and treating every person with dignity.
On this Law Day, U.S.A., I urge my fellow Americans to join me in
recommitting ourselves to promoting and advancing the rule of law and
delivering freedom and equality for all.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, in accordance with Public Law 87-20, as amended, do hereby
proclaim May 1, 2021, as Law Day, U.S.A. I call upon all Americans to
acknowledge the importance of our Nation's legal and judicial systems
with appropriate ceremonies and activities, and to display the flag of
the United States in support of this national observance.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10198 of April 30, 2021
Loyalty Day, 2021
By the President of the United States of America
A Proclamation
On Loyalty Day, we celebrate our allegiance to the project of this great
Nation and the democratic ideals woven into the fabric of our
Constitution. As Americans, we do not command loyalty, but seek to earn
it through our actions--including by living up to the principles
enshrined in our Constitution and respecting the will of the people as
reflected in the democratic process. Drawn together by the promise of
equality, freedom, and justice, we are a Nation of shared ideals and
strong, resilient people. Here in America, loyalty does not mean fealty
to any one leader or political party, nor does it mean unthinking praise
or willful ignorance of our shortcomings--it means loyalty to our common
ideals, and to one another. It means standing united as one people, even
as we cherish our differences and respect dissent.
Our country is a diverse tapestry of many cultures, heritages,
religions, and languages, brought together around the values and ideals
we all share as Americans. Together, we celebrate our differences and
draw strength from our common commitment to perfecting our Union. No
matter what challenges come our way, our Nation holds strong together--
bound by our Constitution and the rule of law, uplifted by individual
liberties and promises of justice we have worked hard in each generation
to secure and expand, and consecrated by those who have sacrificed to
preserve, defend, and care for our Nation.
We see loyalty in the members of our Armed Forces, who selflessly serve
in harm's way; in their families, who, in the timeless words of the poet
John Milton, ``also serve who only stand and wait;'' in our educators,
who dedicate their lives to nurturing young minds; in our first
responders, who put their lives on the line to save others; in all those
who have the courage to call out our Nation's imperfections when we fall
short, and who continue to push our society to live up to its founding
promise of freedom, justice, and equality for all. May 1 is also
International Workers' Day, and we honor the workers whose service and
sacrifice has helped turn the tide against the COVID-19 pandemic. On
this day, we show our gratitude to our essential workers--and to all of
the workers who have organized and fought to improve our Nation and
create a fairer and more just society for all.
To acknowledge the American ethos of patriotism and the sacrifices so
many of our fellow citizens have made, the Congress, by Public Law 85-
529, as amended, has designated the 1st day of May each year as Loyalty
Day. On this day, let us reaffirm our commitment to the values that bind
us together and honor all those who have defended our freedom.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim May 1, 2021, as Loyalty Day. This Loyalty
Day, I call upon the people of the United States to join in this
national observance, display the United States flag and pledge
allegiance to the Republic for which it stands.
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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10199 of April 30, 2021
Suspension of Entry as Nonimmigrants of Certain Additional Persons Who
Pose a Risk of Transmitting Coronavirus Disease 2019
By the President of the United States of America
A Proclamation
The national emergency caused by the coronavirus disease 2019 (COVID-19)
outbreak in the United States continues to pose a grave threat to our
health and security. As of April 29, 2021, the United States had
experienced more than 32 million confirmed COVID-19 cases and more than
570,000 COVID-19 deaths. It is the policy of my Administration to
implement science-based public health measures, across all areas of the
Federal Government, to act swiftly and aggressively to prevent further
spread of the disease.
The Centers for Disease Control and Prevention (CDC), within the
Department of Health and Human Services, working in close coordination
with the Department of Homeland Security, has determined that the
Republic of India is experiencing widespread, ongoing person-to-person
transmission of SARS-CoV-2, the virus that causes COVID-19. The World
Health Organization has reported that the Republic of India has had more
than 18,375,000 confirmed cases of COVID-19. The magnitude and scope of
the COVID-19 pandemic in the Republic of India is surging; the Republic
of India accounts for over one-third of new global cases, and the number
of new cases in the Republic of India is accelerating at a rapid rate.
There have been more than 300,000 average new daily cases in the
Republic of India over the past week. A variant strain of the virus,
known as B.1.617, is also circulating in the Republic of India, along
with other variant strains, including B.1.1.7, first detected in the
United Kingdom, and B.1.351, first detected in the Republic of South
Africa. The CDC advises, based on work by public health and scientific
experts, that these variants have characteristics of concern, which may
make them more easily transmitted and have the potential for reduced
protection afforded by some vaccines.
After reviewing the public health situation within the Republic of
India, CDC has concluded that proactive measures are required to protect
the Nation's public health from travelers entering the United States
from that jurisdiction.
Given the determination of CDC, working in close coordination with the
Department of Homeland Security, described above, I have determined that
it is in the interests of the United States to take action to restrict
and suspend the entry into the United States, as nonimmigrants, of
noncitizens of the United States (``noncitizens'') who were physically
present within the
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Republic of India during the 14-day period preceding their entry or
attempted entry into the United States.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and
section 301 of title 3, United States Code, hereby find that the
unrestricted entry into the United States of persons described in
section 1 of this proclamation would, except as provided for in section
2 of this proclamation, be detrimental to the interests of the United
States, and that their entry should be subject to certain restrictions,
limitations, and exceptions. I therefore hereby proclaim the following:
Section 1. Suspension and Limitation on Entry. The entry into the United
States, as nonimmigrants, of noncitizens who were physically present
within the Republic of India during the 14-day period preceding their
entry or attempted entry into the United States is hereby suspended and
limited subject to section 2 of this proclamation.
Sec. 2. Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any noncitizen national of the United States;
(iii) any noncitizen who is the spouse of a U.S. citizen or lawful
permanent resident;
(iv) any noncitizen who is the parent or legal guardian of a U.S. citizen
or lawful permanent resident, provided that the U.S. citizen or lawful
permanent resident is unmarried and under the age of 21;
(v) any noncitizen who is the sibling of a U.S. citizen or lawful permanent
resident, provided that both are unmarried and under the age of 21;
(vi) any noncitizen who is the child, foster child, or ward of a U.S.
citizen or lawful permanent resident, or who is a prospective adoptee
seeking to enter the United States pursuant to the IR-4 or IH-4 visa
classifications;
(vii) any noncitizen traveling at the invitation of the United States
Government for a purpose related to containment or mitigation of the virus;
(viii) any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or
C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise
traveling to the United States as air or sea crew;
(ix) any noncitizen
(A) seeking entry into or transiting the United States pursuant to one of
the following visas: A-1, A-2, C-2, C-3 (as a foreign government official
or immediate family member of an official), E-1 (as an employee of TECRO or
TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-
1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one
of those NATO categories); or
(B) whose travel falls within the scope of section 11 of the United
Nations Headquarters Agreement;
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(x) any noncitizen who is a member of the U.S. Armed Forces or who is a
spouse or child of a member of the U.S. Armed Forces;
(xi) any noncitizen whose entry would further important United States law
enforcement objectives, as determined by the Secretary of State, the
Secretary of Homeland Security, or their respective designees, based on a
recommendation of the Attorney General or his designee; or
(xii) any noncitizen whose entry would be in the national interest, as
determined by the Secretary of State, the Secretary of Homeland Security,
or their designees.
(b) Nothing in this proclamation shall be construed to affect any
individual's eligibility for asylum, withholding of removal, or
protection under the regulations issued pursuant to the legislation
implementing the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, consistent with the laws and
regulations of the United States.
Sec. 3. Implementation and Enforcement. (a) The Secretary of State shall
implement this proclamation as it applies to visas pursuant to such
procedures as the Secretary of State, in consultation with the Secretary
of Homeland Security, may establish. The Secretary of Homeland Security
shall implement this proclamation as it applies to the entry of
noncitizens pursuant to such procedures as the Secretary of Homeland
Security, in consultation with the Secretary of State, may establish.
(b) The Secretary of State, the Secretary of Transportation, and the
Secretary of Homeland Security shall endeavor to ensure that any
noncitizen subject to this proclamation does not board an aircraft
traveling to the United States, to the extent permitted by law.
(c) The Secretary of Homeland Security may establish standards and
procedures to ensure the application of this proclamation at and between
all United States ports of entry.
(d) Where a noncitizen circumvents the application of this
proclamation through fraud, willful misrepresentation of a material
fact, or illegal entry, the Secretary of Homeland Security shall
consider prioritizing such noncitizen for removal.
Sec. 4. Termination. This proclamation shall remain in effect until
terminated by the President. The Secretary of Health and Human Services
shall, as circumstances warrant and no more than 30 days after the date
of this proclamation and by the final day of each calendar month
thereafter, recommend whether the President should continue, modify, or
terminate this proclamation.
Sec. 5. Effective Date. This proclamation is effective at 12:01 a.m.
eastern daylight time on May 4, 2021. This proclamation does not apply
to persons aboard a flight scheduled to arrive in the United States that
departed prior to 12:01 a.m. eastern daylight time on May 4, 2021.
Sec. 6. Severability. It is the policy of the United States to enforce
this proclamation to the maximum extent possible to advance the national
security, public safety, and foreign policy interests of the United
States. Accordingly:
(a) if any provision of this proclamation, or the application of any
provision to any person or circumstance, is held to be invalid, the
remainder
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of this proclamation and the application of its provisions to any other
persons or circumstances shall not be affected thereby; and
(b) if any provision of this proclamation, or the application of any
provision to any person or circumstance, is held to be invalid because
of the lack of certain procedural requirements, the relevant executive
branch officials shall implement those procedural requirements to
conform with existing law and with any applicable court orders.
Sec. 7. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10200 of May 3, 2021
Older Americans Month, 2021
By the President of the United States of America
A Proclamation
During Older Americans Month, we celebrate older Americans and the key
role they play in sharing the wisdom and experience that inform today's
decisions and actions, and fostering the connection and engagement that
build strong, resilient communities. And, we recognize our
responsibility to ensure that every American has the opportunity to age
with dignity.
The COVID-19 pandemic has imposed tremendous hardships on our Nation's
older Americans. Older adults--particularly those from communities of
color--have comprised the majority of deaths from COVID-19, with more
than 80 percent of all deaths to date occurring in persons 65 and older.
Many older Americans have also suffered extreme social isolation from
being separated from friends, family, and community resources throughout
the pandemic. In spite of this, older Americans have stepped up to
support their families, friends, and neighbors. They are among our
essential workers, volunteers, and donors, bolstering their communities
and inspiring others to do the same. I am committed to ensuring older
adults are central in our country's recovery efforts.
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My Administration recognizes the value of our older adults and supports
the issues most important to them, such as Medicare, Social Security,
lowering the price of prescription drugs, and long-term care options--
including Medicaid's home and community-based services programs. The
American Rescue Plan puts the needs of older Americans at the forefront
of our country's path to recovery, starting by mounting a national
vaccination program to quickly and efficiently deliver lifesaving
vaccines, prioritizing our older citizens.
The American Rescue Plan also provides much needed support to skilled
nursing facilities, so they can improve infection control and
vaccination rollout capability by partnering with quality improvement
organizations. The law allocates funding to support mitigation, clinical
care, infection control, and staffing in long-term care facilities
during the pandemic. The law also provides significant funding to
support older adults who receive home and community-based services
through Medicaid to help them remain safe and independent in their own
homes and communities throughout the pandemic.
And, the American Rescue Plan adds substantial funding to programs
authorized under the Older Americans Act. These programs also connect
older adults and their caregivers to food, health care, and other home
and community-based services. The American Rescue Plan also calls for
the establishment of the National Technical Assistance Center on
Grandfamilies and Kinship Families, to give much needed aid to those
older Americans who have stepped up to parent the next generation of
Americans. Finally, the plan enhances the Elder Justice Act and ensures
Adult Protective Services can be used to protect the safety of all
adults as they age.
As our country works to put COVID-19 behind us, we know there is more we
must do to ensure that older Americans can live and age with dignity. We
are committed to ensuring older Americans can easily access appropriate
services they need to stay safe and healthy as they age.
In this year of peril and promise, older Americans have suffered
greatly, and provided inspirational demonstrations of strength. During
Older Americans Month, we honor these citizens and their continued
contributions. We commit to learning from them, and we pledge to support
their futures.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 2021 as Older
Americans Month. I call upon Americans of all ages to celebrate older
Americans during this month and throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10201 of May 4, 2021
60th Anniversary of the Freedom Rides, 2021
By the President of the United States of America
A Proclamation
On May 4, 1961, thirteen Americans set out on Greyhound and Trailways
buses from Washington, DC, to peacefully protest the scourge of
segregation. They came from 9 different States and the District of
Columbia; they were Black and white, men and women, ranging in age from
18 to 61, sitting side by side in a simple affirmation of shared
humanity. They were teachers and students, carpenters and architects,
ministers and servicemembers. Frances and Walter Bergman, Albert
Bigelow, Ed Blankenheim, Reverend Benjamin Elton Cox, James Farmer,
Genevieve Hughes, Jimmy McDonald, James Peck, Joe Perkins, Charles
Person, Hank Thomas, and a 21-year-old student at the American Baptist
Theological Seminary named John Lewis.
By the time of the first Freedom Rides, Thurgood Marshall and other
heroes of the early Civil Rights Movement had already persuaded the
Supreme Court to strike down the devastating doctrine of 'separate but
equal,' which had given legal cover to the horrors of Jim Crow for more
than half a century. But for far too many Americans, that promise of
equality was slow to arrive. As their buses arrived in each segregated
town, the Riders were brutally attacked by vicious, hateful mobs of
white supremacists. They were kicked and beaten unconscious, assaulted
with bats and batons, and arrested under laws that had already been
declared illegal by the Supreme Court--but which festered nevertheless.
One of the two buses had its tires slashed and windows smashed before it
was firebombed.
The Freedom Riders remained devoted to nonviolence, displaying
extraordinary physical courage and unflinching moral conviction. Despite
the brutality they faced, they were joined by five other Riders along
the route, and then by hundreds more joining similar rides in the months
to come. The public attention they brought to a pernicious cancer in our
society further inspired millions of Americans across the country,
including generations of Americans who have continued the fight for
civil rights in the years since. Their message of bravery, hope, and
unity in diversity continues to inspire us.
John Lewis was the first to withstand a physical attack, just 6 days
into the trip. It was not his first act of courageous leadership and
sacrifice, nor his last. Across his lifetime of service in and out of
Government, John Lewis was the moral compass of our Nation--though he
absorbed the force of human nature's cruelty, he emanated dignity and
grace. On the anniversary of his journey on the Freedom Rides, I am
reminded of the message he shared with me before he passed away last
summer: that we must stay focused on the work left undone to heal this
Nation. It is a call to all Americans to follow the example he set.
My Administration is committed to advancing the values and aspirations
of John Lewis and the Freedom Riders. On my first day in office, I
signed an Executive Order establishing a comprehensive initiative to
address racial equity and redress systemic racism in Federal policies,
laws, and programs. I also signed a Memorandum stating that the Federal
Government
[[Page 113]]
has a responsibility to prevent racism, xenophobia, and intolerance
against anyone in the United States--as well as an additional Executive
Order on Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation. I have directed Federal agencies to
preserve and strengthen the sacred right to vote using their existing
legal authority. My Administration also supports further legislation to
protect that most fundamental right--to make our democracy more
equitable and accessible for all Americans, and to enact a new Voting
Rights Act in John Lewis's name.
Today, we honor the Freedom Riders who took a stand against injustice 60
years ago. And we are inspired by the power and purpose of a dedicated
few who helped spark a movement--to make us a better Nation, and to
build a more perfect union for all of us.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 4, 2021, as
the 60th Anniversary of the Freedom Rides. I call upon all Americans to
participate in ceremonies and activities that honor the Freedom Riders,
those who struggled for equal rights during the Civil Rights Movement,
and those working still to advance civil rights across the Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10202 of May 4, 2021
Missing and Murdered Indigenous Persons Awareness Day, 2021
By the President of the United States of America
A Proclamation
Today, thousands of unsolved cases of missing and murdered Native
Americans continue to cry out for justice and healing. On Missing and
Murdered Indigenous Persons Awareness Day, we remember the Indigenous
people who we have lost to murder and those who remain missing and
commit to working with Tribal Nations to ensure any instance of a
missing or murdered person is met with swift and effective action.
Our failure to allocate the necessary resources and muster the necessary
commitment to addressing and preventing this ongoing tragedy not only
demeans the dignity and humanity of each person who goes missing or is
murdered, it sends pain and shockwaves across our Tribal communities.
Our treaty and trust responsibilities to Tribal Nations require our best
efforts, and our concern for the well-being of these fellow citizens
require us to act with urgency. To this end, our Government must
strengthen its support and collaboration with Tribal communities.
My Administration is fully committed to working with Tribal Nations to
address the disproportionately high number of missing or murdered
Indigenous people, as well as increasing coordination to investigate and
resolve
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these cases and ensure accountability. I am further committed to
addressing the underlying causes behind those numbers, including--among
others--sexual violence, human trafficking, domestic violence, violent
crime, systemic racism, economic disparities, and substance use and
addiction. Federal partnerships to address the number of missing and
murdered Indigenous peoples will be governed by the Nation-to-Nation
foundation of our relationship with Tribal governments and respect for
Tribal sovereignty and self-determination. The challenges in Tribal
communities are best met by solutions that are informed and shaped by
Tribal leaders and Tribal governments.
Tribes across the United States have long worked to provide solutions
for their communities. In April, the Confederated Salish and Kootenai
Tribes of the Flathead Indian Reservation, the United States Attorney's
Office for the District of Montana, and the FBI announced the Nation's
first Tribal Community Response Plan, part of a Department of Justice
pilot project to address emergent missing person cases in their
community. When someone goes missing, it is often an urgent and time-
sensitive situation. The Tribal community response plan lays out a
blueprint for how Tribal law enforcement; local, State, and Federal law
enforcement; and community members can respond when someone goes missing
from a Tribal community--resolving important issues of jurisdictional
overlap and gaps in order to respond swiftly and effectively. Other
Tribes and Native villages such as the Muscogee (Creek) Nation in
Oklahoma, Native Village of Unalakleet in Alaska, and the Bay Mills
Indian Community in Michigan, are working with Federal partners on their
own community response plans.
My Administration has made a priority of helping to solve the issues
surrounding Native Americans who go missing and those who are murdered
across the United States--including high rates of Native women and
girls, including transgender women and girls. We recognize there is a
level of mistrust of the United States Government in many Native
communities, stemming from a long history of broken promises,
oppression, and trauma. That is why we are pursuing ways to build trust
in our Government and the systems designed to provide support to
families in need. We must bridge the gap for families in crisis, provide
necessary support services, and support opportunities for healing
through holistic community-driven approaches.
I am committed to building on the successes of the 2013 reauthorization
of the Violence Against Women Act (VAWA) by supporting the passage of
the VAWA Reauthorization of 2021. Among other protections, this bill
reaffirms inherent Tribal authority to prosecute certain non-Indian
offenders--extending protections from domestic violence and dating
violence to Native American victims of sexual violence, stalking,
trafficking, child abuse, elder abuse, and assault against law
enforcement or justice personnel when crimes are committed on Tribal
territory. Additionally, through the American Rescue Plan we provided an
additional $35 million in grants for Tribes to provide temporary
housing, assistance, and supportive services to victims of domestic and
dating violence, as well as supplemental funding for the StrongHearts
Native Helpline, and additional funding for services for sexual assault
survivors.
My Administration has also committed to effectively implement the
requirements of Savanna's Act and the Not Invisible Act, legislation
focused
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on combating the issues surrounding missing or murdered Indigenous
persons. The Presidential Task Force on Missing and Murdered American
Indians and Alaska Natives continues to convene the Department of
Justice, the Department of the Interior, and the Department of Health
and Human Services, to address the issues from a combined public health-
public safety partnership. Furthering the efforts of the task force, the
White House Council on Native American Affairs will bring together all
relevant Federal agencies to work with Tribal Nations on exploring
additional ways to enhance prevention efforts and improve access to
safety and justice.
Furthermore, informed by Tribal input, the Department of the Interior
recently established the Missing & Murdered Unit (MMU) within the Bureau
of Indian Affairs Office of Justice Services to provide leadership and
direction for cross-departmental and interagency work involving missing
and murdered American Indians and Alaska Natives. The MMU will help
bring the weight of the Federal Government to bear when investigating
these cases and marshal law enforcement resources across Federal
agencies and throughout Indian country.
Our commitment to addressing these issues and to strengthening these
critical partnerships is unwavering. For too long, there has been too
much sorrow and worry. United by our mutual investment in healthy, safe
communities, we will work together to achieve lasting progress.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 5, 2021, as
Missing and Murdered Indigenous Persons Awareness Day. I call on all
Americans and ask all levels of government to support Tribal governments
and Tribal communities' efforts to increase awareness of the issue of
missing and murdered American Indians and Alaska Natives through
appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10203 of May 5, 2021
National Day of Prayer, 2021
By the President of the United States of America
A Proclamation
Throughout our history, Americans of many religions and belief systems
have turned to prayer for strength, hope, and guidance. Prayer has
nourished countless souls and powered moral movements--including
essential fights against racial injustice, child labor, and infringement
on the rights of disabled Americans. Prayer is also a daily practice for
many, whether it is to ask for help or strength, or to give thanks over
blessings bestowed.
The First Amendment to our Constitution protects the rights of free
speech and religious liberty, including the right of all Americans to
pray. These
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freedoms have helped us to create and sustain a Nation of remarkable
religious vitality and diversity across the generations.
Today, we remember and celebrate the role that the healing balm of
prayer can play in our lives and in the life of our Nation. As we
continue to confront the crises and challenges of our time--from a
deadly pandemic, to the loss of lives and livelihoods in its wake, to a
reckoning on racial justice, to the existential threat of climate
change--Americans of faith can call upon the power of prayer to provide
hope and uplift us for the work ahead. As the late Congressman John
Lewis once said, ``Nothing can stop the power of a committed and
determined people to make a difference in our society. Why? Because
human beings are the most dynamic link to the divine on this planet.''
On this National Day of Prayer, we unite with purpose and resolve, and
recommit ourselves to the core freedoms that helped define and guide our
Nation from its earliest days. We celebrate our incredible good fortune
that, as Americans, we can exercise our convictions freely--no matter
our faith or beliefs. Let us find in our prayers, however they are
delivered, the determination to overcome adversity, rise above our
differences, and come together as one Nation to meet this moment in
history.
The Congress, by Public Law 100-307, as amended, has called on the
President to issue each year a proclamation designating the first
Thursday in May as a ``National Day of Prayer.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 6, 2021, as a
National Day of Prayer. I invite the citizens of our Nation to give
thanks, in accordance with their own faiths and consciences, for our
many freedoms and blessings, and I join all people of faith in prayers
for spiritual guidance, mercy, and protection.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10204 of May 6, 2021
Military Spouse Appreciation Day, 2021
By the President of the United States of America
A Proclamation
As the members of our Armed Forces safeguard our Nation at home and
around the world, they depend on the people they love for strength,
comfort, joy, and stability. Military spouses may not always wear a
uniform, but they serve and sacrifice alongside their service members
and keep our military strong. On Military Spouse Appreciation Day, we
recognize and thank the military spouses who serve our Nation and are
critical to our national security.
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Military families are proud of the lives they build. Spouses understand
that loving a service member means facing the challenges that can
accompany their service: from leaving friends behind to changing jobs
again; making parenting decisions alone to losing sleep at night;
deployments to homecomings to more deployments. Those challenges have
been magnified by the COVID-19 pandemic, which has led to lost income,
fewer childcare options, and extended deployments. Still, military
spouses have done what they do best: adapt, persevere, and keep going.
When someone you love is hurting, you hurt with them. When your spouse
is at home, trying to make ends meet, or is torn between taking care of
your children and keeping a job, your heart breaks too. Service members
cannot focus on their mission if their families do not have what they
need to thrive at home, and we cannot expect to retain even the most
dedicated service members if they are forced to choose between their
love of country and the hopes and dreams they have for their families.
That is why supporting military spouses is critical to keeping our
Nation safe.
On Military Spouse Appreciation Day, we recognize the importance of
empowering spouses and ensuring they have the necessary tools and
resources to thrive in all facets of their lives, including in the
community, in the workforce, and at home.
My Administration is dedicated to supporting our Nation's military
spouses. Through the First Lady's work with Joining Forces, the White
House has committed to supporting military and veteran families,
caregivers, and survivors through economic and entrepreneurship
opportunities, support for military child education, and health and
wellbeing resources. Launched in 2011 as part of Joining Forces, the
Department of Defense's Military Spouse Employment Partnership now
includes more than 500 companies, nonprofit organizations, and Federal
agencies that are committed to recruiting, hiring, promoting, and
retaining military spouses. Since its inception, the Partnership has
supported more than 180,000 military spouses. Joining Forces will
continue to convene and collaborate with Federal agency partners,
nonprofit organizations, corporate stakeholders, and service providers
to develop comprehensive, meaningful, and long-term solutions to address
the holistic well-being of military and veteran families, caregivers,
and survivors. And, Joining Forces calls upon on all Americans to
support and harness the special skills, strengths, and experiences of
military spouses.
Today, we pause to salute the women and men who do so much to support
our troops, invest in our communities, and sacrifice for our country.
Their strength and resilience are essential to the recruitment,
retention, and readiness of our fighting forces and, indeed, to the
strength of our Nation.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 7, 2021, as
Military Spouse Appreciation Day. I call upon the people of the United
States to honor military spouses with appropriate ceremonies and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10205 of May 7, 2021
National Hurricane Preparedness Week, 2021
By the President of the United States of America
A Proclamation
In 2020, the United States experienced a record year for extreme
weather, with an unprecedented 30 named storms in the Atlantic Basin
alone. Twelve of these storms, six of which were hurricanes, made
landfall in the United States. These storms and hurricanes unleashed
their devastating power on the individuals and communities in their
paths. Their frequency and impact also highlight the existential threat
posed to our Nation by climate change. During National Hurricane
Preparedness Week, we encourage all Americans living in potentially
affected areas to take precautions to ensure that they, their families,
and their communities are best prepared for hurricanes, and commit to
improving our resilience to climate-related catastrophes.
The costs exacted by these storms, in lives, livelihoods, and property
damage, are staggering. Seven of last year's 30 named storms claimed 86
lives and caused $40 billion dollars in damage. Over the past two
decades, tropical storms and hurricanes have taken over 6,000 lives in
the United States and caused $853 billion in damage. These storms
accounted for 60 percent of the costs of our most damaging weather
events. In addition to the highly-visible damage, hurricanes also exact
an unseen and long-lasting emotional toll; the trauma of a lost loved
one, the sadness of losing treasured possessions, the stress of a
financial setback. This is compounded for low-income communities and
communities of color who are more likely to live in areas that make them
vulnerable to flooding and other climate-related weather events, and
less likely to have the funds to prepare for and recover from extreme
weather events.
As changes in our climate lead to additional extreme weather events, we
must pursue research and resilience policies that keep us safe and
strengthen our resilience.
Since taking office, I have directed my Administration to put the
climate crisis and the communities most vulnerable to it at the center
of our domestic and foreign policy. This includes investing in weather
forecasting and climate research to bolster our understanding of how our
changing climate is altering the behavior of hurricanes, as well as
ensuring every community has the resources to prepare for and respond to
these changing storms. Although hurricanes cannot be prevented, we can
predict and prepare for them.
We are constantly improving our forecasts and communications with the
public about the dangers posed by hurricanes. National Oceanic and
Atmospheric Administration (NOAA) forecasters work around the clock and
collaborate with State, local, Tribal, and territorial emergency
managers and government officials to provide actionable information
before, during, and after a hurricane. NOAA also collaborates with key
decision makers in Federal agencies, including the Department of
Homeland Security and the Federal Emergency Management Agency (FEMA).
Such collaborative work ensures that communities standing in a storm's
path have the information
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and resources they need to adequately prepare. After the storm, NOAA
provides stakeholders with essential information for damage assessments
and to re-open ports and coastal waterways critical to our Nation's
commerce.
In addition to work being done by Federal, State, local, and Tribal
governments, Americans should prepare themselves before a hurricane
hits. Keep up with weather forecasts and have an evacuation kit prepared
in case you ever need to relocate in advance of a hurricane. More
information and preparedness plan templates are available from FEMA's
ready.gov website.
Everyone has a role to play in hurricane preparedness and making us a
Weather-Ready Nation. When hurricanes strike, that's how we will save
lives, lessen the damage to our homes, communities, and infrastructure,
and recover stronger and faster.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 9 through May
15, 2021, as National Hurricane Preparedness Week. I urge all Americans
to help build our Weather-Ready Nation, so that individuals are
empowered and organizations can fulfill leadership roles in their
communities. I call on our Federal, State, Tribal, territorial and local
government agencies to share information that will protect lives and
property.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10206 of May 7, 2021
National Women's Health Week, 2021
By the President of the United States of America
A Proclamation
It's a simple proposition for me: women are entitled to the same rights
and opportunities as men, including access to high-quality, affordable
health care. National Women's Health Week is an opportunity to focus on
the work we need to do as a Nation to ensure equal access to high-
quality, affordable care for women, and to build a more prosperous,
healthy future for all.
This starts by strengthening the Affordable Care Act, which ensures that
women cannot be denied coverage for pre-existing conditions, such as
pregnancy, or charged more for coverage simply because they are women.
The Affordable Care Act also expanded coverage to millions of women who
were previously uninsured, and made various preventive services
available free of charge, including Pap smears and mammograms. In
addition, it covers screening and counseling for domestic and intimate
partner violence.
To cover more Americans, the Biden-Harris Administration began a special
open enrollment period on healthcare.gov, so that women who are
uninsured have the opportunity to sign up for coverage through August
15.
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And, we are committed to building on the successes of this law to make
coverage more affordable. The American Rescue Plan, enacted earlier this
year, will save women buying coverage on their own $50 per month on
their health care premiums.
The theme of this year's National Women's Health Week is ``Ending the
Pandemic and Elevating Women's Health.'' The quickest and most effective
way to defeat this pandemic and restore public health is through
vaccination.
My Administration is committed to advancing women's health and ensuring
an equitable response to the COVID-19 pandemic. We have prioritized and
increased access to the COVID-19 vaccine and expanded the criteria for
eligibility to include all adults over the age of 16. We encourage women
to talk to their doctors, nurses, nurse practitioners, or physician
assistants about the COVID-19 vaccine.
And, it is important for women and girls to catch up on any missed
vaccines or medical care from this past year. Delays in routine care--
such as Pap smears, mammograms, bone density scans, stress tests,
cholesterol screenings, blood pressure screenings, physical exams,
general check-ups and other preventive health screenings--can cause many
conditions to go undetected. As we mark National Women's Health Week,
let us make sure that all women and girls, particularly those with
underlying health conditions such as hypertension, diabetes,
cardiovascular and respiratory conditions, and mental health needs, can
prioritize their own health.
The COVID-19 pandemic has further revealed why the unique needs of women
and girls must be centered in our health care system, and further
brought to light the health disparities and systemic biases that women,
particularly women of color, continue to face, including inequitable
maternity care and access to reproductive health care.
My Administration aims to address persistent and unconscionable
disparities in maternal health outcomes. Pregnancy-related mortality for
Black and American Indian and Alaska Native women is two to three times
higher than for white, Hispanic, and Asian American and Pacific Islander
women. Ensuring that all women have equitable access to health care
before, during, and after pregnancy is essential. I am committed to
building a health care system that delivers equity and dignity to all
women and girls. In addition, we must protect access to sexual and
reproductive health care, including the broad range of family planning
services.
As we strive to improve the health of our Nation, we must prioritize the
health and well-being of our women and girls. During National Women's
Health Week, we reaffirm our commitment to this important work.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 9 through May
15, 2021, as National Women's Health Week. During this week, I encourage
all Americans to dedicate themselves to the work of improving the health
of women and girls and promoting health equity for all.
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IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10207 of May 7, 2021
Mother's Day, 2021
By the President of the United States of America
A Proclamation
Each year on the second Sunday in May, we take time to thank and
celebrate mothers across America--those who give us life and believe in
us, so we can believe in ourselves. Throughout our history, even as they
have nurtured and guided us, mothers have built, shaped, led, and
sustained our Nation with selflessness and courage.
Like so many fellow Americans observing this day without their Moms with
them, I will spend this Mother's Day missing my own mom, Catherine
Eugenia ``Jean'' Finnegan Biden. She taught me about the importance of
family, loyalty, and faith. Even now, I hear her voice reminding me that
everyone is equal and that we are all defined by our sense of honor,
duty, and courage. Her immeasurable strength lives on in all of her
children, her grandchildren, her great-grandchildren, and the many other
lives that she touched.
I will also spend this Mother's Day honoring the love of my life and the
life of my love, Jill. In the many years of our marriage, she has healed
our family, guided us through unimaginable hardships, and brought us
untold joy and laughter. Her strength and determination have been our
bedrock, and her warmth holds us all together.
Through their unconditional love, mothers shape our lives and help us
become the people we hope to be. We especially thank the mothers who
have led us through the COVID-19 pandemic. From the earliest days of
this crisis, so many mothers across our country have worked essential
jobs, borne the brunt of our caregiving crisis, and selflessly provided
support and comfort in a time of anxiety and fear. For many families,
mothers took on the full-time role of teacher and caregiver when our
schools and child care facilities were closed or operating remotely. In
fact, this year, millions of moms left the workforce or deferred their
education in order to provide care. New mothers faced pregnancy and
childbirth without family and friends to support them--exacerbating a
preexisting maternal health crisis which disproportionately impacts
Black and Native American families. On Mother's Day, we also honor those
who have suffered the profound loss of the life of a child and those
grappling with uncertainty in hopes of becoming mothers someday.
We also recognize that this will be the first Mother's Day for many
families who lost their Mom due to COVID-19 and other diseases and cruel
twists of fate of this past year. May God bless their memory and may
this day fall gently on their loved ones left behind.
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When we support mothers, we support the prosperity, security, and well-
being of our entire Nation. That's why my Administration is committed to
fighting for safe and equitable workplaces, addressing barriers women
face at work, closing the gender wage and wealth gaps, and making
quality child care affordable so parents can work, knowing their
children are in good hands.
We've already begun this work through the American Rescue Plan's
historic reductions in child poverty, ground-breaking investments in
child care, and expanded support for families with children. Today, we
are working to pass once-in-a-generation investments in our Nation's
future through the American Jobs Plan and the American Families Plan.
With these bills, we will modernize our schools, make it easier to care
for aging loved-ones, create millions of good jobs, rebuild our
country's infrastructure, and strengthen our economic competitiveness,
so that all families have the opportunities they need to thrive.
Our Nation would not be where we are today without the foundations built
by mothers. This Mother's Day, let us honor not only our own moms for
their many contributions to our lives, but all mothers whose arms have
cradled new generations and whose many gifts, unselfishly given, have
blessed us all.
The Congress, by joint resolution approved May 8, 1914 (38 Stat. 770),
has designated the second Sunday in May each year as ``Mother's Day''
and requested the President to call for its appropriate observance.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 9, 2021, as
Mother's Day. I urge all Americans to express their love, respect, and
gratitude to mothers everywhere, including the figures in our lives who
nurture, guide, and sacrifice for us in the ways that mothers do. I call
upon all citizens to observe this day with appropriate programs,
ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10208 of May 7, 2021
Peace Officers Memorial Day and Police Week, 2021
By the President of the United States of America
A Proclamation
Every day, we ask a great deal of the men and women of our Nation's law
enforcement agencies; from ensuring public safety, to serving as front-
line workers, to responding to incidents involving domestic violence,
substance use disorders, mental health challenges, and homelessness,
often with limited resources. Every morning, our Nation's law
enforcement officers pin on a badge and go to work, not knowing what the
day will bring, and hoping to come home safely. This year, even as the
COVID-19 pandemic took a
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physical, mental, and emotional toll, our officers, deputies, and
troopers demonstrated courage and dedication in continuing to support
our communities. As we recognize Peace Officers Memorial Day and Police
Week, we honor those who lost their lives in the line of duty, and thank
them on behalf of this grateful Nation for their service.
The economic toll of the COVID-19 pandemic has strained State, local,
and Tribal budgets--forcing many communities to stretch their funding,
consider layoffs, and reduce public services. My Administration will
support our Nation's law enforcement agencies and officers and work to
ensure they have the resources and research tools they need to do their
jobs successfully and the funding necessary to enhance officer safety
and wellness, including improving access to mental health services. We
will also continue to bolster initiatives that protect our law
enforcement officers' physical safety--including those that provide for
bulletproof vests and active shooter training.
This year, we also recognize that in many of our communities, especially
Black and brown communities, there is a deep sense of distrust towards
law enforcement; a distrust that has been exacerbated by the recent
deaths of several Black and brown people at the hands of law
enforcement. These deaths have resulted in a profound fear, trauma,
pain, and exhaustion for many Black and brown Americans, and the
resulting breakdown in trust between law enforcement and the communities
they have sworn to protect and serve ultimately makes officers' jobs
harder and more dangerous as well. In order to rebuild that trust, our
State, local, and Federal Government and law enforcement agencies must
protect constitutional rights, ensure accountability for misconduct, and
embrace policing that reflects community values and ensures community
safety. These approaches benefit those who wear the badge and those who
count on their protection.
We must also stop tasking law enforcement with problems that are far
beyond their jurisdictions. From providing emergency health care to
resolving school discipline issues, our communities rely on the police
to perform services that often should be the duty of other institutions.
We then accuse the police of failure when responsibility lies with
public policy choices they did not make. Supporting our law enforcement
officers requires that we invest in underfunded public systems that
provide health care, counseling, housing, education, and other social
services.
There are many ways we can demonstrate appreciation for our law
enforcement heroes. We recognize acts of bravery through the Public
Safety Officer Medal of Valor and the Law Enforcement Congressional
Badge of Bravery. We must also acknowledge the challenge and value of
their service through the Law Enforcement Mental Health and Wellness Act
of 2017 and the Supporting and Treating Officers in Crisis Act of 2019.
Should tragedy strike, Public Safety Officers' benefits must be
available for the families of officers who lose their lives or are
catastrophically injured in the line of duty.
This country asks much of our Federal, State, Tribal, and local police
officers and deputies, and it is our solemn responsibility to ensure
that those who protect and serve have the training, resources, and
support they need to do their jobs well. My Administration will do
everything we can to support the men and women who so courageously
protect us.
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By a joint resolution approved October 1, 1962, as amended (76 Stat.
676), and by Public Law 103-322, as amended (36 U.S.C. 136-137), the
President has been authorized and requested to designate May 15 of each
year as ``Peace Officers Memorial Day'' and the week in which it falls
as ``Police Week.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim May 15, 2021, as Peace Officers Memorial
Day and May 9 through May 15, 2021, as Police Week. I call upon all
Americans to observe these events with appropriate ceremonies and
activities. I further encourage all Americans to display the flag from
their homes and businesses on that day.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10209 of May 14, 2021
Revoking Proclamation 9945
By the President of the United States of America
A Proclamation
The suspension of entry imposed in Proclamation 9945 of October 4, 2019
(Suspension of Entry of Immigrants Who Will Financially Burden the
United States Healthcare System, in Order To Protect the Availability of
Healthcare Benefits for Americans), does not advance the interests of
the United States. My Administration is committed to expanding access to
quality, affordable healthcare. We can achieve that objective, however,
without barring the entry of noncitizens who seek to immigrate lawfully
to this country but who lack significant financial means or have not
purchased health insurance coverage from a restrictive list of
qualifying plans. The suspension of entry imposed in Proclamation 9945
is also in tension with the policy set forth in section 1 of Executive
Order 14012 of February 2, 2021 (Restoring Faith in Our Legal
Immigration Systems and Strengthening Integration and Inclusion Efforts
for New Americans).
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby
find that the unrestricted entry into the United States of noncitizen
immigrants based solely on the reasons articulated in Proclamation 9945
is not detrimental to the interests of the United States. I therefore
hereby proclaim the following:
Section 1. Revocation. Proclamation 9945 is revoked.
Sec. 2. Review of Agency Actions. The Secretary of State, the Secretary
of Health and Human Services, and the Secretary of Homeland Security
shall review any regulations, orders, guidance documents, policies, and
any other similar agency actions developed pursuant to Proclamation 9945
and,
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as appropriate, issue revised guidance consistent with the policy set
forth in this proclamation.
Sec. 3. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10210 of May 14, 2021
Armed Forces Day, 2021
By the President of the United States of America
A Proclamation
On Armed Forces Day, we honor and offer our profound appreciation and
gratitude to the patriots who are serving in our Nation's Army, Navy,
Air Force, Marine Corps, Space Force, and Coast Guard. Their
professionalism and unwavering dedication to supporting and defending
our Constitution has been vital in allowing our democracy to flourish,
safeguarding peace and growing prosperity for our citizens, and giving
hope to oppressed peoples or those facing tyranny abroad. Less than one
percent of Americans serve on active duty in the Armed Forces. Those who
do volunteer to put their lives on the line to protect our country and
democracy wherever they are called to serve. Whether they are Active
Duty, National Guard, or in the Reserve, they are true American heroes,
and we all owe them.
Our military members do not swear allegiance to an individual, group, or
political party. Their oath is to the United States Constitution. By
bringing together people from different races, religions, and sexual
orientations and melding them into a cohesive fighting force, our
military embodies the promise of our democratic experiment. My
Administration is determined to foster an environment that empowers our
Armed Forces and improves retention and promotion of the best talent, to
strengthen military readiness. Any ideology, actions, or influences that
seek to undermine this solidarity must be exposed and eliminated.
The unmatched strength of the United States Armed Forces reflects our
greatest strength as a people, our diversity. Our military has proven--
time
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and time again--that the insistent pursuit of greater inclusion and
equality makes us a more robust, more resilient, and more powerful
Nation. As we pay tribute to those who serve, we acknowledge our
continuing obligation to ensure that all qualified and willing Americans
who wish to serve in the United States Armed Forces are able to do so
openly and free from discrimination.
My Administration is committed to confronting and driving out sexual
assault and harassment, so that all members of the Armed Services feel
safe and welcome in the ranks. We will improve retention and promotion
of our best talent by using a single standard, one based on excellence.
The Biden family knows personally that the burden of service does not
fall solely on those who wear a uniform. Our military family members
also serve our country and make great sacrifices to support their loved
ones. They give their best to their service members, and we must give
our best to ensuring military families have what they need to thrive.
This is a national security imperative that supports military retention
and readiness, and my Administration is committed to supporting policies
that promote the well-being of our war fighters and their families.
Through the First Lady's work with Joining Forces, the White House has
committed to supporting military and veteran families, caregivers, and
survivors through economic and entrepreneurship opportunities, support
for military child education, and health and well-being resources.
Joining Forces will continue to convene and collaborate with Federal
agency partners, non-profit organizations, corporate stakeholders, and
service providers to develop comprehensive, meaningful, and long-term
solutions to address the holistic well-being of military and veteran
families, caregivers, and survivors.
The United States Armed Forces are the greatest fighting force in the
history of the world. They defend universal values and advance the cause
of freedom around the globe. On this day, we salute and show gratitude
for all who serve and commit to ensuring our Armed Forces remain strong,
united, and unmatched.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, and Commander in Chief of the Armed Forces of the United
States, continuing the precedent of my predecessors in office, do hereby
proclaim the third Saturday of each May as Armed Forces Day.
I direct the Secretary of Defense on behalf of the Army, Navy, Air
Force, Marine Corps, Space Force, and the Secretary of Homeland Security
on behalf of the Coast Guard, to plan for appropriate observances each
year, with the Secretary of Defense responsible for soliciting the
participation and cooperation of civil authorities and private citizens.
I invite the Governors of the States, the Commonwealth of Puerto Rico,
and other areas subject to the jurisdiction of the United States, to
provide for the observance of Armed Forces Day within their jurisdiction
each year in an appropriate manner designed to increase public
understanding and appreciation of the Armed Forces of the United States.
I also invite veterans, civic leaders, and other organizations to join
in the observance of Armed Forces Day each year.
Finally, I call upon all Americans to display the flag of the United
States at their homes and businesses on Armed Forces Day, and I urge
citizens
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to learn more about military service by attending and participating in
the local observances of the day.
Proclamation 10034 of May 15, 2020, is hereby superseded.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10211 of May 14, 2021
Emergency Medical Services Week, 2021
By the President of the United States of America
A Proclamation
Every day, in communities across the country, Emergency Medical Service
(EMS) providers put themselves on the line to save lives, safeguard
dangerous situations, and deliver hope to families and communities in
crisis. With selflessness, professionalism, and grace under fire, they
provide essential care--never more so than during our battle with COVID-
19 over the past year. This year's Emergency Medical Services Week
theme, ``THIS IS EMS: Caring for Our Communities,'' honors our heroic
frontline workers who provide vital emergency medical care and ease the
burden of crisis for Americans in need of help.
Through service, compassion, and dedication, EMS providers represent the
very best of the American spirit. In the face of unprecedented
challenges, their expertise, endurance, and hard work have been a
literal lifeline for families in every community. Whether responding to
the enormous suffering caused by COVID-19, the devastation of extreme
climate events, or daily medical emergencies, EMS providers--many of
whom are volunteers--prepare, sacrifice, and put others ahead of
themselves. Not only do they assume the heightened risks associated with
emergency care during a pandemic, but they also spend countless hours
away from families and friends in order to serve their communities.
In the face of these challenges, EMS providers have not hesitated to
take on new roles, including supporting COVID-19 testing, therapeutics,
and vaccination sites. To help support the women and men who do this
vital work, my American Rescue Plan included $100 million to support the
mental well-being--including the mental health--of our health care
professionals, paraprofessionals, public safety officers, and EMS
providers. My Administration has also made it a priority to ensure that
our State, local, Tribal, and territorial partners have the resources
they need so that EMS providers are trained and equipped to respond to
public health emergencies safely and effectively, now and in the future.
During Emergency Medical Services Week, we extend our deepest gratitude
to all EMS providers. Their courage, selflessness, and commitment are
extraordinary examples of what it means to serve this great country. We
also extend our sincere condolences to the loved ones of EMS providers
who have given their lives in the line of duty. This week and every
week, I urge
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all Americans to express their appreciation for our Nation's EMS
providers--and to bring greater safety to their lives, and to all of our
lives, by getting vaccinated to help bring an end to the COVID-19
pandemic.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 16 through May
22, 2021, as Emergency Medical Services Week. I call upon public
officials, doctors, nurses, paramedics, Emergency Medical Service
providers, and all the people of the United States to observe this week
with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10212 of May 14, 2021
National Defense Transportation Day and National Transportation Week,
2021
By the President of the United States of America
A Proclamation
Since our Nation's founding, our transportation infrastructure has
enabled our economic growth and enhanced our national security. From the
American merchant ships that carried supplies to support military
operations during the Revolutionary War, to the Erie Canal opening the
Midwest and West for growth, to the transcontinental railroad linking
our Nation after the Civil War; to the interstate highway system
transforming the way we travel, live, and work, our transportation
infrastructure has supported national defense and powered interstate
commerce. On National Defense Transportation Day and during National
Transportation Week, we take time to recognize the transformational role
infrastructure has played throughout our history, and reflect on the
work and investment required to build an even stronger, more
sustainable, and more equitable transportation system of the future.
America's transportation system has always proven vital for civilian and
military organizations, something we have seen demonstrated in our
Nation's response to the COVID-19 pandemic. Dedicated workers, using a
comprehensive transportation plan, including airports, highways,
railroads, waterways, and public transit, enabled the Federal Government
to distribute tens of millions of COVID-19 vaccines and helped us
deliver over 200 million shots in my first 100 days as President.
Even as we recognize the essential nature of our transportation system,
we must recognize that the system was built in a way that harmed
vulnerable communities, does not provide equal services to all people,
creates harmful local pollution, and contributes to climate change. We
also must address the fact that decades of disinvestment and neglect
have caused our roads, bridges and water systems to fall into disrepair.
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A disproportionate number of infrastructure needs occur in underserved
or underrepresented communities where people depend upon transportation
systems for work and daily activities. The lack of affordable
transportation options means lack of access to good-paying jobs,
education, and health care. Modern and resilient infrastructure
supporting reliable and affordable transportation options make the
American Dream possible for all of us, regardless of geography, race,
disability, or economic status.
For all of these reasons, I have proposed an American Jobs Plan that
will modernize 20,000 miles of highways, roads, and main streets, fix
the Nation's 10 most economically significant bridges in America in need
of replacement, and repair 10,000 bridges desperately in need of
upgrades to unclog traffic, keep people safe, and connect our cities,
towns, and Tribes across the country. It will build back a better
transportation system--one that is resilient to floods, fires, and
storms, and provides equitable, affordable access to opportunity for all
Americans.
The American Jobs Plan will replace buses and rail cars, build new rail
corridors and transit lines--easing congestion, cutting pollution,
slashing commute times, and opening up investment in communities that
can be connected to city centers. It will reduce the bottlenecks of
commerce at our ports and airports. The plan will also create good-
quality jobs paying prevailing wages in safe and healthy workplaces
while ensuring workers have a free and fair choice to organize, join a
union, and bargain collectively with their employers.
As our Nation recovers from the COVID-19 pandemic and the economic
destruction it caused, we have a chance to build back better by focusing
on infrastructure that reconnects communities, provides equitable access
to transportation services, and mitigates the devastating effects of
climate change.
This month we recognize the dedicated men and women who kept this Nation
moving during the depths of a global pandemic: The truckers who
delivered groceries to empty store shelves; the airline crews who flew
medical workers to COVID-19 hotspots; the United States military members
who remained on the front lines to distribute and administer vaccines in
record time; and the transportation workers who kept our systems running
as economies shut down. We thank you for serving the American people and
the traveling public.
In recognition of the ongoing contributions of our Nation's
transportation system and in honor of the devoted professionals who work
to sustain its tradition of excellence, the United States Congress has
requested, by joint resolution approved May 16, 1957, as amended (36
U.S.C. 120), that the President designate the third Friday in May of
each year as ``National Defense Transportation Day'' and, by joint
resolution approved May 14, 1962 (36 U.S.C. 133), that the week in which
that Friday falls be designated as ``National Transportation Week.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim Friday, May 21, 2021, as National Defense
Transportation Day and May 16 through May 22, 2021, as National
Transportation Week. I urge all Americans to observe these occasions
with appropriate ceremonies, programs, and activities as we show our
appreciation to those who build and operate our Nation's transportation
systems.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10213 of May 14, 2021
World Trade Week, 2021
By the President of the United States of America
A Proclamation
When the COVID-19 pandemic struck, it not only inflicted an enormous
toll on American lives and livelihoods--it brought unprecedented
disruption to the global economy as well. That disruption represents a
major threat to workers and employers in every community who rely on
trade to grow jobs here at home, from small businesses that sell their
goods to customers overseas, to major United States industries that
depend on imported components in the products they make in America. As
we work to defeat the pandemic and build back better, World Trade Week
reminds us of the important role that global trade plays in creating
jobs and strengthening the United States economy--and of our
responsibility to pursue trade policies that center on American workers.
The United States can out-compete any country in the world. We have all
the skills and strengths that we need to win the competition for the
future, including a fiercely innovative and productive workforce. And if
we make the smart investments to hone our competitive edge, no nation
will be able to match us. That is why my Administration is not only
focused on creating millions of good-paying jobs here at home, and
supporting America's working families, we are committed to making the
single biggest investment in American innovation and competitiveness
since World War II. Through the American Jobs Plan and the American
Families Plan, we will be taking on four major challenges to fortify our
foundation: strengthening our industrial and innovation base to ensure
that the future is made in America; investing in sustainable
infrastructure and laying the foundation for a clean energy future;
investing in our caring economy to ease the burden of care on working
families; and advancing racial equity across the board to ensure that
Americans in every community see the benefits of a revitalized economy
and United States leadership on the world economic stage.
To support those efforts, we are committed to strengthening existing
trade policies--and developing new ones aimed toward promoting equitable
growth, protecting workers' rights, and advancing environmental justice.
We are also holding our trade partners accountable and ensuring that
they do not gain competitive advantages by violating workers' rights or
engaging in unfair trade practices.
Enforcing our Nation's trade rules and ensuring a level playing field is
critical to making trade work for American workers and businesses. The
United States is working bilaterally and multilaterally with our
partners to develop standards that support workers, reduce export
barriers, and hold
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accountable those who abuse and exploit the global trading system. We
are working with international organizations to implement reforms and
address current challenges, including economic, racial, and social
inequities, as well as the climate crisis.
If we invest in America, and if we make sure that the United States and
our partners write the rules of the road when it comes to global trade,
then American factory workers, retail workers, farmers, ranchers, and
fishers in every community will have a better chance to earn their place
in the middle class and live lives of greater opportunity. We will be
more competitive around the world--and stronger, more prosperous, and
more resilient here at home.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 16 through May
22, 2021, as World Trade Week. I call upon all Americans to observe this
week and to celebrate with appropriate programs, ceremonies, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10214 of May 18, 2021
National Hepatitis Testing Day, 2021
By the President of the United States of America
A Proclamation
Our efforts to combat the COVID-19 pandemic over the past year have
reinforced many public health lessons, including the importance of
communication, community engagement, and a comprehensive testing
strategy to reduce the spread of infection. These same lessons hold true
for another epidemic affecting our Nation: the silent epidemic of viral
hepatitis. Viral hepatitis is a serious, preventable public health
threat that puts people who are infected at increased risk for serious
disease and death. When left undiagnosed and untreated, hepatitis B and
hepatitis C can cause liver cirrhosis, liver cancer, and even early
death. Hepatitis D, which occurs only among individuals infected with
hepatitis B, can also cause serious liver disease. On this National
Hepatitis Testing Day, I call on all Americans who are at risk for
hepatitis to get tested, and for all health care providers to educate
their patients about viral hepatitis.
Our Nation has set a goal to eliminate viral hepatitis by 2030. Thanks
to Federal investment in medical research, we have the technology and
tools to provide safe and effective hepatitis vaccines and therapeutics
that can reduce mortality and even lead to a cure. Despite this
progress, an estimated 2.4 million Americans are living with hepatitis
C, and more than 860,000 are living with hepatitis B--many of whom
unknowingly suffer its effects. Approximately 200,000 Americans are
infected with hepatitis D every year. Infection with hepatitis D in an
individual already infected
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with hepatitis B--known as superinfection--leads to a more rapid
progression towards liver cancer. We must increase prevention, testing,
and awareness to provide people the life-saving treatment they need.
Because of the Affordable Care Act, most health insurance plans must
cover hepatitis B and hepatitis C testing with no cost-sharing.
The Centers for Disease Control and Prevention recommends screening and
testing for hepatitis B, hepatitis C, and hepatitis D based on risk,
health status, and pregnancy. It is important we implement these
recommendations to ensure proper treatment and help stop the spread of
hepatitis. For more information on the recommendations, visit cdc.gov/
hepatitis.
My Administration is committed to addressing the health disparities and
health inequities, which, as with so many health metrics, are also seen
with viral hepatitis. Viral hepatitis disproportionately impacts Black
and brown Americans, Indigenous persons, Asian Americans, Native
Hawaiians, and Pacific Islanders. The interplay of factors such as
poverty, inadequate housing and transportation, food insecurity, access
to care, access to addiction treatment and mental health care, medical
mistrust, language and cultural barriers, stigma, and discrimination
must be addressed if we are to eliminate these health disparities and
advance health equity. The recently released Viral Hepatitis National
Strategic Plan: A Roadmap to Elimination is focused on making sure more
people living with viral hepatitis are tested and aware of their status
and providing a roadmap for quality care and treatment. To read more
about the plan, visit hhs.gov/hepatitis.
The viral hepatitis epidemic is also linked with other public health
threats, including HIV, sexually transmitted infections, and opioid use.
Our response to the public health challenges of viral hepatitis, HIV,
sexually transmitted infections, and substance use disorders will
require a focus on the people and places where these risk factors
intersect, and doing more to test people for viral hepatitis and other
infections. We also need to scale-up vaccinations, testing, and care in
settings where people at risk receive other services. Implementing
point-of-care testing in outreach settings, utilizing clinical decision
support tools, and increasing provider awareness and training for
implementing testing recommendations will help improve diagnoses and
awareness. The ability to reduce viral hepatitis infections will depend
on integrated strategies and a comprehensive approach to address our
ongoing challenges.
Viral hepatitis exacts a significant toll on our Nation's health, and
the stigma and discrimination associated with the disease further impair
the quality of life among those affected. Today, we reaffirm our
commitment to ensuring everyone knows their viral hepatitis status, has
access to high quality care and treatment, and lives free from stigma
and discrimination.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 19, 2021, as
National Hepatitis Testing Day. I encourage all Americans to join in
activities that will increase awareness about viral hepatitis and
increase viral hepatitis testing.
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IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10215 of May 21, 2021
National Safe Boating Week, 2021
By the President of the United States of America
A Proclamation
Every year, millions of Americans take time to enjoy our Nation's
waterways--one of our great natural treasures. As more Americans get
vaccinated against COVID-19, and as warmer weather draws families to our
Nation's lakes, rivers, and beaches, this week serves as a critical
reminder of the importance of staying safe on the water. Each year
during National Safe Boating Week, the Coast Guard and an array of
Federal, State, and local partners help save lives and guard against
accidents by highlighting safe boating practices.
This year, we celebrate the 50th anniversary of the Federal Boat Safety
Act of 1971. The Act created a partnership between the Federal
Government and the States to improve the safety of recreational boating.
It also established the National Recreational Boating Safety Program and
gave the Coast Guard the authority to establish mandatory boat
manufacturing and safety standards. The Coast Guard estimates that these
efforts have saved nearly 100,000 lives over the last half century.
While most boating trips are enjoyable and safe, tragedy still strikes
with alarming frequency. Since 2000, there have been over 13,000
boating-related deaths and over 64,000 boating-related injuries, many of
which could have been prevented if proper safety precautions were taken.
Whether you are fishing, sailing, or out on the water with family or
friends, it is essential to follow safe boating practices for your own
protection and the protection of those around you.
Safe boating begins with education and planning. Human error contributes
to the vast majority of boating accidents, which can be minimized by
taking an ``on-water'' boating safety course. Learning and improving
your boating skills help increase the odds of an enjoyable and safe
boating experience. Every American can ensure that their boat is ready
for the water by obtaining a free vessel safety check offered through
the U.S. Coast Guard Auxiliary.
I call upon all Americans to follow safe boating practices. By following
basic boating safety procedures--wearing life jackets, carrying
lifesaving emergency distress and communications equipment, judiciously
using the engine cut-off switch, and staying sober when boating--we can
prevent the vast majority of boating fatalities and help ensure boaters
on America's coastal, inland, and offshore waters stay safe throughout
the season.
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In recognition of the importance of safe boating practices, the
Congress, by joint resolution approved June 4, 1958 (36 U.S.C. 131), as
amended, has authorized and requested the President to proclaim annually
the 7-day period before Memorial Day weekend as ``National Safe Boating
Week.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim May 22 through May 28, 2021, as National
Safe Boating Week. I encourage all Americans who participate in boating
activities to observe this occasion by learning and practicing safe
boating behaviors. I also encourage the Governors of the States and
Territories, and appropriate officials of all units of government, to
join me in encouraging boating safety through events and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10216 of May 21, 2021
National Maritime Day, 2021
By the President of the United States of America
A Proclamation
Since the first days of our Republic, America has been a proud maritime
Nation. To this day, the United States Merchant Marine is a pillar of
our country's prosperity, playing a vital role in the maintenance of our
economic and national security. Through every period of peace and war,
our merchant mariners have been dedicated to protecting our freedom and
promoting commerce. On National Maritime Day, we honor the steadfast
commitment and sacrifices of the men and women who serve in the United
States Merchant Marine, and recognize their essential role in
safeguarding and strengthening our Nation.
Called the ``fourth arm of defense'' by President Franklin D. Roosevelt
during World War II, the Merchant Marine established itself as a
cornerstone of sealift support for our Armed Forces, sailing through
theaters of war to deliver troops and supplies while keeping vital ocean
supply lines operating. The perseverance and dedication of the Merchant
Marine contributed to the Allied victory even as they suffered one of
the highest casualty rates of any of our military services.
Our merchant mariners also play a critical role in times of peace. They
ensure our economic security by keeping our coastal and inland waterways
open to trade, while United States-flagged ships operated by American
merchant mariners transport goods across our country and all over the
world. United States maritime freight operations helped support $5.4
trillion of economic activity among the many non-maritime industries
that depend on the Merchant Marine for access to world markets. This
movement of goods domestically and internationally continues to ensure
America's economic competitiveness throughout the world--growing jobs
and supporting businesses of all sizes here at home.
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Our merchant mariners are also critical to extending United States
support and assistance to foreign nations and local communities hit hard
by natural disasters and devastating crises. Even in the midst of a
worldwide pandemic, these brave men and women have overcome seemingly
insurmountable obstacles to fulfill their mission while keeping our
Nation's supply chains running.
The operation of the United States-flagged fleet is essential in
contributing to the reduction of greenhouse gas emissions and landside
congestion, helping provide current and future generations with a more
sustainable means of freight transportation. The industry is also
working to develop and implement new technologies to continue reducing
emissions--an effort my Administration is supporting through new
international partnerships.
The maritime industry has long provided opportunity for Americans of all
backgrounds--and the Merchant Marine continues to advance a more
equitable industry in which barriers to entry and advancement are
eliminated.
On this National Maritime Day, we honor the brave merchant mariners who
provide critical support to our troops stationed in warzones, and who
are essential to our Nation's economic success. Recognizing the
contributions of our merchant mariners, my Administration strongly
supports protecting the Jones Act--the cornerstone of our domestic
maritime industry. We must protect those who protect our country.
The Congress, by a joint resolution approved May 20, 1933, has
designated May 22 of each year as ``National Maritime Day'' to
commemorate the first transoceanic voyage by a steamship in 1819 by the
S.S. Savannah. By this resolution, the Congress has authorized and
requested the President to issue annually a proclamation calling for its
appropriate observance.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 22, 2021, as
National Maritime Day. I call upon all Americans to observe this day and
to celebrate with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10217 of May 26, 2021
Honoring the Victims of the Tragedy in San Jose, California
By the President of the United States of America
A Proclamation
As a mark of respect for the victims of the senseless acts of violence
perpetrated on May 26, 2021, in San Jose, California, by the authority
vested in me as President of the United States by the Constitution and
the laws of the United States of America, I hereby order that the flag
of the United States shall be flown at half-staff at the White House and
upon all public
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buildings and grounds, at all military posts and naval stations, and on
all naval vessels of the Federal Government in the District of Columbia
and throughout the United States and its Territories and possessions
until sunset, May 30, 2021. I also direct that the flag shall be flown
at half-staff for the same length of time at all United States
embassies, legations, consular offices, and other facilities abroad,
including all military facilities and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10218 of May 28, 2021
Prayer for Peace, Memorial Day, 2021
By the President of the United States of America
A Proclamation
On Memorial Day, we honor and reflect upon the courage, integrity, and
selfless dedication of the members of our Armed Forces who have made the
greatest sacrifice in service to our Nation. Whether in the waters of
the Pacific, on the beachheads of Europe, in the deserts of the Middle
East, or in the mountains of Afghanistan, American service members have
given their lives to uphold our Constitution and to defend the safety
and freedoms of our citizens. These patriots embody the best of the
American spirit. They put themselves on the line for our shared values--
for duty, honor, country--and they paid the ultimate price. Our Nation
can never fully repay the debt we owe to our fallen heroes and their
families.
Jill and I know what it means to have a child serving in a war zone--the
ever-present concern for your loved one and their fellow service
members. Today and every day, we ask God to protect our troops. We also
recognize the tremendous loss endured by America's Gold Star families--
the families of military members who died in conflict. We have a sacred
obligation as a Nation to support those families and to always honor the
memories of their loved ones.
That is the vow we make each year on Memorial Day. Our Nation will never
forget the courage and patriotism demonstrated by the countless women
and men who laid down their lives so that we may continue to pursue a
more perfect Union and to protect the unalienable rights Americans hold
dear. They came from every part of the country, of every background and
belief, united by a shared belief in our uniquely American creed--that
all people are created equal. We will honor their legacy by continuing
our work to live up to that commitment and to advance the values they
lived and died to defend. We will continue to fight for equity and
inclusion in our country and institutions, and ensure every qualified
American who is willing to serve our country--regardless of race,
religion, gender identity, sexual orientation, or background--has a fair
and equal opportunity to do so.
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We will continue to honor our fallen service members through the actions
of a new generation who volunteer to serve in uniform, who anchor our
military to our democratic values, and who stand ready to deter
aggression from our enemies and, if required, fight and defend our
Nation. Today--as we keep true to the memory of our fallen heroes--we
will endeavor to meet their legacy and once more lead the world through
the power of our example and not just the example of our power.
As our Nation's service members continue to risk their lives to protect
our homeland and thwart our enemies, we must not lose sight of our
desire for enduring peace. Every day, countless Americans pray and work
for peace so that we may one day live in a world where American patriots
need not make the ultimate sacrifice, and where all people live in
freedom and prosperity. As a Nation, we are grateful to the brave
members of our Armed Services--both past and present--who have forged
the legacy for that possibility.
In honor and recognition of all of our fallen service members, the
Congress, by a joint resolution approved May 11, 1950, as amended (36
U.S.C. 116), has requested that the President issue a proclamation
calling on the people of the United States to observe each Memorial Day
as a day of prayer for permanent peace and designating a period on that
day when the people of the United States might unite in prayer and
reflection. The Congress, by Public Law 106-579, has also designated
3:00 p.m. local time on that day as a time for all Americans to observe,
in their own way, the National Moment of Remembrance.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim Memorial Day, May 31, 2021, as a day of
prayer for permanent peace, and I designate the hour beginning in each
locality at 11:00 a.m. of that day as a time when people might unite in
prayer and reflection. I urge the press, radio, television, and all
other information media to cooperate in this observance. I further ask
all Americans to observe the National Moment of Remembrance beginning at
3:00 p.m. local time on Memorial Day.
I request the Governors of the United States and its Territories, and
the appropriate officials of all units of government, to direct that the
flag be flown at half-staff until noon on this Memorial Day on all
buildings, grounds, and naval vessels throughout the United States and
in all areas under its jurisdiction and control. I also request the
people of the United States to display the flag at half-staff from their
homes for the customary forenoon period.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10219 of May 31, 2021
Day of Remembrance: 100 Years After the 1921 Tulsa Race Massacre
By the President of the United States of America
A Proclamation
One hundred years ago, a violent white supremacist mob raided,
firebombed, and destroyed approximately 35 square blocks of the thriving
Black neighborhood of Greenwood in Tulsa, Oklahoma. Families and
children were murdered in cold blood. Homes, businesses, and churches
were burned. In all, as many as 300 Black Americans were killed, and
nearly 10,000 were left destitute and homeless. Today, on this solemn
centennial of the Tulsa Race Massacre, I call on the American people to
reflect on the deep roots of racial terror in our Nation and recommit to
the work of rooting out systemic racism across our country.
Before the Tulsa Race Massacre, Greenwood was a thriving Black community
that had grown into a proud economic and cultural hub. At its center was
Greenwood Avenue, commonly known as Black Wall Street. Many of
Greenwood's 10,000 residents were Black sharecroppers who fled racial
violence after the Civil War.
In the decades following the Civil War and Reconstruction, Greenwood
became a place where Black Americans were able to make a new start and
secure economic progress despite the continued pain of institutional and
overt racism. The community was home to a growing number of prominent
Black entrepreneurs as well as working-class Black families who shared a
commitment to social activism and economic opportunity. As Greenwood
grew, Greenwood Avenue teemed with successful Black-owned businesses,
including restaurants, grocery stores, hotels, and offices for doctors,
lawyers, and dentists. The community also maintained its own school
system, post office, a savings and loan institution, hospital, and bus
and taxi service.
Despite rising Jim Crow systems and the reemergence of the Ku Klux Klan,
Greenwood's economic prosperity grew, as did its citizens' demands for
equal rights. This made the community a source of pride for many Black
Americans. It also made the neighborhood and its families a target of
white supremacists. In 2 days, a violent mob tore down the hard-fought
success of Black Wall Street that had taken more than a decade to build.
In the years that followed, the destruction caused by the mob was
followed by laws and policies that made recovery nearly impossible. In
the aftermath of the attack, local ordinances were passed requiring new
construction standards that were prohibitively expensive, meaning many
Black families could not rebuild. Later, Greenwood was redlined by
mortgage companies and deemed ``hazardous'' by the Federal Government so
that Black homeowners could not access home loans or credit on equal
terms. And in later decades, Federal investment, including Federal
highway construction, tore down and cut off parts of the community. The
attack on Black families and Black wealth in Greenwood persisted across
generations.
The Federal Government must reckon with and acknowledge the role that it
has played in stripping wealth and opportunity from Black communities.
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The Biden-Harris Administration is committed to acknowledging the role
Federal policy played in Greenwood and other Black communities and
addressing longstanding racial inequities through historic investments
in the economic security of children and families, programs to provide
capital for small businesses in economically disadvantaged areas,
including minority-owned businesses, and ensuring that infrastructure
projects increase opportunity, advance racial equity and environmental
justice, and promote affordable access.
A century later, the fear and pain from the devastation of Greenwood is
still felt. As Viola Fletcher, a 107-year-old survivor of the Tulsa Race
Massacre courageously testified before the Congress recently, ``I will
never forget the violence of the white mob when we left our home. I
still see Black men being shot, Black bodies lying in the street. I
still smell smoke and see fire. I still see Black businesses being
burned. I still hear airplanes flying overhead. I hear the screams. I
have lived through the massacre every day. Our country may forget this
history, but I cannot.''
With this proclamation, I commit to the survivors of the Tulsa Race
Massacre, including Viola Fletcher, Hughes Van Ellis, and Lessie
Benningfield Randle, the descendants of victims, and to this Nation that
we will never forget. We honor the legacy of the Greenwood community,
and of Black Wall Street, by reaffirming our commitment to advance
racial justice through the whole of our government, and working to root
out systemic racism from our laws, our policies, and our hearts.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim May 31, 2021, a
Day of Remembrance: 100 Years After The 1921 Tulsa Race Massacre. I call
upon the people of the United States to commemorate the tremendous loss
of life and security that occurred over those 2 days in 1921, to
celebrate the bravery and resilience of those who survived and sought to
rebuild their lives again, and commit together to eradicate systemic
racism and help to rebuild communities and lives that have been
destroyed by it.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
May, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10220 of June 1, 2021
Black Music Appreciation Month, 2021
By the President of the United States of America
A Proclamation
Throughout our history, there has been no richer influence on the
American songbook than Black music and culture. From early spirituals
born out of the unconscionable hardships of slavery; to the creation of
folk and gospel; to the evolution of rhythm and blues and jazz; to the
ascendance of rock and roll, rap, and hip-hop--Black music has shaped
our society, entertained and inspired us, and helped write and tell the
story of our Nation.
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During Black Music Appreciation Month, we honor the innovative artists
whose musical expressions move us, brighten our daily lives, and bring
us together. Across the generations, Black music has pioneered the way
we listen to music while preserving Black cultural traditions and
sharing the unique experiences of the Black community. Black artists
have dramatically influenced what we all hear and feel through music--
joy and sadness, love and loss, pride and purpose.
Black music has always stood on its own--a beacon of resilience and
resistance--while at the same time helping to shape countless other
musical and cultural traditions. From the syncopated rhythms of jazz to
the soulful expressions of R&B, Black music spans an extraordinarily
broad spectrum of genres and styles. The distinct voices and instruments
of Black artists have filled the halls of the Apollo Theater in New York
City, Preservation Hall in New Orleans, the Fillmore in San Francisco,
and other iconic venues throughout the United States and around the
world, energizing audiences and inspiring millions. The music created
and expressed by Black communities has paved the way for generations of
musicians across all races, creeds, colors, religions, sexual
orientations, and identities. The creativity and spirit of Black music
is everywhere, and our Nation and the world are richer for it.
This month, we also honor the many important contributors to our
Nation's musical heritage that are no longer with us. And although they
have taken their final bows, their musical legacies and influence will
live on in our hearts and souls, and inspire a new generation of artists
and fans.
In appreciating the indelible contributions of Black Americans to the
music landscape, we must also recognize the crisis of racial inequity
that Black Americans have faced in America for centuries--a crisis that
is often reflected and challenged in Black music. We must rededicate
ourselves to rooting out systemic racism from every part of our society,
and work together to advance racial justice and equity. In the music
industry, that work includes identifying and eliminating barriers that
Black creatives face in producing and maintaining ownership of their
music and other creations. In this month of June, we celebrate the Black
music that has shaped and enlivened our lives and our country, and
recommit ourselves to advancing racial equity for artists--and for
everyone.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 2021 as Black
Music Appreciation Month. I call upon public officials, educators, and
all the people of the United States to observe this month with
appropriate activities and programs that raise awareness and
appreciation of Black music.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10221 of June 1, 2021
Great Outdoors Month, 2021
By the President of the United States of America
A Proclamation
America's great outdoors, diverse landscapes, and pristine waterways are
a limitless source of pride, inspiration, and sustenance of both body
and soul--and an essential part of our national identity. It is our
shared responsibility as Americans to be good stewards of these
irreplaceable treasures for our children and grandchildren, and for
generations to come. During Great Outdoors Month, we celebrate our
Nation's natural wonders, and rededicate ourselves to conserving
nature's splendor for all Americans and safeguarding our environment
against the existential threat of climate change and other challenges.
Our Nation is blessed by an abundance of incredible outdoor spaces that
provide opportunities for exploration, recreation, and rejuvenation.
From the Sierra Nevadas to the Ozark Trail to the Everglades--to local
trails and parks in every part of the country--the outdoors inspire
creativity, provide educational opportunities, and bring communities
together. This past year, so many of us have developed an even greater
appreciation for the powerful role that outdoor spaces play in our
physical and mental well-being--providing outlets for activity, solace,
and connection in the midst of a devastating pandemic.
Now more than ever, we must rise to meet the challenges of environmental
degradation, climate change, and inequitable access to nature. The
natural world provides critical resources that sustain all life on
Earth--from the air we breathe and the water we drink to the food we
eat. Ensuring that we maintain healthy ecosystems and a resilient planet
is not just a matter of environmentalism. It is also critical to our
health, our safety, the security of our families, and the strength of
our economy.
My Administration is committed to taking swift action to address the
existential threat of climate change. I have proposed a major investment
to put Americans to work building critical industries to produce and
deploy clean technologies--reducing harmful emissions, and putting us on
the path to a more sustainable and equitable future while creating
millions of good-paying jobs. We are going to put Americans to work
building a clean, resilient power grid; capping hundreds of thousands of
abandoned oil and gas wells and coal mines to put a stop to methane
leaks; constructing the next generation of electric vehicles; and
developing new carbon capture and green hydrogen technologies on farms
and in factories to make everything from our steel and cement to our
agricultural sector cleaner and more sustainable. We will also speed up
implementation of the Great American Outdoors Act, which invests in
conservation projects that will benefit communities across the country--
including Black and brown communities that have too often been excluded
from our great outdoor spaces. My Administration has also outlined a new
``America the Beautiful'' initiative to bring the Federal Government
together with State, Tribal, and local partners to conserve at least 30
percent of our lands and waters by 2030.
During Great Outdoors Month, I encourage all Americans to explore our
Nation's beautiful outdoor spaces. As we enjoy the great outdoors--from
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national parks to our own backyards--let us rededicate ourselves to
conserving our Nation's natural spaces for our own well-being, and for
the health, safety, prosperity, and fulfillment of generations to come.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 2021 as Great
Outdoors Month. I urge all Americans to explore the great outdoors, to
experience our Nation's natural heritage, and to continue our Nation's
tradition of preserving and conserving our lands for future generations.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10222 of June 1, 2021
Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month, 2021
By the President of the United States of America
A Proclamation
The uprising at the Stonewall Inn in June, 1969, sparked a liberation
movement--a call to action that continues to inspire us to live up to
our Nation's promise of equality, liberty, and justice for all. Pride is
a time to recall the trials the Lesbian, Gay, Bisexual, Transgender, and
Queer (LGBTQ+) community has endured and to rejoice in the triumphs of
trailblazing individuals who have bravely fought--and continue to
fight--for full equality. Pride is both a jubilant communal celebration
of visibility and a personal celebration of self-worth and dignity. This
Pride Month, we recognize the valuable contributions of LGBTQ+
individuals across America, and we reaffirm our commitment to standing
in solidarity with LGBTQ+ Americans in their ongoing struggle against
discrimination and injustice.
The LGBTQ+ community in America has achieved remarkable progress since
Stonewall. Historic Supreme Court rulings in recent years have struck
down regressive laws, affirmed the right to marriage equality, and
secured workplace protections for LGBTQ+ individuals in every State and
Territory. The Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act broadened the definition of hate crimes to include crimes
motivated by sexual orientation or gender identity. Members of the
LGBTQ+ community now serve in nearly every level of public office--in
city halls and State capitals, Governors' mansions and the halls of the
Congress, and throughout my Administration. Nearly 14 percent of my
1,500 agency appointees identify as LGBTQ+, and I am particularly
honored by the service of Transportation Secretary Pete Buttigieg, the
first openly LGBTQ+ person to serve in the Cabinet, and Assistant Health
Secretary Dr. Rachel Levine, the first openly transgender person to be
confirmed by the Senate.
For all of our progress, there are many States in which LGBTQ+
individuals still lack protections for fundamental rights and dignity in
hospitals,
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schools, public accommodations, and other spaces. Our Nation continues
to witness a tragic spike in violence against transgender women of
color. LGBTQ+ individuals--especially youth who defy sex or gender
norms--face bullying and harassment in educational settings and are at a
disproportionate risk of self-harm and death by suicide. Some States
have chosen to actively target transgender youth through discriminatory
bills that defy our Nation's values of inclusivity and freedom for all.
Our Nation also continues to face tragic levels of violence against
transgender people, especially transgender women of color. And we are
still haunted by tragedies such as the Pulse Nightclub shooting in
Orlando. Ending violence and discrimination against the LGBTQ+ community
demands our continued focus and diligence. As President, I am committed
to defending the rights of all LGBTQ+ individuals.
My Administration is taking historic actions to finally deliver full
equality for LGBTQ+ families. On my first day in office, I signed an
Executive Order charging Federal agencies to fully enforce all Federal
laws that prohibit discrimination on the basis of gender identity or
sexual orientation. As a result, the Federal Government has taken steps
to prevent discrimination against LGBTQ+ people in employment, health
care, housing, lending, and education. I also signed an Executive Order
affirming all qualified Americans will be able to serve in the Armed
Forces of the United States--including patriotic transgender Americans
who can once again proudly and openly serve their Nation in uniform--and
a National Security Memorandum that commits to supporting LGBTQ+ Federal
employees serving overseas. My Administration is also working to promote
and protect LGBTQ+ human rights abroad. LGBTQ+ rights are human rights,
which is why my Administration has reaffirmed America's commitment to
supporting those on the front lines of the equality and democracy
movements around the world, often at great risk. We see you, we support
you, and we are inspired by your courage to accept nothing less than
full equality.
While I am proud of the progress my Administration has made in advancing
protections for the LGBTQ+ community, I will not rest until full
equality for LGBTQ+ Americans is finally achieved and codified into law.
That is why I continue to call on the Congress to pass the Equality Act,
which will ensure civil rights protections for LGBTQ+ people and
families across our country. And that is why we must recognize emerging
challenges, like the fact that many LGBTQ+ seniors, who faced
discrimination and oppression throughout their lives, are isolated and
need support and elder care.
During LGBTQ+ Pride Month, we recognize the resilience and determination
of the many individuals who are fighting to live freely and
authentically. In doing so, they are opening hearts and minds, and
laying the foundation for a more just and equitable America. This Pride
Month, we affirm our obligation to uphold the dignity of all people, and
dedicate ourselves to protecting the most vulnerable among us.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 2021 as
Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month. I call upon
the people of the United States to recognize the achievements of the
LGBTQ+ community, to celebrate the great diversity of the American
people, and to wave their flags of pride high.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10223 of June 1, 2021
National Caribbean-American Heritage Month, 2021
By the President of the United States of America
A Proclamation
America's diversity is and always has been the defining strength of our
Nation--in every generation, our society, spirit, and shared ambitions
have been refreshed by wave after wave of immigrants seeking out their
American dream. Throughout our history, Caribbean Americans have brought
vibrant cultures, languages, traditions, and values that strengthen our
country and add new chapters to our common story. In recognition of
Caribbean Americans' countless gifts and contributions to our Nation, we
celebrate National Caribbean-American Heritage Month.
Caribbean Americans have made our country more innovative and more
prosperous; they have enriched our Nation's arts and culture, our public
institutions, and our economy. I am honored to celebrate this National
Caribbean-American Heritage Month alongside Caribbean-American barrier-
breaking public servants in my Administration--including Vice President
Kamala Harris, Secretary of Homeland Security Alejandro Mayorkas,
Secretary of Education Miguel Cardona, and Domestic Policy Advisor Susan
Rice--all of whom continue to be sources of pride and inspiration for
Caribbean Americans across the country.
Caribbean-American intellects and artists like James Weldon Johnson, the
poet who gave us the anthem, Lift Every Voice and Sing; celebrated neo-
expressionist painter Jean-Michel Basquiat; and John B. Russwurm, the
first Caribbean-American editor of a U.S. newspaper, have left a lasting
impact on our country. Caribbean-American jurists like Constance Baker
Motley, the first Black woman appointed to the Federal bench, and the
Nation's first Latina Supreme Court Justice, Sonia Sotomayor, have made
innumerable contributions to the American justice system. Shirley
Chisholm, the daughter of Caribbean immigrants, blazed new trails as our
Nation's first Black Congresswoman--and the first Black woman to launch
a major-party bid for the Presidency. Public servants like Antonia
Novello, our Nation's first female Surgeon General, and Colin Powell,
our first Black Secretary of State, have followed in her footsteps,
charting new paths of their own in service to the American people.
Despite the powerful legacy of achievement of Caribbean Americans, many
members of the Caribbean-American community continue to face systemic
barriers to equity, opportunity, and justice. Systemic racism has
uniquely impacted Black and Latino immigrant communities, including
Caribbean Americans, leading to disparities in health care, education,
housing, criminal justice, and economic opportunity. My Administration
is committed to addressing those entrenched disparities--and to bringing
our Nation closer
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to its promise that all people are created equal and deserve to be
treated equally throughout their lives. That is why I have launched a
whole-of-government approach to advancing racial justice and equity.
During National Caribbean-American Heritage Month, we celebrate the
legacy and essential contributions of Caribbean Americans who have added
so much to our American fabric.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 2021 as
National Caribbean-American Heritage Month. I encourage all Americans to
join in celebrating the history, culture, and achievements of Caribbean
Americans with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10224 of June 1, 2021
National Homeownership Month, 2021
By the President of the United States of America
A Proclamation
For millions of Americans, homeownership is the cornerstone of a life
with security, with dignity, and with hope. A home is more than four
walls and a roof; it is a place where we can celebrate triumphs and
weather the trials of life. A place where we can watch our families grow
and prosper. A place that helps us build wealth we can pass down to our
children and our grandchildren.
The aspiration to own a home is connected deeply to the American dream.
It has driven generations of Americans, in search of a place to call
one's own.
Today, for people across the United States, the desire to own a home
burns as brightly as it ever has. Yet the stark reality is that, for too
many, the dream of homeownership is becoming more difficult to realize
and sustain. This is especially true in the wake of the economic
devastation inflicted by the COVID-19 pandemic.
We also know that people of color continue to face discrimination in our
housing market--when trying to secure mortgages, to have their homes
appraised, and to live in neighborhoods where their families can thrive.
In recent years, the homeownership gap between Black and white families
reached its widest point since 1968, when banks could still legally
discriminate against borrowers based on the color of their skin.
This is economically and morally wrong, and it is why, as President, I
have made it a central priority to expand stability and opportunity
within our housing market. On my first day in office, I took executive
action to extend foreclosure moratoriums for nearly 11 million
households with mortgages
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guaranteed by the Federal Government. My Administration introduced and
passed the American Rescue Plan, which will deliver nearly $10 billion
in relief for homeowners who have fallen behind on their mortgage
payments during the pandemic. And to create greater opportunities for
homeownership moving forward, we have proposed the American Jobs Plan--
which can spur the construction and rehabilitation of more than 500,000
homes for buyers of more modest means.
The Department of Housing and Urban Development will continue to advance
affordable and sustainable homeownership throughout our Nation. This
will require that we help more hardworking Americans purchase their
first homes, increase access to credit and mortgage insurance for
borrowers of color, and fully enforce the 1968 Fair Housing Act--to root
out systemic discrimination from our housing market and break down the
unjust barriers that prevent too many Americans from buying a home.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 2021 as
National Homeownership Month. I call upon the people of this Nation to
recognize the enduring value of homeownership and to recommit ourselves
to helping more Americans realize that dream.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10225 of June 1, 2021
National Immigrant Heritage Month, 2021
By the President of the United States of America
A Proclamation
America is, always has been, and always will be a Nation of immigrants.
It was the premise of our founding; it is reflected in our Constitution;
it is etched upon the Statue of Liberty--that ``from her beacon-hand
glows world-wide welcome.'' During National Immigrant Heritage Month, we
reaffirm and draw strength from that enduring identity and celebrate the
history and achievements of immigrant communities across our Nation.
Across each generation throughout our history, wave after wave of
immigrants have enriched our Nation and made us better, stronger, more
innovative, and more prosperous. The American story includes the story
of courageous families who ventured here--be it centuries ago, or just
this year--from every part of the world to seek new possibilities and
help to forge our Nation. In every era, immigrant innovators, workers,
entrepreneurs, and community leaders have fortified and defended us, fed
us and cared for us, advanced the limits of our thinking, and broken new
ground.
After an especially difficult period marked by both the COVID-19
pandemic and the all-too-frequent demonization of immigrants, it is
vital that
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our Nation reflect on the leadership, resilience, and courage shown by
generations of immigrant communities, and recommit ourselves to our
values as a welcoming Nation. We recognize all of the workers, many of
whom are immigrants, who have contributed to the food security, health,
and safety of all Americans during this challenging year--and every
year. And we honor the sacrifices made by immigrants who serve on the
front lines of the pandemic as health care providers, first responders,
teachers, grocers, farm workers, and other essential workers. It was
these same immigrant families and communities of color who were
disproportionately struck by the virus. In honor of those we've lost,
let us dedicate ourselves as a Nation to protecting one another and
doing our part to put an end to this pandemic for good.
The promise of our Nation is that every American has a fair shot and an
equal chance to get ahead, yet systemic racism and persistent barriers
have denied this promise to far too many immigrants throughout our
history and today. I have placed equity at the center of my
Administration's agenda. From day one, I promised that my Administration
would reflect the full diversity of our Nation--and today, nearly one-
third of my Administration's 1,500 political appointees are naturalized
U.S. citizens or children of immigrants.
I have directed Federal agencies to rebuild trust in our immigration
system that has been lost, to reach out to underserved communities
unable to access the opportunities our Nation offers them, to offer
again a welcoming humanitarian hand to the persecuted and oppressed, and
to reduce barriers to achieving citizenship and equality.
I am honored to serve alongside Vice President Harris, the first
daughter of immigrants to hold the Office of the Vice President, and to
work with so many dedicated public servants who are immigrants--and who
carry with them every day the legacies of their families' sacrifice and
resilience.
Despite the progress our Nation has made since our founding, there is
more work to be done to extend the full promise of America to all our
people. Nearly 11 million people in this country are undocumented--and
it is time that the Congress acts by passing the U.S. Citizenship Act of
2021, the immigration reform plan that I introduced on day one of my
Presidency. My plan would provide a pathway to lawful permanent
residency and citizenship for these undocumented immigrants, including
Dreamers, individuals with Temporary Protected Status, farm workers, and
other essential workers who contribute to our Nation every day.
Vice President Harris and I affirm that immigrants historically have
made and continue to make our Nation stronger. I urge my fellow
Americans to join us this month in celebrating immigrant heritage,
stories, and cultures.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 2021 as
National Immigrant Heritage Month. I call upon the people of the United
States to learn more about the history of immigrant communities
throughout the generations following our Nation's founding, and to
observe this month with appropriate programming and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10226 of June 1, 2021
National Ocean Month, 2021
By the President of the United States of America
A Proclamation
The world's ocean basins are critical to the success of our Nation and,
indeed, to life on Earth. The ocean powers our economy, provides food
for billions of people, supplies 50 percent of the world's oxygen,
offers recreational opportunities for us to enjoy, and regulates weather
patterns and our global climate system. During National Ocean Month, we
celebrate our stewardship of the ocean and coasts, and reaffirm our
commitment to protecting and sustaining them for current and future
generations.
My Administration is dedicated to improving our Nation's public health
by supporting resilient ocean habitats, wildlife, and resources in which
all Americans rely on. Through our ``America the Beautiful'' initiative,
we are working with State, Tribal, and local partners to conserve at
least 30 percent of United States lands and waters by 2030--so that our
natural world can continue to supply the food, clean air, and clean
water that every one of us depends on to survive. We are also committed
to supporting safe, plentiful, and sustainable seafood harvesting for
domestic consumption and export, and reducing public health risks such
as harmful algal blooms that have proliferated as a result of climate
change and the acidification of our waters.
The ocean has always been essential to our economy, and that will remain
true as we build back better and develop the clean industries and good
jobs of the future. My plan to dramatically expand offshore wind energy
over the next 10 years will provide good-paying union jobs and a
sustainable source of clean energy. Investing in resilient, reliable
coastal infrastructure--including modern ports and waterways--that can
withstand the impacts of rising seas and powerful storms will keep our
economy competitive in the global marketplace while making our families
safer. Conserving and restoring coastal wetlands and habitats will also
strengthen our efforts to tackle climate change, improve the resilience
of coastal communities, and help restore nursery areas that are
important to our fisheries. Investing in our fishing communities and
supporting local seafood supply options will also be critical to helping
us build a climate-resilient, sustainable ocean economy.
Climate change is a global challenge that is integrally linked to the
ocean. By protecting our ocean and coastal ecosystems and resources, we
are also protecting the worldwide economies and people that depend on
them. To address these challenges, we are building on our Nation's long
legacy of ocean exploration and research to gain new insights into ocean
ecosystems
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and biodiversity and ways the ocean can sequester and store carbon.
Marine life, changing ocean conditions, and plastic and other pollution
pay no attention to national boundaries. That is why we must focus on a
worldwide approach to conservation and sustainability. In collaboration
with our international partners, my Administration will continue
America's global leadership in ocean science, stewardship, and
conservation. Our engagement in international efforts, such as the
United Nations Decade of Ocean Science for Sustainable Development,
reflects the priorities and values of my Administration to ensure that
ocean science delivers greater benefits for the American people, the
people of the world, and international ocean ecosystems.
My Administration is also committed to delivering climate justice,
including ensuring equitable access to our ocean and coasts for all
Americans--and working to ensure that Indigenous Americans, Black
Americans, and other people of color are no longer forced to shoulder
disproportionate climate and environmental burdens, as they historically
have. My Administration will work hard to further break down the
barriers many communities of color face by creating new opportunities to
diversify ocean-related access and workforces. We will also equip
educators with tools to teach our Nation's youth how to become a
powerful generation of ocean stewards.
It is imperative that we take proper action now to ensure that the ocean
continues to thrive. During National Ocean Month, we recognize the
central role of a healthy ocean in sustaining all of our lives, and
pledge to find innovative ways to conserve, protect, and restore our
ocean.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 2021 as
National Ocean Month. I call upon Americans to take action to protect,
conserve, and restore our ocean and coasts.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June,
in the year of our Lord two thousand twenty-one, and of the Independence
of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10227 of June 11, 2021
Flag Day and National Flag Week, 2021
By the President of the United States of America
A Proclamation
In the midst of a revolution, less than a year after declaring our
independence, the Congress consecrated what would become an enduring
emblem of American unity by adopting a national flag on June 14, 1777.
In the 244 years since, the United States has grown and changed across
the generations--and our flag has changed in turn. The blue field of
stars has been enlarged as our Union has gained in size and strength.
The 13 stripes, symbolizing the 13 original States, have held as
constant as the bedrock
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values upon which our Nation was first conceived--the very same values
we still cherish, and still reach for, today.
Since adoption of the Stars and Stripes, Americans--and people around
the world--have continuously looked to our flag as a symbol of unity and
liberty. Our flag has sailed around the globe, and journeyed to the Moon
and, now, to Mars. It has flown on fields of battle, and marks the
resting places of those who have given what President Lincoln called
``the last full measure of devotion'' for our country. Its prominence at
civic landmarks and seats of public authority communicates the promise
of democracy--that under this flag, the rule of law is supreme and the
people reign. As we continue the sacred work of building a more perfect
Union together, let our flag serve as a reminder to us, and to the
world, that America stands for and strives for the promise of freedom,
justice, and equality for all.
To commemorate the adoption of our flag, the Congress, by joint
resolution approved August 3, 1949, as amended (63 Stat. 492),
designated June 14 of each year as ``Flag Day'' and requested that the
President issue an annual proclamation calling for its observance and
for the display of the flag of the United States on all Federal
Government buildings. The Congress also requested, by joint resolution
approved June 9, 1966, as amended (80 Stat. 194), that the President
issue annually a proclamation designating the week in which June 14
occurs as ``National Flag Week'' and calling upon all citizens of the
United States to display the flag during that week.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim June 14, 2021, as Flag Day, and the week
starting June 13, 2021, as National Flag Week. I direct the appropriate
officials to display the flag on all Federal Government buildings during
this week, and I urge all Americans to observe Flag Day and National
Flag Week by displaying the flag. I encourage the people of the United
States to observe with pride and all due ceremony those days from Flag
Day through Independence Day, set aside by the Congress (89 Stat. 211),
as a time to honor the American spirit, to celebrate our history and the
foundational values we strive to uphold, and to publicly recite the
Pledge of Allegiance to the Flag of the United States of America.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
June, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10228 of June 14, 2021
World Elder Abuse Awareness Day, 2021
By the President of the United States of America
A Proclamation
Older Americans make invaluable contributions to our families, our
communities, and our Nation every day. But for far too many, the sacred
promise of aging with dignity in America is broken by unconscionable
incidents of abuse, neglect, or exploitation. On World Elder Abuse
Awareness Day,
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Americans of all ages join the international community to raise
awareness and help bring an end to elder abuse.
Elder abuse can take many forms, including financial, emotional,
physical, or sexual abuse, as well as exploitation and neglect. Every
year, one in ten Americans aged 60 and older experiences abuse--and for
every case of elder abuse that comes to the attention of authorities, it
is estimated that 23 cases are never brought to light. Since the start
of the COVID-19 pandemic, we have also seen a chilling increase in hate
crimes targeting Asian-Americans, many of whom have been elders. These
attacks are shameful and deeply un-American.
Central to our Nation is the idea that we are all in this together, and
that as Americans we owe one another a basic duty of care. The pandemic
has both reinforced the importance of that duty and tested our capacity
to meet it--the virus has exacerbated the quiet harm of social isolation
among seniors around the world, a condition that makes abuse, neglect,
and exploitation more likely. Having lost so many cherished seniors to
this virus, we must recommit ourselves to fully including older
Americans in our communities and systems of support. We must care for
one another--and leave no one behind.
With over three-quarters of Americans 65 and over now fully vaccinated
and more progress being made every day, the future for seniors is
growing brighter and brighter. After a painful year, grandparents around
the world are hugging their grandchildren again. Vaccinated seniors who
were socially isolated are able to reengage with the broader community
again. And as we begin to build back better, we are working to ensure
that older Americans have greater opportunities to live with dignity,
safety, independence, and social connections.
My Administration is committed to fulfilling that promise. That's why
the American Rescue Plan included more than $1.4 billion in additional
funding for programs that promote community living and ensure the safety
and protection of older adults. The law also enhances the Elder Justice
Act and ensures that Adult Protective Services can be used to protect
the safety and dignity of all seniors. Additionally, the plan included
new Medicaid funding to expand access to critical home and community-
based health care services, and over $275 million for elder justice
programs that address abuse, neglect, and exploitation. The American
Jobs Plan and American Families Plan will further that progress,
building up the care infrastructure that our economy and so many
families depend on--expanding day programs for seniors, programs that
bring care workers to seniors' homes to cook meals, and programs to help
seniors get around their home safely and live more independently.
As we expand opportunities for older Americans, my Administration will
also not tolerate elder abuse or hate in any form. I have instructed
agencies across the Federal Government to do their part to combat elder
abuse and support survivors. We are working to renew and strengthen the
Violence Against Women Act, which also dedicates Federal funds to
develop a more comprehensive approach to addressing abuse and neglect in
later life, including through the funding of victim service providers,
law enforcement, and prosecutors working to prevent and respond to
domestic violence, sexual assault, and stalking experienced by older
adults, whether caused by a spouse, family member, caregiver, or others.
And this year, for the first
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time, the Federal Government has provided funding to Adult Protective
Services programs in every State and Territory to support their
critical, on-the-ground work investigating abuse and connecting victims
to resources.
During World Elder Abuse Awareness Day, we also recognize the
individuals who dedicate themselves to preventing elder abuse. All
across our Nation, caregivers work to help older adults stay connected
to their communities while preventing elder abuse and intervening if it
occurs. These unsung heroes include family members, Adult Protective
Services workers, social service providers, nonprofit victim services
organizations, long-term care ombudspersons, law enforcement officers,
judges and judicial personnel, legal professionals, health care
professionals, and financial professionals.
On World Elder Abuse Awareness Day, we stand with all older Americans,
and elderly people around the world, who are victims of elder abuse,
neglect, and financial exploitation, and we recommit ourselves to
protecting every senior's right to live their golden years with dignity
and respect.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 15, 2021, as
World Elder Abuse Awareness Day. I call upon all Americans to work for
elder justice by building inclusive communities that welcome people of
all ages and abilities; by learning the warning signs of elder abuse,
neglect, and exploitation; and by challenging age-related biases.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
June, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10229 of June 18, 2021
Juneteenth Day of Observance, 2021
By the President of the United States of America
A Proclamation
On June 19, 1865--nearly nine decades after our Nation's founding, and
more than 2 years after President Lincoln signed the Emancipation
Proclamation--enslaved Americans in Galveston, Texas, finally received
word that they were free from bondage. As those who were formerly
enslaved were recognized for the first time as citizens, Black Americans
came to commemorate Juneteenth with celebrations across the country,
building new lives and a new tradition that we honor today. In its
celebration of freedom, Juneteenth is a day that should be recognized by
all Americans. And that is why I am proud to have consecrated Juneteenth
as our newest national holiday.
Juneteenth is a day of profound weight and power.
A day in which we remember the moral stain and terrible toll of slavery
on our country--what I've long called America's original sin. A long
legacy of systemic racism, inequality, and inhumanity.
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But it is a day that also reminds us of our incredible capacity to heal,
hope, and emerge from our darkest moments with purpose and resolve.
As I said on the 100th Anniversary of the Tulsa Race Massacre, great
nations don't ignore the most painful chapters of their past. Great
nations confront them. We come to terms with them.
On Juneteenth, we recommit ourselves to the work of equity, equality,
and justice. And, we celebrate the centuries of struggle, courage, and
hope that have brought us to this time of progress and possibility. That
work has been led throughout our history by abolitionists and educators,
civil rights advocates and lawyers, courageous activists and trade
unionists, public officials, and everyday Americans who have helped make
real the ideals of our founding documents for all.
There is still more work to do. As we emerge from the long, dark winter
of the COVID-19 pandemic, for example, racial equity remains at the
heart of our efforts to vaccinate the Nation and beat the virus. We must
recognize that Black Americans, among other people of color, have
shouldered a disproportionate burden of loss--while also carrying us
through disproportionately as essential workers and health care
providers on the front lines of the crisis.
Psalm 30 proclaims that ``weeping may endure for a night, but joy cometh
in the morning.'' Juneteenth marks both the long, hard night of slavery
and discrimination, and the promise of a brighter morning to come. My
Administration is committed to building an economy--and a Nation--that
brings everyone along, and finally delivers our Nation's founding
promise to Black Americans. Together, we will lay the roots of real and
lasting justice, so that we can become the extraordinary country that
was promised to all Americans.
Juneteenth not only commemorates the past. It calls us to action today.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim June 19, 2021, as
Juneteenth Day of Observance. I call upon the people of the United
States to acknowledge and celebrate the end of the Civil War and the
emancipation of Black Americans, and commit together to eradicate
systemic racism that still undermines our founding ideals and collective
prosperity.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
June, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
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Proclamation 10230 of June 18, 2021
Father's Day, 2021
By the President of the United States of America
A Proclamation
Like so many fathers, my dad was a man of decency, honor, generosity,
and kindness. He had a profound impact on me, and instilled in me the
understanding of the basic truth that everyone is entitled to be treated
with dignity and respect. The value set my father taught me, I taught to
my children and my grandchildren. I hold his words, his wisdom, and his
influence in my heart every day and every time I sign my name as
President, Joseph R. Biden, Jr.
Father's Day is a time to recognize, appreciate, and celebrate the
fathers and father figures in our lives who lift us up on their
shoulders and shape our lives for the better. We thank the dads who have
guided, taught, coached, cared for us, and supported us through life's
trials and tribulations. And, we celebrate all that they impart:
character and perspective, lessons borne from experience, and the
sacrifices made from love.
We also know this can be a hard day for many--for those who have lost a
father, a grandfather, a stepfather, or a fatherly role model; and for
those fathers who have lost a child of their own. During the past year,
too many families lost fathers too soon because of and during this
pandemic. We think of them today and every day, and we honor their
enduring memories and legacies.
My Administration is committed to strengthening American families and
easing the burdens of caregiving, so that more fathers and mothers can
raise children while pursuing fulfilling lives and careers of their own.
The American Families Plan would provide 12 weeks of paid family leave,
so that all parents who work outside the home can spend precious time
with their newborn children or care for their children and other loved
ones when they get sick. By investing in our caregiving infrastructure,
we can help ensure that no father or mother has to choose between
putting food on the table or caring for their children. My
Administration is also committed to helping single moms and dads, many
of whom shoulder all of the parenting responsibility in their children's
lives, sacrificing greatly to ensure that their kids have the same
opportunities as everyone else.
Today, we express our appreciation for the fathers, stepfathers,
grandfathers, and father figures who enrich our character, love us
unconditionally, and give so much of themselves every day so we can live
lives worthy of their dreams and sacrifices.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, in accordance with a joint resolution of the Congress
approved April 24, 1972, as amended (36 U.S.C. 109), do hereby proclaim
June 20, 2021, as Father's Day. I direct the appropriate officials of
the Government to display the flag of the United States on all
Government buildings on this day. Let us remember our fathers, living
and deceased, and give them the honor and gratitude they deserve.
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IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
June, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10231 of June 30, 2021
50th Anniversary of the 26th Amendment
By the President of the United States of America
A Proclamation
Our Constitution recognizes that, as a Nation, we are constantly
learning. Our Founders built that recognition into its original design,
providing a mechanism to amend our Constitution as our Nation evolved.
On July 1, 1971, our Nation ratified the 26th Amendment to the
Constitution, lowering the voting age to 18. At the time, 18-, 19-, and
20-year-old Americans were fulfilling their civic duties: paying taxes,
serving in our Armed Forces, acting as first responders, laboring in
fields, factories, and service jobs across the country, and pursuing
higher education. They were participating in our democracy and all of
the responsibilities of citizenship in all ways except for one: they
could not vote. A broad coalition, following in the footsteps of the
suffragettes of the early 20th century and the civil rights activists of
the 1960s, advocated, educated, and prevailed in persuading our Nation
that those younger Americans were entitled to the right to vote. We also
made a national commitment that the right to vote would never be denied
or abridged for any adult voter based on their age.
My first race for the Senate was one of the first elections in which 18-
year-olds could vote, and the energy and passion of Delaware's young
people helped propel me to an unlikely victory.
Fifty years later, younger voters remain essential to our civic
infrastructure. They are not only voting in our elections--including at
record rates in 2020--but winning them. Younger Americans are lending
their talent and vision to school boards, city councils, and county
commissions; teenagers are serving as State legislators and mayors, and
we are the better for it.
Younger voters are not waiting to inherit the future; they are building
the future themselves. Young Americans have been on the front lines in
the fight to defend the right to vote and expand access to the ballot
box for all eligible voters. Their civic engagement extends beyond
voting--with young Americans leading the calls for racial justice,
climate action, gun violence prevention, and immigration reform among
many other issues.
Despite the progress we have made, there remain persistent gaps in
turnout between younger voters and their older counterparts. There is
still more that we can and must do to deliver on the promise of the 26th
Amendment. My Administration has made public service and civic education
a priority, engaging younger Americans in our shared struggle for
continual progress. I have directed Federal agencies to consider ways to
make it easier to vote and to learn about voting, and to focus on the
various ways that the Federal Government engages younger Americans,
online and off. Today's youth are
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more diverse than past generations--and laws aimed at suppressing voter
turnout in Black and Brown communities also impact young voters. My
Administration supports the For the People Act and the John Lewis Voting
Rights Advancement Act to protect the fundamental right to vote and make
our democracy more equitable and accessible for all Americans.
Today, we honor the bipartisan expansion of voter enfranchisement. Let
us continue our work to make the 26th Constitutional Amendment ever more
meaningful in the months and years ahead.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim July 1, 2021, as
the 50th Anniversary of the 26th Amendment. I call upon all Americans to
participate in ceremonies and activities that honor the 26th formal
modification of our national Charter, that recognize the contributions
made by voters enfranchised by its terms, and that work toward full
participation of all who are eligible to vote.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
June, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
fifth.
JOSEPH R. BIDEN, JR.
Proclamation 10232 of July 15, 2021
National Atomic Veterans Day, 2021
By the President of the United States of America
A Proclamation
On July 16, 1945, the United States detonated the world's first nuclear
device in Alamogordo, New Mexico. Better known by its code name,
``Trinity,'' the successful test of the first atomic bomb brought forth
a new age of science that changed the lives of many of those who served
in our Armed Forces, and forever altered the nature and the risks of
war. Just weeks later, the world witnessed the horrors of nuclear
destruction at Hiroshima and Nagasaki, which marked the end of World War
II but opened our eyes to the truth that a nuclear war must never be
fought.
Many brave men and women have risked their lives in service to our
Nation, but few know the story of our ``Atomic Veterans''--American
military service members who participated in nuclear tests between 1945
and 1962, served with United States military forces in or around
Hiroshima and Nagasaki through mid-1946, or were held as prisoners of
war in or near Hiroshima or Nagasaki. These veterans served at testing
sites like the Bikini Atoll and witnessed the destructive power of
nuclear weapons firsthand. On National Atomic Veterans Day, we recognize
and honor the contributions of America's Atomic Veterans for their
sacrifice and dedication to our Nation's security, and recommit to
supporting our Atomic Veterans and educating ourselves on the role these
patriots played in our national story.
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Atomic Veterans served our Nation with distinction, but their service
came at a great cost. Many developed health conditions due to radiation
exposure, yet because they were not able to discuss the nature of their
service, they were unable to seek medical care or disability
compensation from the Department of Veterans Affairs for their
illnesses. Decades later in 1996, the United States Congress repealed
the Nuclear Radiation and Secrecy Agreements Act, allowing Atomic
Veterans to tell their stories and file for benefits. By then, thousands
of Atomic Veterans had died without their families knowing the true
extent of their service.
Our Nation has one truly sacred obligation: to properly prepare and
equip our troops when we send them into harm's way, and to care for them
and their families when they return from service. As Commander in Chief,
I am committed to fulfilling our obligation to the Atomic Veterans and
their families, and ensuring that all of our Nation's veterans have
timely access to needed services, medical care, and benefits.
On this National Atomic Veterans Day, our country remembers the service
and sacrifices of Atomic Veterans. Their heroism and patriotism will
never be forgotten and we always honor their bravery and devotion to
duty.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim July 16, 2021, as
National Atomic Veterans Day. I call upon all Americans to observe this
day with appropriate ceremonies and activities that honor our Nation's
Atomic Veterans whose brave service and sacrifice played an important
role in the defense of our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
July, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10233 of July 16, 2021
Captive Nations Week, 2021
By the President of the United States of America
A Proclamation
From the founding of our Nation to today, through the crucibles of war
and the struggle of successive generations, America has strived to
uphold the ideals of freedom and democracy upon which our country was
built and expand the ability of people around the world to freely
exercise their rights. As the world's longest-standing democracy, we
carry a special responsibility to lead at home and abroad, not only by
the example of our power, but by the power of our example--to prove to
ourselves and to the world that democracy can deliver for all people.
Though much has changed in the world since President Eisenhower issued
the first Captive Nations Proclamation in 1959, its call for liberty and
opportunity still ring true. During Captive Nations Week, we recommit
ourselves to those principles
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which form the foundation of our Nation, and to amplify the voices of
courageous individuals around the world who are striving to advance the
principles of human rights, justice, and the rule of law.
Today, far too many people are subject to routine abuses of power, as
oppressive governments detain, harass, or commit acts of violence
against dissenting voices; disseminate disinformation and propaganda;
undermine democratic systems; and otherwise violate the public trust.
These abuses are not new--but they remain as stern a threat to human
rights and freedom as they have ever been.
No nation or person of conscience can ignore the voices of those crying
out for liberty. We hear Belarusians peacefully calling for democratic
elections, and the courageous people of Hong Kong demanding the autonomy
and liberty promised by Beijing under the Sino-British Joint Declaration
and Hong Kong's Basic Law. We hear millions of Uyghurs and other ethnic
and religious minorities in Xinjiang, China, who have been unjustly
interned and subject to surveillance and forced labor. We hear the
determination of those rejecting military rule in Burma, resisting
dictatorship in Venezuela, taking to streets in Cuba to demand freedom
in the face of brutal state repression, and pressing for free and fair
elections in Nicaragua--as well as the Crimean Tatars, ethnic
Ukrainians, and other ethnic and religious minorities who suffer
repression for opposing Russia's illegal occupation of Crimea.
The American creed, which defines our Nation, proclaims that all people
are created equal, and deserve to be treated equally, with dignity and
respect, throughout their lives. We stand in solidarity with the brave
human rights activists and pro-democracy advocates around the world who
risk their lives for the rights of others. We are committed to ensuring
that all those who are oppressed across the globe--including people with
disabilities, women and girls, members of the LGBTQI+ community,
indigenous populations, and racial and ethnic minorities--are heard,
respected, and protected.
During Captive Nations Week, we recommit ourselves to the timeless,
vital work of advancing freedom and justice for all.
We do that by forging a more equitable and inclusive society, by solving
problems and helping to ease the burdens people face, and by fulfilling
our role as a global leader for human rights and fundamental freedoms of
expression, association, peaceful assembly, and religion or belief.
Together with our allies and partners, we must continue to strengthen
democratic institutions, defend independent civil society and media
freedom, promote free and fair elections, protect human rights online,
insist on accountability for those who commit abuses and foster cultures
of corruption, and push back against authoritarianism around the world.
The Congress, by joint resolution approved July 17, 1959 (73 Stat. 212),
has authorized and requested the President to issue a proclamation
designating the third week of July of each year as ``Captive Nations
Week.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim July 18 through July 24, 2021, as Captive
Nations Week. I call upon all Americans to reaffirm our commitment to
championing those around the world who strive for liberty and justice
for all.
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IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
July, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10234 of July 26, 2021
Made in America Week, 2021
By the President of the United States of America
A Proclamation
Made in America Week recognizes a basic idea: when we spend taxpayer
dollars, we should buy American products and support American jobs. The
Congress passed the Buy American Act almost 90 years ago, but we have
never fully lived up to this principle.
During Made in America Week, we recognize that just as American
manufacturing was the Arsenal of Democracy in World War II, American
products and services must be part of the engine of American prosperity
today. We also reject the defeatist view that the forces of automation
and globalization mean we cannot have good-paying union jobs here in
America.
My Administration is making ``Buy American'' a policy, not just a
promise. We are closing loopholes and strengthening standards to ensure
that the future is made in all of America--by all of America's workers--
in every region, of every background, in services, manufacturing, and
agriculture.
That is why one of my first acts as President was to sign an Executive
Order to tighten existing Buy American policies, and to lay out
additional commitments to prevent big corporations and special interests
from using loopholes to redirect American taxpayer dollars to foreign
companies. And, I have named our Nation's first-ever Made in America
Director at our Office of Management and Budget.
When we Buy American, we will buy from all of America. We will include
communities that have historically been left out of Government
procurement, Black, Brown, and Native American small businesses and
entrepreneurs in every region of the country. We will use a federally
funded, national network called the Manufacturing Extension Partnership
to help government agencies connect with new domestic suppliers across
the country.
The COVID-19 pandemic demonstrated our need for greater manufacturing
capacity in areas critical to public health, information and
communications technology, and national defense.
To build our economy back better, we must have an industrial strategy
based on public investment in new technologies, including the domestic
production of clean energy goods, critical medical supplies, and the
innovative industries of the future. We must prioritize the creation of
high skill, high value jobs that empower workers and pay family-
supporting wages. We must reject short-termism, offshoring, and a race
to the bottom. That
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is why my Administration is committed to using Made in America policies
that give America's workers and companies the tools they need to compete
and lead globally for decades to come.
We will send clear market signals so that entrepreneurs make the
investments our Nation needs. We will ensure that Made in America
preferences are applied consistently and transparently. We will gather
data to reveal gaps in our industrial base, and work to close those gaps
and boost our economy's productive capacity. And we will ensure that
diversity, equity, inclusion, and accessibility are at the center of all
of these efforts.
My Administration will maximize the Federal Government's use of goods,
products, and materials produced in, and services offered in, the United
States. These purchases will maximize our efforts to empower workers and
strengthen unionization, tackle the climate crisis, and build and
rebuild critical supply chains so that we will never again have to rely
on imports from unreliable trading partners to combat threats to our
public health.
We will also reduce the need for waivers from Made in America rules by
creating incentives for private investment in domestic supply chains in
critical industries.
As we focus on ``Made in America,'' we are committed to strengthening
relationships with allies and trading partners. Resilient supply chains
must have built in redundancies--a health crisis or natural disaster in
one location must never again threaten the global economy. We must work
with our trading partners to promote equitable growth, protect workers'
rights, and advance environmental justice globally.
By using Made in America policies as one tool of many to rebuild our
industrial base and strengthen critical supply chains, we will help put
the American dream within reach for our Nation's families today, and for
generations to come.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim July 26 through
July 30, 2021, as Made in America Week. I call upon all Americans to
observe this week and to celebrate with appropriate programs,
ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
July, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10235 of July 26, 2021
National Korean War Veterans Armistice Day, 2021
By the President of the United States of America
A Proclamation
The United States and the Republic of Korea are allies with a long
history of shared sacrifice. In a call to defend freedom and democracy
abroad, 1.8 million Americans joined the fight to protect our Korean
Peninsula allies from the communist regimes in North Korea and The
People's Republic of China. In 1953, after 3 years of violent combat and
millions of casualties, an armistice was signed by representatives of
the United States, The People's Republic of China, and North Korea. The
armistice made possible the exchange of prisoners of war as well as an
opportunity to negotiate a peaceful settlement. Almost 70 years later,
that settlement still has not been reached, and the Korean Peninsula
remains divided along the 38th parallel. Yet, the Republic of Korea has
grown into a thriving, vibrant country, and the enduring relationship
between our two nations has flourished through decades of peace. Today,
we take this opportunity to honor, remember, and pay tribute to the
Korean War veterans who fought to defend those universal values and
freedoms that the people of South Korea enjoy today.
American service members, along with our United Nations counterparts,
fought through some of the most unforgiving terrain and weather
conditions on the Korean Peninsula. Through searing summer heat, bitter
winter cold, and torrential rains, our forces fought with relentless
courage, resilience, and perseverance. In the mountains, valleys, and
rice paddies, the battles fought and lives lost in Inchon, the Chosin
Reservoir, Heartbreak Ridge, and the Pusan Perimeter, we remember their
valor. Earlier this year, I had the great privilege of awarding the
Medal of Honor to Colonel Ralph Puckett, Jr., USA (Ret.), a legend in
the Army Ranger community, for his extraordinary selflessness and
heroism during the Korean War in the Battle of Hill 205. His story, and
those of all our veterans of the Korean War, remind every American the
high price of freedom.
We shall never forget the service members who made the ultimate
sacrifice. On the National Mall at the Korean War Memorial, a Wall of
Remembrance will be established to further honor and venerate the more
than 36,000 American lives lost during the war, along with more than
7,000 Korean Augmentation to the United States Army soldiers who were
killed in action. As a grateful Nation, we owe it to the families of the
fallen to memorialize, commemorate, and pay tribute to the heroes who
have given their lives for our Nation--and to uphold and honor the
democratic values for which they fought. We must also always recognize
the patriotism and service of our veterans and their families and
caregivers, and uphold our sacred obligation to provide the support they
need when they come home.
Our commitment to protecting peace on the Korean Peninsula has endured
and grown in the ensuing decades. We are immensely proud of our historic
friendship and the trust we share with the Republic of Korea. The
service and sacrifices of both our nations have left an indelible
determination to sustain peace and promote regional stability. Training
side-by-side with the Korean military, our Armed Forces abroad help keep
the watch while proudly upholding the legacy of those serving before
them. Our partnership
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remains crucial to maintaining peace and stability today, and to
expanding economic growth in a critical region of the world.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim July 27, 2021, as
National Korean War Veterans Armistice Day. I call upon all Americans to
observe this day with appropriate ceremonies and activities that honor
and give thanks to our distinguished Korean War Veterans.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
July, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10236 of July 26, 2021
Anniversary of the Americans With Disabilities Act, 2021
By the President of the United States of America
A Proclamation
Thirty-one years ago, on July 26, 1990, our Nation moved closer to the
fulfillment of its foundational promise when we passed the Americans
with Disabilities Act (ADA). This landmark law affirms and protects the
fundamental rights of people with disabilities--the right to equal
opportunity, economic self-sufficiency, independent living, and
equitable participation in every aspect of American life. For more than
three decades, the ADA has made our communities, our economy, and our
country stronger and more vibrant. It has helped to uphold the dignity
of the estimated 61 million Americans who live with a disability--in
short, it is a triumph of American civil rights.
I was enormously proud to co-sponsor the ADA, the passage of which was a
testament not only to fearless advocacy, but to bipartisan progress. A
Democratic bill signed by a Republican President, the ADA was made
possible thanks in no small part to the passion and persistence of
Senators Tom Harkin and Ted Kennedy and Congressmen Major Owens and Tony
Coelho. I will never forget the moment just after the ADA's passage,
when Senator Harkin delivered a speech in American Sign Language from
the Senate floor--a tribute to his older brother, Frank, who was deaf.
That moment was an emotional reminder for all of us of just how personal
and powerful the passage of the ADA would be for millions of American
families.
Despite the extraordinary progress we have made over the past 31 years,
the fight for equitable access and inclusion is far from over. The
COVID-19 pandemic has compounded the longstanding inequities and biases
that exist for people with disabilities; persistent discrimination and
the inability to access services continues to threaten the health and
well-being of far too many Americans. Throughout the pandemic, people
with disabilities have faced heightened risks--particularly those who
lack access to caregiver or
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support services, those who live in community homes, and the
disproportionate share of people with disabilities employed in
industries that suffered due to the pandemic. Children and students
living with disabilities have also faced an especially challenging year,
forced to navigate and adapt to online learning as the virus upended
their usual school routines.
As we work to finish the job of defeating COVID-19, my Administration is
committed to building on the legacy of the ADA. The American Rescue Plan
is providing funding to expand access to home- and community-based
services under Medicaid, which will allow more people with disabilities
to live safely and independently in their homes. My Build Back Better
agenda would build on this by making significant investments in home-
and community-based services for people with disabilities and older
Americans. It will also spur the creation of quality jobs with good pay,
good benefits, and the ability to organize and collectively bargain for
caregivers.
My Administration is also committed to advancing the rights of people
with disabilities in the workplace to support economic self-sufficiency.
I have proposed eliminating outdated provisions in the Fair Labor
Standards Act that allow employers to pay workers with disabilities less
than the minimum wage. My proposal includes funding this transition with
$2 billion to expand access to competitive, integrated employment
opportunities for workers with disabilities. In addition, I am committed
to making the Federal Government a model employer--including for people
with disabilities--to set the gold standard for how best to support
inclusion and provide appropriate accommodations. To that end, I
recently signed an Executive Order to advance diversity, equity,
inclusion, and accessibility in the Federal Workforce--a pledge to lead
by example to promote economic stability and good paying jobs for
Americans with disabilities.
Before I became President, I promised that every policy my
Administration pursued--from rebuilding our middle class, to fighting
climate change, to achieving universal health coverage--would be created
with the full inclusion and dignity of Americans with disabilities in
mind. I am proud to say that since my first day in office, my
Administration has delivered on that promise. As we celebrate the
monumental legacy of the ADA, we recommit ourselves today to upholding
and strengthening its protections--and continuing to advance equity,
dignity, access, and inclusion together with the disability community as
we build our Nation back better.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim July 26, 2021, the
Anniversary of the Americans with Disabilities Act. I encourage
Americans across our Nation to celebrate the 31st year of this civil
rights law and the many contributions of individuals with disabilities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
July, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10237 of August 6, 2021
National Health Center Week, 2021
By the President of the United States of America
A Proclamation
In 1965, our Nation launched its first community health centers to
improve the lives and well-being of Americans regardless of their
ability to pay. These health centers were a key component of President
Lyndon B. Johnson's ``Great Society'' series of policy initiatives to
eliminate poverty and racial injustice, and today serve as the bedrock
on which our public health system was built. Today, health centers are
one of the largest health care providers in the country and provide
high-quality affordable, accessible, and value-based primary health care
services to 29 million Americans each year--approximately 1 in 11 people
across the country. They have also been a vital part of our Nation's
response to the COVID-19 pandemic. Over the course of National Health
Center Week, we recognize the importance of federally-supported health
centers and the role they play as a beacon of strength, service, and
care in our communities.
Health centers integrate medical, dental, and behavioral health care
services into a single ``health home'' and consistently yield strong
patient outcomes. Health centers also play a critical role in reducing
racial and ethnic, geographic, socioeconomic, and other health
disparities in the United States. They are invaluable to ensuring that
our Nation's underserved populations, especially individuals and
families living in poverty, rural communities, and communities of color
are able to receive the care they need and deserve.
Our Nation's recovery from the COVID-19 pandemic is stronger because of
our health centers, and the tireless, dedicated health center employees
who continue to deliver critical services such as COVID-19 testing,
treatment, and prevention services on the front lines. As we ramped up
the distribution of COVID-19 vaccines over the past several months,
health centers, through the Health Center COVID-19 Vaccine Program, have
vaccinated and built vaccine confidence in millions of Americans from
hard-hit and high-risk communities. Two-thirds of individuals vaccinated
at health centers so far identify as racial and ethnic minorities.
Health centers have also offered greater flexibility during the pandemic
by expanding telehealth services to those in need.
I believe that health care in America should be a right, not a
privilege. No one should have to lay awake at night staring at the
ceiling wondering what they are going to do to get the care they need or
to pay the bills if a family member gets sick. That is why I will do
everything in my power to ensure that all Americans have access to the
quality, affordable health care they deserve--and the peace of mind it
brings.
In support of that goal, my Administration is committed to expanding
health centers and increasing access to their life-saving services. That
is why we invested more than $7.6 billion to help health centers prevent
and respond to COVID-19 and improve health care services--including over
$1 billion for major infrastructure and renovation projects at health
centers across the country through the American Rescue Plan. I am also
committed
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to doubling the Federal investment in community health centers to
further expand access to care and make strides in our pursuit of health
equity.
During National Health Center Week, we recognize the importance of
health centers and their staff who heal and strengthen our local
communities. We salute their dedication and service. As our Nation
builds back better, we commit to working together to bring about a
stronger, healthier Nation for all.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim the week of August
8 through August 14, 2021, as National Health Center Week.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10238 of August 13, 2021
National Employer Support of the Guard and Reserve Week, 2021
By the President of the United States of America
A Proclamation
Since our founding, courageous men and women have vowed to serve and
defend our country, protect our citizens, and uphold the principles of
our Constitution. The citizen Soldiers and Airmen of the National Guard,
and the Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen of the
Reserve, proudly carry on this tradition today. During National Employer
Support of the Guard and Reserve Week, we thank and celebrate the
civilian employers whose support of our National Guard and Reserve
members helps to sustain our all-volunteer force and our national spirit
of service.
National Guard and Reserve members are essential to the safety and
security of our Nation, ready to serve at home or abroad at any moment's
notice. From working on the frontlines of the COVID-19 pandemic, to
responding to storm damage and raging wildfires, to deploying overseas,
supporting peacekeeping missions abroad, and conducting multilateral
exercises with allies and partner nations, National Guard and Reserve
members put their lives on hold--away from both their families and their
civilian workplaces--to stand as a shield or a support whenever our
country is in need. When they complete their mission, National Guard and
Reserve members return to their civilian careers and fulfill their
obligation of monthly weekend drills and annual trainings--always
ensuring they are ready to answer the next call to serve.
We owe a profound gratitude to our National Guard and Reserve members,
as well as their civilian employers. In supporting their talented
employees' service to our Nation, employers of National Guard and
Reserve members directly contribute to our military readiness and our
national security. As our Guard and Reserve members navigate the
challenges that accompany
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their service, many civilian employers go above and beyond to support
our service members and their families. National Guard and Reserve
members should not have to worry about their civilian employment while
they are serving on a mission, and many employers are stepping up with
generous pay and leave policies, extension of benefits like health care
for family members, and flexibility and support for Guard and Reserve
spouses to help fulfill our sacred obligation as a Nation to always take
care of those who serve in uniform.
My Administration understands the national security imperative behind
improving the well-being of our service members and their families as
they balance the pressures of their civilian careers with the demands of
military service. Through the First Lady's work with Joining Forces, we
are committed to supporting military and veteran families, caregivers,
and survivors through economic and entrepreneurship opportunities,
support for military child education, and health and well-being
resources. Ensuring continuing economic opportunities for military and
veteran families through meaningful employment is essential, and we are
grateful for all of the employers who understand the value in hiring and
retaining National Guard and Reserve members and their spouses.
The Biden family is a National Guard family, and we are forever grateful
and in awe of those who, like our son Beau, understand that duty and
service to others is what makes us who we are as Americans. We
understand some of the unique challenges that National Guard and Reserve
members and their families face--challenges that are made smaller
because of the incredible, patriotic support of their employers. I
encourage all Americans to join me in recognizing and thanking employers
of our National Guard and Reserve members for their vast contributions
to our economy, our communities, and the success of our Nation and our
Armed Forces. I also encourage National Guard and Reserve members to
recognize their employers who have gone above and beyond in supporting
them with the Employer Support of the Guard and Reserve (ESGR), the
Department of Defense program that promotes cooperation and
understanding between civilian employers and their National Guard and
Reserve employees.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim August 15 through
August 21, 2021, as National Employer Support of the Guard and Reserve
Week. I call upon the people of the United States, State and local
officials, private organizations, and all military commanders to honor
employers of National Guard and Reserve members with appropriate
ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10239 of August 26, 2021
Women's Equality Day, 2021
By the President of the United States of America
A Proclamation
Today, we celebrate Women's Equality Day, a reminder not only of the
progress women have won through the years, but of the important work
that remains to be done. One hundred and one years ago, the ratification
of the 19th Amendment moved our Nation one essential step closer to
fulfilling its foundational promise--establishing at long last that no
American's right to vote could be denied or abridged on the basis of
gender. As we reflect on the decades-long effort to win the fight for
universal suffrage, we also remember the women of color who helped lead
the movement to ratify the 19th Amendment, whose own rights would still
be denied for years to come despite their hard-earned victory. We
celebrate their extraordinary courage and resolve, and rededicate
ourselves to the work we still have ahead of us to protect voting rights
across our country.
When the 19th Amendment was ratified, millions of women across the
country could finally make their voices heard at the ballot box. But
even with its ratification, millions were denied those rights by law or
by practice through poll taxes, literacy tests, and campaigns of
violence and terror that targeted voters of color. It took another 45
years before the Voting Rights Act secured the voting rights of millions
of Americans of color, and an additional 10 years before voting
protections would reflect the many languages Americans speak.
Through these measures and others, our country has taken major strides
to strengthen voting rights and expand access to make it easier for
Americans to exercise their sacred right to vote. These victories have
been especially vital for women, who often face increased caregiving
demands and take on a disproportionate amount of low-wage and inflexible
work--making it harder to take time off to vote in-person or wait out
longer lines at the polls. Women are also disproportionately impacted by
voter ID laws--especially married women who change their names, or those
whose IDs do not accurately reflect their gender.
Efforts to improve voting access have paid off; in 2020, we witnessed
the greatest number of votes ever cast in American history. And one
barrier that had stood for more than two centuries was finally
dismantled with the inauguration of America's first woman Vice
President, Kamala Harris.
But the struggle to ensure that every American is able to exercise their
right to vote continues, especially for women of color. In the years
prior to the 2020 election and in the months since, we have seen a wave
of shameless attacks on voting--burdening a constitutional right with
obstacles that overwhelmingly impact voters of color, low-income
communities, and people with disabilities. These tactics are nothing
new. But they are an affront to our most cherished values and rights as
a Nation.
As I have said before, some things in America should be simple and
straightforward. Perhaps the most important--the most fundamental--is
the right to vote and to vote freely. With it, anything is possible.
Without it, nothing is.
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My Administration is committed to bearing out the promise of the
suffragists, who understood that for women to attain true equality in
our country, they must have an equal place at the ballot box. As the
Vice President has said, the status of women is the status of democracy.
This is true abroad, too, where we are committed to strengthening
women's political participation and leadership around the world.
In fulfillment of my Administration's commitment to equality for all, we
are focused not only on the sacred right to vote, but on making sure
that all Americans have the opportunity to fully participate in our
society. It is long past time we pass the Equal Rights Amendment, to
enshrine the principle of gender equality in our Constitution, because
no one's rights should be denied on account of sex. On Women's Equality
Day, we recognize the unique challenges and barriers women face, and the
rights that need defending and strengthening. These rights include a
woman's constitutional right to reproductive freedom and access to
health care, regardless of zip code or income--and the right of every
woman and girl to live free from violence, whether online, in the home,
at school, or in the workplace. To ensure that women are treated fairly
in our economy and in the workforce, we are also committed to fighting
for pay equity, combating discrimination in the workplace, and passing
family-friendly policies that help women and all of us manage caregiving
and career responsibilities.
Today, as we celebrate Women's Equality Day, we recognize the pioneers
whose fight for suffrage paved the way for future generations of
leaders--and we recognize our duty to continue that fight to ensure that
our daughters can enjoy the same rights and opportunities as our sons.
Let us honor the efforts of trailblazers and barrier-breakers with
meaningful action to promote gender equality and make exercising the
right to vote more equitable and accessible for all.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim August 26, 2021,
as Women's Equality Day. I call upon the people of the United States to
celebrate and continue to build on our country's progress towards gender
equality, and to defend and strengthen the right to vote.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10240 of August 26, 2021
Honoring the Victims of the Attack in Kabul, Afghanistan
By the President of the United States of America
A Proclamation
As a mark of respect for the U.S. service members and other victims
killed in the terrorist attack on August 26, 2021, in Kabul,
Afghanistan, by the
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authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, I hereby
order that the flag of the United States shall be flown at half-staff at
the White House and upon all public buildings and grounds, at all
military posts and naval stations, and on all naval vessels of the
Federal Government in the District of Columbia and throughout the United
States and its Territories and possessions until sunset, August 30,
2021. I also direct that the flag shall be flown at half-staff for the
same length of time at all United States embassies, legations, consular
offices, and other facilities abroad, including all military facilities
and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10241 of August 27, 2021
Overdose Awareness Week, 2021
By the President of the United States of America
A Proclamation
The overdose epidemic has taken a toll on far too many Americans and
their loved ones. Addiction is a disease that touches families in every
community, including my own. The epidemic is national, but the impact is
personal. It is personal to the millions who confront substance use
disorder every day, and to the families who have lost loved ones to an
overdose.
During Overdose Awareness Week, we recommit to taking bold actions to
prevent overdoses and related deaths, and enhance our support for
individuals with substance use disorders.
In recent years, we have seen synthetic opioids, such as illicitly
manufactured fentanyl, drive many overdose deaths with cocaine- and
methamphetamine-related deaths also increasing at alarming rates. The
COVID-19 pandemic has exacerbated the overdose epidemic, as necessary
pandemic restrictions made it harder for individuals with addiction to
receive the treatment and support services they need. These factors
contributed to the more than 93,000 drug overdose deaths in 2020. As a
Nation, we need a strong response to America's overdose epidemic and an
investment in prevention, harm reduction, treatment and recovery
services, as well as strategies to reduce the supply of illicit drugs.
While drug overdose and addiction affect many different communities
across the United States, we also recognize the longstanding inequities
experienced by people of color, people who identify as LGBTQ+, formerly
incarcerated individuals, people experiencing homelessness, and others.
For too many years, these communities have faced disparate access to
health care, differential treatment in the criminal justice system, and
poorer health outcomes.
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My Administration is committed to addressing addiction and the overdose
epidemic with evidence-based strategies. In April, to ensure that the
Federal Government is promoting evidence-based public health and safety
interventions, the Office of National Drug Control Policy released my
Administration's first year drug policy priorities. These include
expanding access to prevention, treatment and harm reduction efforts,
reducing youth substance use, reducing the supply of illicit substances,
advancing recovery-ready workplaces, and expanding the addiction
workforce and access to recovery support services for all Americans. My
Administration is also committed to eliminating racial disparities in
responding to the overdose epidemic as well as reviewing the overall
approach to drug policy.
This effort requires significant investments in our health care
infrastructure. In my American Rescue Plan, we provided crucial funding
for substance use disorder treatment and harm reduction, including a
nearly $4 billion investment in our Nation's behavioral health
infrastructure. This includes $30 million for a new Substance Abuse and
Mental Health Services Administration grant program to support
community-based efforts aimed at preventing overdoses and reducing harm
associated with substance use.
We also recognize that many of our brave veterans recovering from
service injuries may be vulnerable to opioid addiction. I signed the
Dispose Unused Medications and Prescription Opioids Act to ensure that
Veterans Affairs facilities provide locations to dispose controlled
substances in a safe, secure and supportive environment.
Agencies across the Federal Government are also making significant
strides in supporting individuals with substance use disorders. The
Department of Health and Human Services continues to work on expanding
access to evidence-based treatment, including a new policy to expand
access to buprenorphine, a medication for the treatment of opioid use
disorder. The Drug Enforcement Administration also issued a new rule
that allows more opioid use disorder treatment programs to operate
mobile components to better serve rural and underserved communities.
These actions are only the beginning. My Administration will be taking
additional actions to reduce barriers to life-saving treatment and
expand access to prevention, harm reduction, and recovery support
services.
Overdose Awareness Week provides us an opportunity to recommit ourselves
to addressing this epidemic. By enhancing our support for individuals
facing substance use disorder we can save lives.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim August 29 through
September 4, 2021, as Overdose Awareness Week. I call upon citizens,
government agencies, organizations, healthcare providers, and research
institutions to raise awareness of substance use disorders to combat
stigma, to promote treatment and celebrate recovery, and to strengthen
our collective efforts to prevent overdose deaths. August 31st also
marks Overdose Awareness Day, on which our Nation mourns the lives lost
to the drug overdose epidemic.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of August, in the year of our Lord two thousand twenty-one, and of
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the Independence of the United States of America the two hundred and
forty-sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10242 of August 31, 2021
National Childhood Cancer Awareness Month, 2021
By the President of the United States of America
A Proclamation
For millions of American families--including my own--the fight against
cancer is personal. When a person you love is diagnosed with cancer, it
stops your heart and throws your world off of its axis. That fear and
heartache is only compounded when cancer strikes a child.
Across America, thousands of courageous children and adolescents
diagnosed with cancer each year are facing life-threatening struggles.
They are cared for by loving families, friends, volunteers, and health
care teams who band together to support our most vulnerable patients as
they face their cancer journey. During National Childhood Cancer
Awareness Month, we honor the young lives taken too soon, as well as the
growing number of young cancer survivors, some of whom may face serious
health challenges throughout their lifetimes. We recognize the
remarkable progress made in treatment and survivorship, and rededicate
ourselves to the development of more effective therapies so that all
children have the chance to live long and healthy lives.
Despite the extraordinary advancements medical science has made in
recent years, cancer remains the second leading cause of death in the
United States--and the leading cause of death by disease for American
children between infancy and age 15. Cancer is cruel and spares no age.
It inflicts an incalculable toll on young patients and their loved ones.
Though improvement has been made in some areas, survival rates for all
childhood cancers remain too low. A growing number of childhood cancer
survivors are experiencing longer life expectancies, but far too many
continue to face significant long-term physical, emotional, and
cognitive effects due to their cancer and treatment. As a Nation, we
must do more to better understand the causes of pediatric cancer,
improve treatment, and enhance the lifelong well-being of survivors.
When I lost my son Beau to cancer after his courageous fight, I buried a
part of my soul deep in the Earth. Too many families know that feeling
too well--at any age, it leaves a black hole in your heart. In 2016,
President Obama and I created the Cancer Moonshot Initiative to end
cancer as we know it. Now, as President, I remain committed to that
mission--and I will continue to invest in the critical research and care
needed to defeat this devastating disease. That is why I am asking the
Congress to launch the Advanced Research Projects Agency for Health--or
ARPA-H--at the National Institutes of Health, to develop breakthroughs
that prevent, detect, and treat cancer and other deadly diseases.
Our Nation is already seeing the progress of investing in pediatric
cancer research and technology. We are improving our understanding of
pediatric
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cancers that are particularly difficult to treat, and extending the
promise of immune-based treatments for children and adolescents. We are
seeing advancements in precision medicine approaches to treating
childhood cancers--including progress on understanding how tumors
respond to existing therapies. The National Cancer Institute (NCI) is
leading the Childhood Cancer Data Initiative, which brings together the
Nation's childhood cancer research, advocacy, and care communities to
ensure that we ``learn from every child'' with cancer by consistently
gathering data in a way that protects patient privacy while allowing for
rapid sharing of insights among researchers. This will enable us to
accelerate progress and deliver effective treatments and cures to more
children. Additionally, the Food and Drug Administration's Pediatric
Oncology program works with stakeholders to accelerate and support the
timely, efficient development of safe and effective new drugs and
biological products to treat cancers in children.
Many parents and family members feel terrified and overwhelmed following
a child's cancer diagnosis. To support families and pediatric
caretakers, the NCI has resources available, including online and print
materials and videos, to help families understand treatment options and
provide information to help them navigate the cancer journey. Visit
www.cancer.gov to learn more or talk to trained information specialists
with the NCI Cancer Information Service in the United States at 1-800-4-
CANCER.
My Administration is also committed to protecting childhood cancer
patients and their families through the Affordable Care Act, which
provides critical protections for individuals facing cancer, including
children. Because of the Affordable Care Act, most insurance companies
are now prohibited from limiting or denying coverage to young cancer
patients participating in clinical research studies. And children who
have recovered from cancer can no longer be denied insurance coverage
based on the fact that they have a pre-existing condition.
During National Childhood Cancer Awareness Month, we pay tribute to the
health care professionals, researchers, private philanthropies, social
support organizations, and patient advocacy groups who work together
with families across the country to provide hope and help to children
diagnosed with cancer and to develop better treatments. Together, we
will carry on their work--and build a future in which cancer no longer
threatens the lives of our Nation's children.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 2021 as
National Childhood Cancer Awareness Month. I encourage citizens,
government agencies, private businesses, nonprofit organizations, the
media, and other interested groups to increase awareness of what
Americans can do to support the fight against childhood cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10243 of August 31, 2021
National Ovarian Cancer Awareness Month, 2021
By the President of the United States of America
A Proclamation
Every year, thousands of women in the United States are diagnosed with
ovarian cancer. Like all cancers, ovarian cancer is brutal and cruel,
inflicting pain and hardship for women and their families. Like so many
families, my family and I know the pain of cancer all too well. During
National Ovarian Cancer Awareness Month, we honor the courage of those
affected by ovarian cancer and renew our commitment to fighting this
illness that takes the lives of far too many women. We also recommit to
improving and promoting early cancer detection, investing in cancer
research, and ensuring that every woman has equitable access to the care
they need and deserve.
Ovarian cancer is rare and deadly. Because there is no early ovarian
cancer screening test, many women are diagnosed with this disease at an
advanced stage. And despite ovarian cancer rates being highest among
white women, Black women are more likely to die from this disease
because of lack of access to health care, socioeconomic disparities, and
other causes still under study.
To help women understand the risk of developing ovarian cancer, the
Centers for Disease Control and Prevention (CDC) provides tools and
resources to learn about the risk factors that increase the likelihood
of being diagnosed with this disease. Risk factors for ovarian cancer
include a family history of breast or ovarian cancer. Any woman who
thinks she is at risk of ovarian cancer or who experiences persistent
symptoms, including abdominal or pelvic pain, pressure, swelling, or
bloating should talk with her health care provider. The CDC's Inside
Knowledge about Gynecologic Cancer, which includes resources for ovarian
cancer, also helps women recognize the warning signs and seek medical
care. To learn more about ovarian cancer, visit www.cancer.gov/types/
ovarian and www.cdc.gov/cancer.
The effort to eliminate ovarian cancer is taking place on all fronts,
from laboratory research on cancer prevention, screening and early
detection, diagnosis, treatment, and supportive care, to clinical
research studies, clinical trials, and public health and awareness
efforts. Through the leadership of the National Cancer Institute at the
National Institutes of Health (NIH), scientists are focused on research
to maintain and improve the quality and length of life for women with
ovarian cancer. My Administration plans to build on these efforts by
supporting investments in research and technology to develop new ways to
detect ovarian cancer early, and improve treatment strategies. To push
for these groundbreaking discoveries and innovative treatments, I have
called for the creation of an Advanced Research Projects Agency for
Health at the NIH--or ARPA-H--which would invest $6.5 billion to develop
breakthroughs that prevent, detect, and treat cancer and other deadly
diseases. I am committed to doing everything I can to end cancer as we
know it, and to bring together the human, financial, and knowledge
resources necessary to make the breakthroughs that will dramatically
advance our progress against cancer and deliver hope and health to the
world.
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My Administration is also dedicated to protecting ovarian cancer
patients through the Affordable Care Act (ACA). Because of the ACA,
insurance companies are banned from dropping a woman's coverage because
she has a pre-existing condition such as ovarian cancer. The ACA also
covers ``well-woman visits'' to a primary care physician and
gynecologist that include a full checkup, with no copayments or
deductibles. These visits focus on preventive care for women and may
help detect ovarian cancer as early as possible.
As we observe National Ovarian Cancer Awareness Month, we are united in
our goal to end ovarian cancer, and to improve the lives of all women
carrying the burden of this disease--including the lives of their
families and loved ones. We are also united in our support of the
researchers, advocates, and health care professionals who are working
tirelessly for new solutions to prevent, detect, and treat ovarian
cancer, and to improve the overall health and well-being of all women.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 2021 as
National Ovarian Cancer Awareness Month. I call upon the women of the
United States to speak with their doctors and health care providers to
learn more about ovarian cancer. I encourage citizens, government
agencies, private businesses, nonprofit organizations, the media, and
other interested groups to increase awareness of what Americans can do
to detect and treat ovarian cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10244 of August 31, 2021
National Preparedness Month, 2021
By the President of the United States of America
A Proclamation
In the past year, our Nation has faced both unpredictable and
unprecedented challenges. The 2020 hurricane season was the most active
on record. Severe winter storms and record-breaking heat waves
interrupted our power sector, and the climate crisis fueled historic
drought, water scarcity, and dangerous heat waves, which in turn have
helped supercharge the wildfires ravaging the West. All of this has come
on top of the ongoing pain and struggle of COVID-19, which has impacted
every community across the Nation. Becoming more disaster-resilient as a
country--and more prepared as a people--is essential for our continued
strength and security. During National Preparedness Month, we encourage
all Americans to take the important steps to prepare for natural and
human-made threats and to ensure that all our communities are ready for
any emergency.
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My Administration is committed to taking bold action to prepare for and
address the dangers posed by climate change. We have put the climate
crisis and the communities most vulnerable to it at the center of our
domestic and foreign policy. We are investing in weather forecasting and
climate research to strengthen our understanding of how our changing
climate is altering severe weather and drought, and we are ensuring that
every community has the resources to prepare for and respond to these
increasingly dangerous storms. We are also investing in helping
developing nations adapt and build their own resilience in the face of
climate change.
At home, we are making a once-in-a-generation investment in upgrading
our infrastructure so that it is more resilient to the challenges of
today, and we are mitigating climate change by building up an American-
made clean power economy for tomorrow. That is why I am committed to
making a historic commitment to resilience through the Bipartisan
Infrastructure Deal to upgrade and modernize our power grid, invest in
mass transit and vehicle electrification, and fund environmental
cleanup.
I am also rallying the world to join the United States in committing to
greater climate ambition. The United States has rejoined the Paris
Climate Agreement, and we are leading the charge for stronger global
action to cut greenhouse gas pollution and avert the worst impacts of
climate change while we still have the chance. The United States is
leading by example and creating good, high-paying jobs in the process by
harnessing the economic opportunities of climate action.
As we prepare for natural disasters and address the accelerating climate
crisis, we must also remain vigilant to prevent, detect, and respond to
infectious disease threats, including the COVID-19 pandemic and threats
that will arise in the future. Even as more than 174 million Americans
have been fully vaccinated--with hundreds of thousands continuing to get
vaccinated each day--the more transmissible Delta variant is spreading,
particularly among unvaccinated individuals. I continue to call on
Americans to protect themselves and those around them by getting
vaccinated. The vaccines are safe. They are effective. And together, we
can save lives.
The theme of this year's National Preparedness Month is ``Prepare to
Protect.'' During the past year, natural disasters have sent our
communities into turmoil, and we have seen the particularly devastating
toll they take on disadvantaged, low-income communities and people of
color. Beyond the physical damage done by natural disasters, these
storms also exact an emotional toll on their victims, from the pain of
losing a loved one to the pressure caused by financial setbacks.
Therefore, we must all prepare to better protect ourselves and our
communities against both immediate crises and their residual effects.
During National Preparedness Month, we also recognize the bravery and
the sacrifices of our first responders, who are our first line of
defense in so many crises. This month, as we prepare to commemorate the
20th anniversary of the horrific terrorist attacks of September 11,
2001, we honor the lives that were lost and the heroism that was
displayed by both first responders and ordinary citizens to respond, and
we reaffirm our responsibility to never forget.
This month, we must each do our part--we must all Prepare to Protect. I
call on everyone to get vaccinated, turn on emergency alerts on your
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smartphone, pack an emergency go-bag, and encourage others in your
community to do the same.
For assistance in getting prepared, visit the Federal Emergency
Management Agency's Ready campaign at www.Ready.gov or www.Listo.gov for
Spanish-speakers for free information and resources to help you and your
family ``Prepare to Protect.''
National Preparedness Month is a call to action to all parts of our
government, industrial and commercial sectors, academia, non-
governmental organizations, civic groups, religious institutions, and
families. By working together today, we can ensure that our Nation is
prepared for the natural and human-made threats of tomorrow.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 2021 as
National Preparedness Month. I encourage all Americans to recognize the
importance of preparedness and work together to enhance our resilience
and readiness.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10245 of August 31, 2021
National Prostate Cancer Awareness Month, 2021
By the President of the United States of America
A Proclamation
In 2021, over 248,500 Americans have been diagnosed with prostate
cancer. Even as we make tremendous advancements in cancer research and
treatment, prostate cancer is the second most commonly diagnosed cancer
and the second-leading cause of cancer deaths among our Nation's
fathers, sons, husbands, and brothers. Today, one in eight men in the
United States will be diagnosed with prostate cancer in his lifetime--
often without any previous signs or symptoms. During National Prostate
Cancer Awareness Month, we rededicate ourselves to supporting those
diagnosed with prostate cancer through research, education, and access
to prevention, treatment, and follow-up care and support. Together, we
can increase awareness of this cancer, and improve the care and well-
being of those impacted by this disease.
Awareness of the risk factors of prostate cancer can help men make
informed choices about their health with their primary health care
providers--especially for men over the age of 65, men who have a family
history of prostate cancer, and Black men who have a higher chance of
developing and suffering from prostate cancer. I encourage all men and
their families to learn the latest information on prostate cancer at
www.cancer.gov/types/prostate and www.cdc.gov/cancer/prostate. I also
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encourage every American to get recommended cancer screenings, check-
ups, and treatments from your health care providers. Most importantly,
talk to your doctor about your risks for developing prostate cancer.
My Administration continues to push for groundbreaking discoveries and
innovative treatments to end cancer as we know it. That is why I am
working to create an Advanced Research Projects Agency for Health at the
National Institutes of Health--or ARPA-H--which would invest 6.5 billion
dollars to develop breakthroughs that prevent, detect, and treat cancer
and other deadly diseases.
I am also committed to funding research to expand prevention and
treatment of prostate cancer specifically. Today, researchers funded by
the National Cancer Institute are working to advance our understanding
of how to prevent, detect, and treat prostate cancer. The National
Institutes of Health and partners in the private sector have launched
the largest-ever coordinated research effort to investigate
environmental and genetic factors related to prostate cancer to better
understand why it disproportionately impacts Black men. And we are
working on methods to prepare more advanced early detection tests and
clinical trials to develop and enhance treatments for all men.
My Administration will also continue to protect and fight to build on
the Affordable Care Act (ACA) and the important protections it provides
for all Americans, including for men with prostate cancer. The ACA
prohibits insurance companies from restrictive annual dollar limits on
benefits, and it prohibits insurers from denying coverage or charging
higher premiums to patients with prostate cancer--or any other pre-
existing medical condition. The ACA also helps ensure that every man
with prostate cancer receives quality health care.
Our Nation has made exceptional progress in the fight against cancer,
and I am committed to doing everything I can to bring together the
knowledge, as well as the human and financial resources necessary to
advance that progress. We owe every person who has lost their battle
with this disease, every person living with this disease, and every
person who may one day be diagnosed with it, our continued work to
defeat it. During National Prostate Cancer Awareness Month, let us renew
our efforts to save lives and spare suffering by accelerating our work
to end cancer as we know it.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 2021 as
National Prostate Cancer Awareness Month. I encourage citizens,
government agencies, private businesses, nonprofit organizations, and
other interested groups to join in activities that will increase
awareness of what Americans can do to prevent and cure prostate cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10246 of August 31, 2021
National Recovery Month, 2021
By the President of the United States of America
A Proclamation
The COVID-19 pandemic has taken an enormous toll on the lives of the
American people, especially those struggling with substance use
disorder. While many have continued on their path towards recovery, even
while facing the additional physical, emotional, and economic hardships
brought about by the pandemic, others have struggled. During National
Recovery Month, we celebrate the millions of Americans who have achieved
recovery and reaffirm our commitment to helping more Americans overcome
substance use disorder and reach recovery. We also support those who are
still struggling to achieve recovery and dedicate ourselves to
overcoming these challenges together.
This year's theme, ``Recovery is For Everyone: Every Person, Every
Family, Every Community,'' emphasizes that recovery is possible for all
Americans. My Administration honors the many pathways to recovery and
will support individuals and their families at every step along their
journey, in whatever form it takes. Everyone can support and encourage
those working toward recovery.
The work ahead includes making treatment and recovery support services
accessible to all Americans. My American Rescue Plan delivered nearly $4
billion to strengthen and expand mental health and substance use
disorder services. My Administration will also continue to work to
expand employment opportunities for people in recovery and foster the
development of recovery-ready workplace policies and cultures. Helping
those in recovery to attain economic opportunity and mobility will not
only improve their well-being but also benefit our Nation as a whole.
These investments will lay the foundation upon which more Americans--of
all backgrounds and in every community--can build and maintain long-term
recovery.
While opportunities for recovery should be available for everyone, those
with substance use disorders in racially-diverse, Tribal, rural, and
other underserved communities often lack access to the support services
that they need to receive treatment and sustain their recovery. Research
also shows that a treatment gap lingers between people of color and
their white neighbors. People of color not only have less access to
support services for addiction but are also subject to harsher penalties
when addiction leads to interaction with the criminal justice system. To
address this, my Administration launched a Government-wide approach to
advancing equity, including in our public health and criminal justice
approaches to drug policy.
When we make the appropriate support and service systems available to
everyone and embrace those seeking to rejoin and contribute to our
communities, we put sustained recovery within reach of more people. When
we welcome Americans in recovery into our schools, homes, and workplaces
with open arms, our Nation becomes stronger, healthier, and more
inclusive.
During National Recovery Month, we also honor and thank those who have
helped our Nation heal and build back better. In the face of
unprecedented
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challenges this past year, our Nation's health care providers have
delivered essential care and hope to individuals, families, and
communities in need. On the frontlines of the addiction epidemic, they
have ensured our Nation's system of care remains intact, facilitating
treatment and recovery. As always, we celebrate the resilience and
courage of the recovery community, which serves as a reminder that
recovery is possible for everyone.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 2021 as
National Recovery Month. I call upon all citizens, government agencies,
private businesses, nonprofit organizations, and other groups to take
action to promote recovery and improve the health of our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10247 of August 31, 2021
National Sickle Cell Awareness Month, 2021
By the President of the United States of America
A Proclamation
Today, 100,000 Americans live with sickle cell disease (SCD). The
genetic disease, named for the sickle-shaped red blood cells it causes,
leads to severe pain, serious infections, and organ damage. The severity
of SCD varies, with many people facing a shortened life expectancy and a
host of recurring, debilitating, and expensive health problems.
This condition also disproportionately affects Black and Brown
Americans, with an estimated 1 in 365 Black Americans and 1 in 14,000
Hispanic Americans suffering from it. As President, I am committed to
supporting those who have been hit the hardest by SCD. And during
National Sickle Cell Awareness month, our Nation reaffirms our
commitment to improving the quality of life and health outcomes for all
individuals living with SCD.
Our Nation's extraordinary medical professionals and scientists are
working tirelessly to find a cure and develop improved treatments for
SCD. Recent scientific advances have led to effective approaches for
managing SCD and preventing complications, including new drug therapies
approved by the Food and Drug Administration. And while current
treatments may not be universally effective, researchers continue to
improve existing treatments, such as bone marrow transplants that can
effectively cure SCD in some patients. The National Institutes of Health
(NIH) has continued supporting SCD research, education, and capacity
building, including the ``Cure Sickle Cell Initiative'' to accelerate
safe, effective, and scalable gene therapies to cure the disease. As a
result of the many advances and medical breakthroughs in genetic
therapies and research, we are now closer to finding a cure for all SCD
patients.
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My Administration is committed to following science, delivering
breakthroughs, eliminating health disparities facing communities of
color and other underserved communities, and promoting the health and
wellness of all Americans.
We will continue our efforts to improve the lives and livelihoods of
individuals struggling with SCD by improving access to quality health
care, collaborating with our partners in the public and private sectors,
adhering to the guidance of scientific experts and researchers, and
supporting all families affected by SCD.
This month, we celebrate the progress made in treating Americans
suffering from SCD and we stand together to improve the health of those
living with this disease.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 2021 as
National Sickle Cell Awareness Month. I call upon the people of the
United States to learn more about the progress we are making to reduce
the burden of this disease on our fellow Americans.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10248 of August 31, 2021
National Wilderness Month, 2021
By the President of the United States of America
A Proclamation
America's public lands and waters, awe-inspiring landscapes, and
cultural sites reflect a deep and abiding connection to our natural
heritage. Our lands and waters are rich with diverse plant and animal
life, and we are privileged to be able to enjoy irreplaceable national
treasures that amaze us, inspire us, fill us with pride, support our
lives and livelihoods, and belong to all of us in equal measure.
During National Wilderness Month, we affirm that our Nation's public
lands and waters must be accessible to all Americans, we recognize that
our lands and waters can revitalize the soul and solidify our respect
for the natural wonders that surround us and the earth we share, and we
recommit to their preservation and protection, today and for future
generations.
The Wilderness Act, signed into law by President Lyndon B. Johnson in
1964, opened a new chapter in American conservation by creating the
National Wilderness Preservation System. The primary goal of the act is
to preserve the places ``where the earth and its community of life are
untrammeled.'' Today, the National Wilderness Preservation System
includes more than 800 wilderness areas spanning more than 111 million
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acres. These wilderness areas are located within national forests,
parks, wildlife refuges, and conservation lands and waters. During the
COVID-19 pandemic, many Americans turned to these areas for physical
recreation, mental well-being, and inspiration, and our public lands and
waters became places of healing and sanctuary.
But our natural wonders are at risk. Now more than ever, we must come
together to combat the climate crisis and unprecedented acceleration of
species extinction, to protect and conserve our great outdoors before it
is too late. Since taking office, I have recommitted the United States
to the Paris Climate Agreement, pushed for stronger action to cut
greenhouse gas pollution, and resolved to strengthen our resilience
against rising temperatures. Additionally, my Administration's historic
``America the Beautiful'' initiative sets a national conservation goal
to invest in, conserve, connect, and restore at least 30 percent of the
Nation's lands and waters by 2030. These diverse landscapes and
waterways are vital in so many ways: they provide homes to fish and
wildlife, and hold resources that sustain our own lives, counteract the
damaging impacts of climate change, and underpin our global economy.
We also recognize that not all Americans have access to our public
lands. My Administration is committed to ensuring that all peoples and
communities have clean air and clean water, and receive the additional
physical, spiritual, and economic benefits that our great wilderness
provides. As the original stewards of these lands, Tribal Nations and
Indigenous communities have a sacred connection and deep understanding
of our Nation's wilderness areas, and the history of America's public
lands has too often involved broken promises to the Native peoples who
have lived on them since time immemorial. I am committed to working in
partnership with Tribal, State, and local partners to find solutions to
our most pressing conservation and stewardship challenges, and to
honoring the special relationship of Tribes to their ancestral sacred
lands. This work is urgent.
During National Wilderness Month, let us strengthen our connection to
the American wilderness areas, support their designation and protection,
and work to preserve the stories they tell, the memories they create,
and the heritage they reflect for all Americans for generations to come.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 2021 as
National Wilderness Month. I encourage all Americans to experience our
Nation's outdoor heritage, to recreate responsibly and to leave no
trace, to celebrate the value of preserving an enduring resource of
wilderness, and to strengthen our commitment to protecting these vital
lands and waters now and for future generations.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
August, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10249 of September 3, 2021
National Historically Black Colleges and Universities Week, 2021
By the President of the United States of America
A Proclamation
Since 1837, Historically Black Colleges and Universities (HBCUs) have
educated and prepared millions of people to lift up our Nation and make
their impact on the world. These essential institutions have been
critical engines of opportunity for generations of American families--
they are incubators of excellence, helping to shape the story of our
Nation and deliver on the promise of a more perfect Union. During
National Historically Black Colleges and Universities Week, we celebrate
the vital role that HBCUs play in molding Black leaders and ensuring
that America continues to move closer to reaching its full potential.
From Delaware State--which has always held a special place in my heart--
to more than 100 institutions across the country, HBCU graduates are the
bearers of a proud and sacred tradition. It is the tradition of the
Reverend Dr. Martin Luther King, Jr., and Thurgood Marshall, of Toni
Morrison and Langston Hughes, of Reverend Jesse Jackson and Reverend
William Barber. It is the tradition of countless scholars and advocates;
leaders of industry, arts, and sciences; and leaders of faith and
community. It is the tradition of trailblazers--including the first HBCU
graduate elected to the Vice Presidency, Kamala Harris. It is a
tradition rooted in a fundamental belief that quality education is a
right that belongs to all people--that every single American should have
a fair and equal chance to go as far as their God-given talents can take
them.
Opposition to that belief has been a stain on our Nation since its
founding. After President Lincoln signed the Emancipation Proclamation,
Black Americans were still subjected to persistent legal and social
discrimination. Laws were enacted to stifle their progress, including
laws that denied Black Americans access to the same educational
opportunities as white Americans. Across the generations since, progress
has been won. Racial segregation of public schools was struck down by
the Supreme Court in a case successfully argued by HBCU graduates. The
Civil Rights Act of 1964 prohibited discrimination in public
accommodations and federally-funded programs. Over time, hearts and
minds have been changed. For more than 180 years, HBCUs have been on the
forefront of that progress.
Still, the wound--and the reality--of systemic racism remains. We see it
in our education system, our labor force, our health care system, our
criminal justice system, and in so many other corners of our society. We
see it in the COVID-19 pandemic, which revealed and exacerbated
longstanding disparities in areas like food security, internet access,
and medical care. For Black women and girls, LGBTQ+ Black Americans, and
Black Americans with disabilities--we see it compounded with other forms
of discrimination and bias. As they have throughout their existence,
HBCUs have risen to the occasion to serve their students and communities
over the last year and a half--helping to develop breakthrough
treatments, hosting life-saving COVID-19 vaccination sites, and
nurturing movements for justice and equality.
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My Administration stands with HBCUs and is committed to the fundamental
American promise they represent: that all of us are created equal and
have a right to be treated equally throughout our lives. Too many times
throughout our history, we have allowed a narrow, cramped view of that
promise to fester--the false idea that America is a zero-sum game of
opportunity, where a person can only lift themselves up by holding
others down. It is critical that we shed that flawed way of thinking and
finally embrace what we know to be true: that when any one of us is held
back, we are all held back, and when we lift each other up, we are all
lifted up.
That idea--the defining idea of America--is why I issued an Executive
Order on my first day in office establishing a whole-of-government
approach to equity and racial justice. It is why I have built the most
diverse Cabinet in history, why I am appointing Black judges to the
Federal judiciary at an historic rate, and why we are continuing to
build an Administration that truly looks like America.
It is also why we will continue to support HBCUs in their vital mission.
Imagine how much more creative and innovative America would be if our
HBCUs had the same funding and resources as other institutions--allowing
young people from every community to compete for the jobs and industries
of the future. To help make that a reality, my Administration has
proposed approximately $239 million in new institutional aid funding for
HBCUs in the Department of Education budget for next year, including $72
million in new discretionary funding for HBCUs. In addition, my
Administration has proposed approximately $167 million in new mandatory
funding for HBCUs and to provide 2 years of subsidized tuition and
expand programs in high-demand fields at HBCUs.
I today signed an Executive Order establishing the White House
Initiative on Advancing Educational Equity, Opportunity, and Excellence
through Historically Black Colleges and Universities, which will create
a Government-wide approach to support the needs of HBCUs and the
communities they serve and eliminate systemic barriers impeding HBCU
participation in Federal programs.
This is only the beginning of our work to support HBCUs and the
remarkable students they empower and grow. This week and every week, we
will continue to celebrate and advance the historic and ongoing success
of our HBCUs--because we know that their success is America's success.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 5
through September 11, 2021, as National Historically Black Colleges and
Universities Week. I call upon educators, public officials, professional
organizations, corporations, and all Americans to observe this week with
appropriate programs, ceremonies, and activities that acknowledge the
countless contributions these institutions and their alumni have made to
our country.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10250 of September 3, 2021
Labor Day, 2021
By the President of the United States of America
A Proclamation
My father taught me from a young age that a job is about much more than
a paycheck. It is about dignity, respect, and your place in the
community. It is about being able to look your children in the eye and
assure them that things are going to be okay. When Americans go to work
each day, they are not just making a living--they are pursuing a life
with hope for the future. In doing so, they build, drive, care for, and
grow our Nation.
Hard-working Americans are the backbone of our country. As I have often
said, the middle class built America--and unions built the middle class.
Everything that supports a sustainable middle-class life was made
possible by unions, and on Labor Day we honor all those workers--and
their enduring movement--that keep our economy moving and make our
Nation strong.
I believe that every worker deserves not only a fair wage and benefits--
but freedom from discrimination, a safe and healthy workplace, and the
respect that comes with a secure retirement as well. That is why my
Administration always stands proudly with workers. It is why, in the
American Rescue Plan, we gave working people a break--helping workers
weather the pandemic, giving middle-class families raising children a
historic tax cut, and upholding the promise of a dignified retirement by
protecting the hard-earned pensions of millions of American workers and
retirees. It is also why I am committed to ensuring that all workers
have a free and fair opportunity to organize a union and bargain
collectively with their employers. This has been a guiding principle of
our Nation since union organizing was explicitly encouraged by the
National Labor Relations Act in 1935. But for far too long, that
principle has been attacked and neglected.
American workers should make their own decisions--free from coercion and
intimidation--about organizing with their co-workers to have a stronger
voice in their workplaces, their communities, and their government. That
is why I strongly support the Protecting the Right to Organize Act and
the Public Service Freedom to Negotiate Act. It is also why I created
the Task Force on Worker Organizing and Empowerment, and asked Vice
President Kamala Harris and Secretary of Labor Martin Walsh to serve as
its chair and vice chair.
After more than a year in which essential workers made extraordinary
sacrifices and carried our Nation on their backs, this Labor Day we see
more clearly than ever that we must build an economy that responds to
the needs and aspirations of working people--an economy that deals
everyone in and brings everyone along. The pandemic has also exacerbated
and revealed for all to see the places where our Nation has fallen short
of its promise to deliver equal opportunity to workers of color and
their communities. To help address that long-standing challenge, my
Administration is pursuing a comprehensive approach to advancing equity,
as illustrated in the Executive Order I signed on my first day in office
entitled Advancing Racial Equity and Support for Underserved
Communities.
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Despite the tremendous progress we have made to advance labor
protections and strengthen the voice of workers in the workplace, there
is still much more we need to do. As in every generation since Labor Day
was first celebrated in the late 19th century, there are still those who
resist Americans' efforts to build and sustain worker power--the engine
of our economic growth, the key to our long-term success, and the best
defense against corporate abuses of power in workplaces, our economy,
and our democracy. Over the years, the Labor Movement has won many
battles: establishing the 40-hour work week, integrating workplaces,
eliminating child labor, securing health and safety protections for
workers, and countless other victories. Workers and their unions
prevailed time and time again--but the work continues. We are going to
keep fighting to restore power to working families and protect the
rights of hard-working Americans and unions. That includes seizing the
golden opportunity ahead of us to make the largest investment in nearly
a century in American infrastructure, American workers, and good union
jobs through the Bipartisan Infrastructure Investment and Jobs Act.
On this Labor Day, we honor the pioneers who stood up for the dignity of
working people--leaders like C[eacute]sar Ch[aacute]vez, the Reverend
Dr. Martin Luther King, Jr., A. Phillip Randolph, John L. Lewis, Samuel
Gompers, Frances Perkins, and many more. Let us also remember the
tireless voices for working families that we have recently lost,
including my friend Richard Trumka. We must recommit ourselves to
advancing the historic progress these trailblazers made as we work to
deliver a decent life with security, respect, and dignity for all.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 6, 2021,
as Labor Day. I call upon all public officials and people of the United
States to observe this day with appropriate programs, ceremonies, and
activities that honor the energy and innovation of working Americans.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10251 of September 9, 2021
National Days of Prayer and Remembrance, 2021
By the President of the United States of America
A Proclamation
Twenty years ago, our Nation was forever changed. On September 11, 2001,
as ordinary people started their days in Manhattan, Shanksville, and
Arlington, cowardly acts born out of twisted hate stole 2,977 innocent
lives, devastating families and communities. People across the world
were shocked by the cruelty and horror of the terrorist act, even as
they were inspired by the bravery of the first responders. Two decades
have passed
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since that day of terror, yet the trauma, the pain, and the quest for
justice--both personal and collective--still haunt our memories. Planes
piercing buildings. Smoke filling skies. Towers turning to dust. The
injured fleeing to safety. The heroes rushing toward danger.
During the National Days of Prayer and Remembrance, we honor those who
lost their lives on September 11--lives that will never be forgotten. We
also commemorate the humanity and selfless sacrifice of the first
responders, service members, and ordinary citizens who banded together
to rescue survivors and build a community of support around those who
suffered unimaginable loss. Even as we continue to recover from this
tragedy, we know for certain that there is nothing that America cannot
overcome. Through sorrow, with God's help, we find strength. Through
remembrance, in God's mercy, we find healing. We move forward with
resolve, forever cherishing the memories of the souls who perished that
day.
The seeds of chaos, planted that September by those who wished to harm
us, blossomed instead into fields of hope for a brighter future. A new
generation of patriots--many of whom were just children on that bright
September morning, some of whom had not yet been born--now serve in our
Armed Forces, as law enforcement officers and firefighters, as
paramedics, in the halls of our Federal buildings, and beyond,
determined to build our country back better, safer, and more united.
During these National Days of Prayer and Remembrance, we solemnly
reflect on the freedom and tolerance that are part of our American
character. We commit to preserving the memories of our fallen loved ones
with the same tenacity with which we uphold the American values that are
the root of our strength. We pray for the victims and all those who
still mourn their loss. May the power of prayer bring comfort, and may
God bless the United States of America.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 10,
2021, through September 12, 2021, as National Days of Prayer and
Remembrance. I ask that people of the United States honor and remember
the victims of September 11, 2001, and their loved ones through prayer,
contemplation, memorial services, the visiting of memorials, the ringing
of bells, evening candlelight remembrance vigils, and other appropriate
ceremonies and activities. I invite people around the world to
participate in this commemoration. I invite the citizens of our Nation
to give thanks, in accordance with their own faiths and consciences, for
our many freedoms and blessings, and I join all people of faith in
prayers for spiritual guidance, mercy, and protection.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
[[Page 187]]
Proclamation 10252 of September 9, 2021
World Suicide Prevention Day, 2021
By the President of the United States of America
A Proclamation
Today, the United States joins the World Health Organization, the
International Association for Suicide Prevention, and nations around the
world in commemorating World Suicide Prevention Day by ``creating hope
through action.'' On this day, and every day, we remember those lives
lost to suicide. We also commit to connecting with those who are
struggling and to encouraging communities, organizations, and
governments to work together to prevent suicide.
Suicide often occurs in a moment of unbearable pain or deep despair.
Many individuals with mental health needs are overcome with a sense of
overwhelming hopelessness, and feel they have nowhere to turn.
Already, millions of Americans consider suicide, make a suicide plan, or
attempt suicide every year--especially young Americans for whom suicide
is the second leading cause of death. This number is even higher among
LGBTQ+ and Native American youth.
In 2019, suicide was the 10th leading cause of death in the United
States, and the second leading cause of death for young people between
the ages of 10 and 34. And that was before the COVID-19 pandemic
compounded, for many, feelings of isolation, exhaustion, and economic
and public health-related anxieties. Increased rates of depression have
sparked concern that we will see a further increase in suicide rates.
Too many of our Nation's veterans and active military service members
have also considered suicide or taken their own lives. In many cases,
they did not receive the mental health services they need and deserve.
In order to fulfill our Nation's one sacred obligation to care for our
troops and their families, I have made veteran suicide prevention a top
priority. Earlier this year, I was proud to sign the Sgt. Ketchum Rural
Veterans Mental Health Act of 2021 into law to provide additional mental
health care for rural veterans. In my budget, I also requested $598
million to support the Department of Veterans Affairs suicide prevention
outreach efforts.
I have proposed $180 million to fund suicide prevention programs at the
Department of Health and Human Services' Substance Abuse and Mental
Health Services Administration. This dedicated funding will support
programming that focuses on suicide prevention at every age and stage of
a person's life, as well as prevention and intervention programs through
health systems. Knowing that our Nation's youth have been especially
vulnerable to the mental health impacts of the COVID-19 pandemic, the
American Rescue Plan I signed into law also includes $20 million in
funding specifically for youth suicide prevention.
My Administration is committed to treating suicide as the public health
problem it is and helping to address the underlying risk factors for
suicide. For example, we are working to expand access to mental health
and substance use treatment. We are ensuring health insurance plans act
in accordance with the Paul Wellstone and Pete Domenici Mental Health
Parity and
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Addiction Equity Act of 2008, and cover these critical services at the
same level as physical health services.
While there is no one cause of suicide, we know there are many factors
that increase a person's risk for suicide, including the loss of a job;
serious illness; and financial, criminal, legal, and relationship
problems.
Through the American Rescue Plan and my proposed Fiscal Year 2022
budget, we are working to mitigate these risk factors. The American
Rescue Plan provided a third round of economic impact payments,
established a homeowner assistance fund, and provided emergency rental
assistance.
My Administration is also committed to addressing suicide by firearm.
Firearms are responsible for over half of all suicide deaths in the
United States. That is one of the reasons we have published model red
flag laws for States--allowing family members and law enforcement to
petition for a temporary firearms ban for individuals who present a
danger to themselves or others. When people present a danger to
themselves or others, we must reduce their access to lethal means and
ensure they have access to mental health services and supports.
If you or a loved one are thinking about suicide, please know that you
are not alone and help is available 24/7 by calling the National Suicide
Prevention Lifeline at 1-800-273-TALK or through the Crisis Text Line by
texting HOME to 741741. Next July, the new Mental Health Crisis Line 9-
8-8 will take effect. By expanding the crisis line and investing in our
Nation's crisis care infrastructure, we have the opportunity to prevent
suicides and save lives.
Today, on World Suicide Prevention Day, we remember those whom we lost
to suicide, and we reconfirm our support for the millions of Americans
who struggle with thoughts of suicide, who are suicide attempt
survivors, suicide loss survivors, and those who are working steadfastly
to prevent suicide.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 10,
2021, as World Suicide Prevention Day. I call upon all Americans,
communities, organizations, and all levels of government to join me in
creating hope through action and committing to preventing suicide across
America.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
[[Page 189]]
Proclamation 10253 of September 10, 2021
National Small Business Week, 2021
By the President of the United States of America
A Proclamation
The American entrepreneurial spirit is a defining quality of our Nation
which time and again has lifted us to new heights and carried us through
our greatest challenges. Small businesses are not only the engines of
our economic progress--they are the heart and soul of our communities.
During National Small Business Week, we celebrate our Nation's small
businesses--the pillars of their neighborhoods and towns--and all of the
people who dream them, build them, and make them run.
When the COVID-19 pandemic first struck last year, it posed a historic
challenge to America's small businesses. From coast to coast, in big
cities, small towns, rural enclaves, and Tribal communities, small
business owners and workers demonstrated remarkable courage and
resilience, adapting to sudden changes in our way of life and stepping
up to serve their communities. Across the country, small businesses
extended helping hands to their neighbors during the pandemic's darkest
hours, all while entrepreneurs and employees worked tirelessly around
the clock to keep their businesses afloat, make payroll, and ensure the
safety of their teams and customers.
Despite the determination of our Nation's small business owners and
their employees, the pandemic hit them hard. Throughout 2020, empty
storefronts and goodbye signs hanging in windows could be found on Main
Streets across the country. The pizza place that your kids loved best.
The hardware store that always had the tool you needed. The barber shop
that sponsored the local Little League team--and had the first dollar
bill it ever earned still framed on the wall. The pandemic exacted an
incalculable toll not only on lives and livelihoods, but on far too many
small business dreams and family legacies.
To ensure that these community pillars have a fighting chance to reopen
and stay open, my Administration is delivering the loans and support
that our Nation's more than 30 million small businesses and innovative
startups need. The American Rescue Plan delivered billions of dollars in
economic relief to millions of small businesses--including programs
targeted to the hardest-hit industries such as restaurants and
performing arts venues. We revamped the Paycheck Protection Program to
reach our smallest businesses, with more than 95 percent of the nearly
$300 billion in loans made during my Administration supporting small
businesses with less than 20 employees, reaching a higher share of
businesses in rural and low- or moderate-income communities than in the
previous two rounds of the program. Through our Restaurant
Revitalization Fund, we provided an essential lifeline to more than
100,000 businesses across the country, delivering $28.6 billion in
direct support. Last week, my Administration began accepting
applications for an improved COVID-19 Economic Injury Disaster Loan
program, which will put more than $150 billion in funding to work
offering long-term, low-interest loans that small businesses can use to
retain workers, make rent, and pay down more expensive debt. In the
American Rescue Plan, we established the Community Navigator Pilot
program to create
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a network of trusted organizations, local governments, and community
champions to help underserved small businesses navigate resources at all
stages of their growth.
We have also fully vaccinated more than 64 percent of adult Americans,
so that more small businesses can reopen their doors and welcome back
their customers. My Administration created a tax credit to help small
businesses--which employ nearly half of America's private workforce--
give their employees paid time off to get vaccinated and recover.
My Administration is also committed to nurturing small businesses that
have faced historic barriers in rural and urban America, including
businesses owned by veterans, women, and people of color--especially
Black, Latino, and Asian American businesses. These entrepreneurs
continue to face persistent barriers to the capital, markets, and
networks they need to start and grow their businesses, and many were
left out of early rounds of relief in the earlier days of the pandemic.
To help ensure that small businesses in every community benefit from the
Build Back Better agenda's landmark investments in our infrastructure,
we are strengthening our contracting programs for underserved small
businesses. As part of this effort, I announced a Government-wide goal
to grow Federal contracting with small, disadvantaged businesses by 50
percent, translating into an additional $100 billion over 5 years. By
ensuring that more disadvantaged small businesses can compete for and
win Federal contracts, we can boost job opportunities and economic
prosperity in every corner of America.
Our Nation's small businesses define our communities, drive innovation,
and create the products and services that enrich our lives and solve
global problems to build a better and more sustainable world. By
harnessing the power of our small business economy and equipping our
entrepreneurs with the tools and resources they need to innovate, adapt,
and grow, our economy will continue to build back better than ever
before. America's small businesses are up to the task.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 12 to
September 18 as National Small Business Week. I call upon all Americans
to recognize the contributions of small businesses to the American
economy, continue supporting them, and honor the occasion with programs
and activities that highlight these important businesses.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
[[Page 191]]
Proclamation 10254 of September 10, 2021
Patriot Day and National Day of Service and Remembrance, 2021
By the President of the United States of America
A Proclamation
Twenty years ago, the United States endured one of the most
unconscionable tragedies in our country's history. The cowardly
terrorist attacks on the World Trade Center, the Pentagon, and onboard
United Flight 93 cut short the lives of 2,977 innocent people. These
attacks tore a hole in the heart of our Nation, and the pain of this
tragedy still remains. Each year on this somber date, we remember the
horror and bravery shown that day, just as we remember how we came
together, united in grief and in purpose. Each year, we renew our solemn
vow to never forget what happened on September 11, 2001, or those who
lost their lives.
On Patriot Day and National Day of Service and Remembrance, we honor
every life that was taken too soon. We honor the first responders--
firefighters, law enforcement officers, emergency workers, and service
members--who answered the call of duty, and the brave civilians who
rushed into action to save lives that day. Their courage embodies the
American spirit and resilience, and their heroism continues to inspire
new generations of Americans.
My mother used to say that ``courage lies in every heart, and one day it
will be summoned.'' It was summoned and shown by those who responded to
the events on 9/11. First responders, emergency workers, and civilians
ran to where the devastation was the greatest, where death came in an
instant but where there were survivors to be found; a determined group
of heroes onboard United Flight 93 sacrificed their lives to save the
lives of others--in every case, Americans faced the unimaginable with
resolve and courage. Today and every day, we draw hope from the strength
and selflessness of those who stepped up to serve their fellow man and
our Nation on that tragic day.
We also remember the patriotism and valor of our service members who
pursued our attackers, delivered justice to Osama bin Laden, and
degraded al-Qa'ida. We will keep our sacred obligation to care for our
service members and veterans who served in Afghanistan over the last 20
years, as well as their families, caregivers, and survivors.
Over the last two decades the American people have demonstrated that the
harder the circumstances, the more resilient and stronger we become. Our
shared love of country and our shared values--regardless of race,
gender, religion, origin, or economic status--unite us as Americans
against all enemies, foreign and domestic.
Today, on this Patriot Day and National Day of Service and Remembrance,
we move forward as one Nation, united by our common goal of liberty and
justice for all. We remember those killed on September 11, 2001, and
honor them through acts of service. I encourage all Americans to visit
americorps.gov/911-day to learn about and seek opportunities to serve
others on this day and to demonstrate once again that the ideals we
hold,
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which many have tried to attack and destroy, are the very bonds that
hold us together--even tighter in times of peril.
By a joint resolution approved December 18, 2001 (Public Law 107-89),
the Congress has designated September 11 of each year as ``Patriot
Day,'' and by Public Law 111-13, approved April 21, 2009, the Congress
has requested the observance of September 11 as an annually recognized
``National Day of Service and Remembrance.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim September 11, 2021, as Patriot Day and
National Day of Service and Remembrance. I call upon all departments,
agencies, and instrumentalities of the United States to display the flag
of the United States at half-staff on Patriot Day and National Day of
Service and Remembrance in honor of the individuals who lost their lives
on September 11, 2001. I invite the Governors of the United States and
its Territories and interested organizations and individuals to join in
this observance. I call upon the people of the United States to
participate in community service in honor of those our Nation lost, to
observe this day with appropriate ceremonies and activities, including
remembrance services, and to observe a moment of silence beginning at
8:46 a.m. eastern daylight time to honor the innocent victims who
perished as a result of the terrorist attacks on September 11, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10255 of September 10, 2021
National Grandparents Day, 2021
By the President of the United States of America
A Proclamation
On National Grandparents Day, we celebrate the important role
grandparents play in providing love, wisdom, and strength to their
families, and fostering greater understanding across generations.
Grandmas and grandpas, abuelas y abuelos, nanas and pop-pops--through
their wisdom, their perseverance, and their unconditional love--
strengthen our family bonds. They share with us who we are, where we
come from, and the experiences that have shaped their lives, and, in
many cases, shaped our Nation.
For Jill and me, there is no greater joy than spending time with our own
grandchildren. They are the love of our lives, and the life of our love.
The COVID-19 pandemic has been particularly devastating to seniors, and
too many families have lost grandparents to the virus. We mourn them as
a Nation. To honor the memory of those we have lost and protect those
most vulnerable, we mobilized an historic vaccination effort. Already,
we have fully vaccinated over 82 percent of all seniors and over 64
percent
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of all adults--allowing grandparents and their loved ones to get back
together safely.
During the worst of COVID-19, we saw the bonds of love that grandparents
share with their families remain strong. While the virus denied many
grandparents the opportunity to hug their grandchildren, we saw families
visiting grandparents outside a window, waving from a safe distance,
participating in car parades, or making video calls to stay connected.
Grandparents and grandchildren were resilient and creative--sharing
recitals, sporting events, graduations, and other important family
milestones remotely. Physically apart, we remained bonded by love,
faith, and the uniquely American spirit. As we continue our fight
against the virus, we are once again able to enjoy the in person warmth
and care of our grandparents, and they can enjoy precious time with
their children and grandchildren.
For many families, grandparents are the caregivers who provide trusted
support to parents and children alike. They care for grandchildren while
their parents are at work, pick up grandchildren from school and
activities, and provide advice and comfort when needed most. In
increasing numbers, grandparents have become primary caregivers when
parents cannot care for their children. They sacrifice their own
retirement plans, and often strain their own health and financial
stability, to ensure their grandchildren continue to grow and learn
within the warm embrace of a loving family.
In 2018, the Congress enacted the Supporting Grandparents Raising
Grandchildren Act, which established an Advisory Council to Support
Grandparents Raising Grandchildren. By the end of this year, the Council
will release their first report to the Congress, including
recommendations intended to advance change and improve support programs
for grandparent and kinship families of all ages.
My Administration looks forward to the release of this report so that we
can use it as a guide to improve the livelihoods of grandparents and
other older relative caregivers. As President, I am committed to
identifying unmet needs, highlighting systemic gaps, and providing
recommendations on how we can work together to improve the lives of
grandparents and the children they support.
Thanks to our whole-of-government response, heroic frontline workers,
world-class scientists, and millions of Americans getting vaccinated,
many of us are able to hug our grandparents, and gather around a table
once again. We still have more work to do, but we have learned to never
take time together for granted. If everyone does their part in getting
vaccinated--we will continue to create new, joyful memories. We are
grateful for the blessing of that opportunity, and we hope every family
will cherish their grandparents today and every day.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 12,
2021, as National Grandparents Day. I call upon all Americans to
celebrate the important role that grandparents play in the lives of
their families and the children they love.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
September, in the year of our Lord two thousand twenty-one, and of the
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Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10256 of September 13, 2021
National Hispanic-Serving Institutions Week, 2021
By the President of the United States of America
A Proclamation
Today, more than a quarter of American schoolchildren are Hispanic--and
the proportion of Hispanic Americans in our workforce is projected to
grow substantially over the next 10 years. The educational success of
Hispanic Americans is vital to the future of our entire country; how we
as a Nation nurture that success will define our strength and stability,
our shared prosperity, and our competitiveness on the world stage for
generations to come.
For decades, Hispanic-Serving Institutions (HSIs) have played a key role
in preparing Hispanic American scholars, artists, researchers,
scientists, educators, and other leaders who make our communities and
our Nation stronger, more resilient, and more equitable. HSIs advance
the foundational American ideals of equity and justice by preparing
graduates to contribute their God-given talents and help solve some of
the greatest challenges facing our Nation and our world.
To do this, HSIs are on the cutting edge, equipping students with the
knowledge and skills they need to compete in the 21st century economy
and carve out their place in the middle class. In industry after
industry, HSIs empower the next generation of Hispanic American
leaders--while also celebrating and nourishing the diverse linguistic
and cultural backgrounds that make up the broader Hispanic community.
This work is essential to both the character and the economy of our
Nation. Over the last 18 months, Hispanic Americans in every community
have helped carry us through the COVID-19 pandemic and spark an historic
economic recovery--as doctors and nurses, teachers and first responders,
essential workers who keep our country going, and in countless other
roles. Hispanic Americans are core to our national fabric, and HSIs are
a critical resource in empowering and enriching Hispanic students and
our Nation.
Beyond academic and professional preparation, HSIs also positively
impact their communities. I am especially grateful for the leadership of
HSIs in safeguarding the rights and dignity of Dreamers and first-
generation college students across our Nation. It is my fervent hope
that the Congress will provide security to all Dreamers. These young
people represent America's strength--and our greatest aspirations. We
cannot let them down.
Since I took office, my Administration has worked to support the health,
education, equity, and economic well-being of Hispanic Americans. In my
first week as President, I signed an Executive Order establishing a
whole-of-government approach to advancing equity and racial justice.
Additionally, my Administration moved swiftly to provide COVID relief to
HSIs, families, and small businesses through the American Rescue Plan--a
law
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which on its own is projected to cut Hispanic poverty in America this
year by 43 percent. We have also reestablished the White House
Initiative on Advancing Educational Equity, Excellence, and Economic
Opportunity for Hispanics. We still have a lot of work ahead of us, but
I am proud of the historic investments that my Administration has made
to lift up Hispanic Americans--and we will continue to fight for the
rights, dignity, and success of Hispanic Americans every day.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 12
through September 18, 2021, as National Hispanic-Serving Institutions
Week. I call on public officials, educators, and all the people of the
United States to observe this week with appropriate programs,
ceremonies, and activities that acknowledge the many ways these
institutions and their graduates contribute to our country.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10257 of September 14, 2021
National Hispanic Heritage Month, 2021
By the President of the United States of America
A Proclamation
During National Hispanic Heritage Month, we recognize that Hispanic
heritage is American heritage. We see it in every aspect of our national
life: on our television and movie screens, in the music that moves our
feet, and in the foods we enjoy. We benefit from the many contributions
of Hispanic scientists working in labs across the country to help us
fight COVID-19 and the doctors and the nurses on the front lines caring
for people's health. Our Nation is represented by Hispanic diplomats who
share our values in countries all over the world and strengthened by
military members and their families who serve and sacrifice for the
United States. Our communities are represented by Hispanic elected
officials, and our children are taught by Hispanic teachers. Our future
will be shaped by Hispanic engineers who are working to develop new
technology that will help us grasp our clean energy future and by the
skilled union workers who are going to build it.
National Hispanic Heritage Month is an important reminder of how much
strength we draw as a Nation from our immigrant roots and our values as
a Nation of immigrants. I am proud to recognize my four Hispanic Cabinet
Secretaries--Secretary of Health and Human Services Xavier Becerra,
Secretary of Homeland Security Alejandro Mayorkas, Secretary of
Education Miguel Cardona and Small Business Administrator Isabel
Guzman--who are all leading executive departments that oversee critical
components of American life. My Administration is focused on making
equity a priority
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and ensuring that Hispanics are front and center in our efforts to
improve the lives of working families across the country.
During National Hispanic Heritage Month, we also recognize that America
cannot succeed unless Hispanic families and communities succeed, sharing
equally in the benefits of our recovery and our investments. My American
Rescue Plan provided much-needed relief to the Hispanic community during
the pandemic. Additional Paycheck Protection Program funding for small
businesses and rental assistance has helped families stay in their
homes, and the child tax credit is helping lift Hispanic children out of
poverty.
A critical key to building back better is ensuring that Hispanic
communities also benefit from investments in roads, clean water, and
broadband as well as access to early education and other resources that
support working families and improve educational outcomes. We must also
continue the fight to protect the sacred right to vote and provide a
pathway to citizenship for undocumented Hispanics--especially Dreamers,
Temporary Protected Status holders, farmworkers, and essential workers--
through desperately needed immigration reform. Creating a pathway to
citizenship is a top priority for my Administration not only because
this benefits our Nation's economy but also because it is the right
thing to do.
As we honor and celebrate the contributions of Hispanics to our Nation,
we also reaffirm our commitment to extending the hand of friendship to
Latin America and strengthening democracy in the region. My
Administration has sent over 5 million doses of the COVID-19 vaccine to
Mexico with millions more on the way. We have donated over 33 million
doses of the vaccine to 21 other countries in Latin America. This
included the first doses of the vaccine to reach Haiti, carried there by
the United States Coast Guard. This vaccine will help protect Haiti's
first responders and health care workers.
In recognition of the achievements of Hispanics, the Congress, by Public
Law 100-402, as amended, has authorized and requested the President to
issue annually a proclamation designating September 15 through October
15 as ``National Hispanic Heritage Month.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 15
through October 15, 2021, as National Hispanic Heritage Month. I call
upon public officials, educators, librarians, and all Americans to
observe this month with appropriate ceremonies, activities, and
programs.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10258 of September 16, 2021
Constitution Day and Citizenship Day, and Constitution Week, 2021
By the President of the United States of America
A Proclamation
For 234 years, America's Constitution has guided our growth, shaped our
progress, and defined us as a Nation of sacred laws and fundamental
values. When our democracy is tested, we draw strength from the
Constitution to see us through. When we look ahead in our uniquely
American way--restless, bold, and optimistic--our Constitution is the
bedrock we build upon to make our Nation more equal, more just, and more
prosperous for all our people.
American democracy requires our constant care, vigilance, and full
participation to determine the course and conscience of our Union. As
President, I swore an oath to preserve, protect, and defend the
Constitution, and I will continue to work tirelessly to ensure that we
uphold and strengthen this remarkable system of self-government for
future generations ready to put their own shoulders to the wheel.
The Framers of the Constitution understood the extraordinary promise of
a democratic system of government--a Nation that could be made a ``more
perfect Union'' by each passing generation to come. They laid out a set
of basic principles and equipped the American people with all that was
necessary to meet the changing needs and values of our country through
the years.
For more than two centuries, women and men have struggled and strived to
make good on the promise of our founding document and to expand the
promise of America by amending our Constitution in accordance with our
growth and progress as a Nation--just as the Framers envisioned they
would. Through Civil War, the fight for universal suffrage, and the
heroic non-violent resistance of the Civil Rights Movement--from Seneca
Falls to Selma and countless acts of civic bravery beyond--courageous
Americans have fought, sacrificed, and changed hearts and minds to
deliver the full breadth of human dignity to which our Constitution
aspires. Fully realizing these ideals and attaining justice for all
remains an urgent and enduring imperative.
Today, we are in the midst of grave attempts to suppress and subvert the
right to vote in free and fair elections--the most sacred right in our
democracy and the very heart of our Constitution. We must continue to
rebuff these threats to ensure that American democracy remains healthy
and strong. My Administration is pursuing an all-of-government effort to
protect and expand the fundamental right to vote and make our democracy
more equitable and accessible for all Americans.
I have often said that America is the only Nation founded on an idea.
Though we have never fully lived up to it, we have never walked away
from it. We have never stopped striving to fulfill the founding promise
of our Nation--that all of us are created equal and deserve to be
treated equally throughout our lives. My Administration is committed to
bringing us closer to the fulfillment of that promise.
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To honor the timeless principles enshrined in our Constitution, the
Congress has, by joint resolution of February 29, 1952 (36 U.S.C. 106),
designated September 17 as ``Constitution Day and Citizenship Day'' and
authorized the President to issue a proclamation calling on United
States officials to display the flag of the United States on all
Government buildings on that day. By joint resolution of August 2, 1956
(36 U.S.C. 108), the Congress further requested that the President
proclaim the week beginning September 17 and ending September 23 of each
year as ``Constitution Week.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 17,
2021, as Constitution Day and Citizenship Day, and September 17, 2021,
through September 23, 2021, as Constitution Week. On this day and during
this week, we celebrate our Constitution and the rights of citizenship
that together we enjoy as the people of this proud Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10259 of September 16, 2021
National POW/MIA Recognition Day, 2021
By the President of the United States of America
A Proclamation
When service members take an oath to defend the Constitution of the
United States, they do so knowing that they may be called upon to make
great sacrifices to ensure and sustain our shared values. These patriots
accept those risks and rush to fulfill the mission, no matter how harsh
or dangerous the conditions. They embody the best of the American
spirit. For the families and friends who wait at home, anxious for news
of their loved ones, these sacrifices can cause great pain. For the
families of the more than 81,600 service members who remain missing in
action--the pain and grief is compounded by a lack of closure, and the
hope that their sons and daughters, sisters and brothers, parents, and
grandparents will one day return home.
On National POW/MIA Recognition Day, we remember the debt we owe to them
and to their families. We pay tribute to our former prisoners of war and
recommit to the difficult but essential task of seeking out answers for
the families of those still missing. We will always remember and honor
our Nation's prisoners of war and those still missing in action, and
keep faith with our promise as a Nation to bring all of our heroes home.
Every day, the iconic black and white flag--a powerful symbol in
recognition of the heroism and sacrifice of American POWs and MIAs--is
flown above the White House. It is a mark of reverence and of solidarity
with all those who await answers. Each day, this flag flies over
memorials and
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cemeteries, on military installations, at local post offices, and on the
front lawns of homes across the Nation. This flag remains a symbol of
America's commitment to honor the sacrifices of all those who serve.
My Administration is committed to recovering and identifying Americans
missing from prior conflicts. Our efforts are global, and we are
thankful for the continued cooperation of all partner nations who
advance these humanitarian efforts on behalf of American families. Loss
and grief are hard enough without the added and too often prolonged pain
of uncertainty. But this much is certain: the United States will never
abandon the search for our service members missing and unaccounted for
in overseas wars. They will never be forgotten.
During National POW/MIA Recognition Day, our Nation conveys eternal
gratitude to those who endured enemy captivity and those who made the
supreme sacrifice and have yet to return home. We will stand with these
heroes, who gave their all to protect and preserve our freedoms, and
their families, who have kept the faith and longingly pursued answers
across these many decades.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 17,
2021, as National POW/MIA Recognition Day. Along with my fellow
Americans, I salute our former POWs who overcame unspeakable indignities
to return home with honor. For those who made the ultimate sacrifice and
never came home, America will work tirelessly to provide their families
and our Nation the fullest possible measure of accounting. I urge all
Americans to observe this day of honor and remembrance with appropriate
ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10260 of September 17, 2021
Minority Enterprise Development Week, 2021
By the President of the United States of America
A Proclamation
For many families, a business is more than a job--it is the fulfillment
of a dream: a better life, a family legacy, a place in the community.
Minority businesses in particular are the heart and soul of so many
communities across our Nation. From Wall Street to Main Street, over 9.2
million minority business enterprises (MBEs) support jobs and generate
more than $1.8 trillion for our economy every year. During Minority
Enterprise Development Week, our Nation recognizes the importance of
minority-owned businesses and the impact they have on every community.
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Even as the COVID-19 pandemic continues to test America's businesses
like few events in our Nation's history, MBEs and minority business
owners have shown remarkable resilience, working around the clock and
adapting to changes to keep their businesses running and their employees
safely working. Despite these efforts, minority-owned businesses have
been disproportionately hard-hit, with many forced to shut down because
of revenue losses and many more hanging on by a thread.
My Administration is committed to supporting minority entrepreneurs and
minority-owned businesses. On my first day in office, I signed an
Executive Order directing the entire Federal Government to advance
equity for underserved communities across our Nation, specifically with
respect to Federal procurement. In order to help our struggling
businesses during the darkest moments of the pandemic, my Administration
revamped the Paycheck Protection Program to provide greater access to
small businesses, including minority-owned businesses.
Because the Federal Government is the Nation's largest buyer, purchasing
$600 billion of goods and services each year, and because these
purchases not only meet our Nation's needs but also supply economic
opportunity, I recently announced a new goal to increase the share of
contracts awarded to small disadvantaged businesses by 50 percent over
the next 5 years. Additionally, my Bipartisan Infrastructure Deal will
expand the authority and stature of the Minority Business Development
Agency within the Department of Commerce so that it can continue to
break barriers, blaze new trails, and eliminate the unique challenges
minority-owned businesses face in accessing capital, contracts, and
market avenues to success.
During Minority Enterprise Development Week, we recognize that our
Nation and our economy are stronger because of the hardworking men and
women who comprise America's minority business community. They
consistently demonstrate the courage it takes to overcome adversity,
seize opportunity, and contribute to our shared prosperity.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 19,
2021, through September 25, 2021, as Minority Enterprise Development
Week. I call upon the people of the United States to acknowledge and
celebrate the achievements and contributions of minority business
entrepreneurs and enterprises and commit together to promote systemic
economic equality.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10261 of September 17, 2021
National Farm Safety and Health Week, 2021
By the President of the United States of America
A Proclamation
In every generation, America's farmers, ranchers, and farmworkers have
fed and fueled our Nation, nurturing the strength and health of our
people, our communities, and our economy. Since 1944, we have celebrated
these critical workers during National Farm Safety and Health Week--a
time for all of us to recommit ourselves to advancing the safety and
well-being of all hardworking farm and ranch workers.
The contributions of farmers, ranchers, and farmworkers have always been
essential, but they have perhaps never been more evident than during the
COVID-19 pandemic. The pandemic has taken an incalculable toll on our
Nation's farms and farming communities, with high rates of infections
and illnesses affecting nearly every facet of our agricultural system.
Beyond the unique challenges posed by the pandemic, the agriculture
sector has always been both physically and mentally demanding, and it
remains one of the most dangerous industries in America.
Despite these challenges, our dedicated farmers, ranchers, and
farmworkers have continued to work around the clock, putting their lives
and the lives of their loved ones on the line to ensure that families
across the country have food on the table. Their sacrifices are
commendable, but they should not have to risk injury, illness, or death
to do their jobs. Our Nation has a duty to protect agricultural workers
and promote safety education for farmers and farm families. We must
continue to reduce the risks of accidents, injuries, and fatalities--
including those on rural roadways involving tractors and other
machinery--as well as the health risks associated with prolonged
exposure to fertilizers and chemical agents. We must continue to get
Americans vaccinated, so that our brave farmers, ranchers, and
farmworkers can go to work free from the deadly threat of COVID-19.
American farmworkers are the best in the world, and they have always
faced the challenges of the job head-on. Their success is our Nation's
success, and we must support them and their well-being as they feed the
world, lift up their local communities, and contribute to the prosperity
and possibilities of rural America and beyond. My Administration is
committed to ensuring that every farmer, rancher, and farmworker can
work in a safe and healthy environment. By having their backs, our
Nation will continue to lead the world in agricultural production and
innovation and ensure that our food supply is secure and our economy is
strong.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 19
through September 25, 2021, as National Farm Safety and Health Week. I
call upon the people of the United States, including America's farmers
and ranchers and agriculture-related institutions, organizations, and
businesses to reaffirm a dedication to farm safety and health. I also
urge all Americans to honor the historic and ongoing contributions of
our agricultural sector and express appreciation and gratitude to our
farmers and ranchers for their vital contributions and tireless service
to our Nation.
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IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10262 of September 24, 2021
National Hunting and Fishing Day, 2021
By the President of the United States of America
A Proclamation
On National Hunting and Fishing Day, we celebrate the time-honored
traditions of hunting and fishing and their role in providing people of
all ages and backgrounds the opportunity to enjoy the great American
outdoors. From the earliest days of our Nation, hunting and fishing have
instilled respect for our long-cherished natural resources and American
ethic of conservation. Passed on through generations, these beloved
pastimes bring families, friends, and neighbors together to bond in the
spirit of sportsmanship, cultivate respect for our lands, waters, and
wildlife, and provide peaceful sanctuary amid our Nation's natural
wonders.
During the COVID-19 pandemic, hunting and fishing have been especially
critical in providing a recreational reprieve for many Americans from
the stressors of these difficult times. When entertainment venues,
stadiums, gyms, and local businesses were closed, hunting and fishing
afforded many Americans the opportunity to commune with nature and find
some semblance of normalcy. The majestic public lands and waters of our
country--and our responsibility to serve as good stewards of the natural
resources we have been blessed with--are even more appreciated by those
who took to the great outdoors as an outlet during the pandemic. It is
one of the reasons the Department of the Interior recently announced the
largest expansion of hunting, fishing, and outdoor recreation
opportunities on public lands in recent history.
Ensuring that public lands are available to every American for
activities like hunting and fishing is central to my Administration's
``America the Beautiful'' initiative--an ambitious goal to pursue a
locally-led and national, voluntary effort to conserve, connect, and
restore 30 percent of our lands and waters, by 2030. We will continue to
carry out this program together with agricultural and forest landowners;
anglers, hunters, and outdoor enthusiasts; Tribal Nations, States, and
territories; local officials; and other important partners and
stakeholders in order to identify conservation strategies that reflect
the priorities of all communities. This initiative is only a starting
point in our efforts to protect our environment and conserve our
resources for future generations. We will continue to rely on America's
sportswomen and men to pass on their love and respect for our lands,
waters, and wildlife to our children and grandchildren.
Hunting and fishing also play a large role in funding conservation
efforts, for example through fishing licenses and Duck Stamps--works of
art that
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for nearly a century have helped protect habitats for birds and other
wildlife. These activities also fuel economic prosperity--especially in
rural communities--with more than 50 million Americans hunting and
fishing every year, creating over $200 billion in economic activity and
supporting over 1.5 million jobs. The continuation of these time-honored
traditions will ensure that our lands and waters receive the care and
funding they need to stay accessible and magnificent for all Americans.
Whether fulfilling a family tradition on opening day of hunting season
or a new angler catching their first trout on a restored river, we will
ensure that future generations have the same opportunities to take part
in these cherished pastimes.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 25,
2021, as National Hunting and Fishing Day. I call upon all Americans to
observe this day with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of September, in the year of our Lord two thousand twenty-one, and of
the Independence of the United States of America the two hundred and
forty-sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10263 of September 24, 2021
National Public Lands Day, 2021
By the President of the United States of America
A Proclamation
On National Public Lands Day, we celebrate America's beautiful and
majestic public lands--those irreplaceable natural treasures that belong
to all of us in equal measure. Our Nation is blessed with an abundance
of awe-inspiring public lands, including National Parks, Monuments,
conservation areas, wildlife refuges, forests, grasslands, marine
sanctuaries, lakes, and reservoirs. For Americans in every part of our
Nation, these spaces are invaluable sources of recreation and education,
of spiritual fulfillment and rejuvenation, and of inspiration and pride.
Since 1994, National Public Lands Day has brought together hundreds of
thousands of volunteers to help restore these essential places; today,
it is the largest single-day public lands volunteer event in our Nation.
From Shenandoah National Park to Tonto National Forest, volunteers
complete service projects like building bridges and trails, restoring
native ecosystems, collecting trash, and removing invasive species.
These service projects also give volunteers the opportunity to learn
more about our public lands and understand the environmental, economic,
and health benefits our natural wonders provide. On this day, all
federally managed public lands and waters will offer free admission for
anyone in America who wishes to explore these shared spaces.
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My Administration is committed to conserving our precious public lands
and waters. Earlier this year, I signed an Executive Order to create a
Civilian Climate Corps, which will put dedicated Americans to work
conserving and restoring our public lands and waters for the benefit of
all our people. Through our ``America the Beautiful'' initiative, we are
also working with State, local, and Tribal governments as well as
private landowners through voluntary conservation efforts to achieve our
goal of conserving 30 percent of our Nation's lands and waters by 2030.
This decade-long effort will harness the best of the American spirit to
protect our biodiversity, improve access to public spaces, and conserve
and restore the lands, waters, and wildlife that we all depend on for
generations to come.
Our public lands have provided millions of Americans with a much-needed
reprieve from the stress and hardships felt during the COVID-19
pandemic. As we continue to get America vaccinated and defeat the
pandemic, I invite all Americans to recognize the enormous value--both
tangible and intangible--of these unique natural places and to support
their local public lands and waters through acts of volunteerism and
service. At the same time, we also recognize that not all Americans have
equal access to our public lands. My Administration is committed to
improving equitable access to nature in every community and to ensuring
that every American has the opportunity to enjoy these natural spaces
that belong to all of us.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 25,
2021, as National Public Lands Day. I invite all Americans to join me in
a day of service for our public lands.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of September, in the year of our Lord two thousand twenty-one, and of
the Independence of the United States of America the two hundred and
forty-sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10264 of September 24, 2021
Gold Star Mother's and Family's Day, 2021
By the President of the United States of America
A Proclamation
Throughout our history, America's men and women in uniform have
dedicated their lives and made the ultimate sacrifice to protect our
freedom and the freedom of oppressed people around the world. They are
the backbone of America, and make up the bravest, most capable, most
selfless military on the face of the Earth. We witnessed that in the
historic undertaking to evacuate more than 124,000 American citizens,
the citizens of our allies and partners, our Afghan allies, and other at
risk Afghans from Kabul, Afghanistan.
I am outraged by the vicious terrorist attack at the Kabul Airport that
took the lives of our brave service members who were working to save the
lives
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of others. My heart aches that this year we have more Gold Star families
who must mourn their heroic loved ones. Our Nation is forever indebted
to those who gave their last full measure of devotion to defend our
peace and security. We are devastated by their loss and inspired by
their sacrifice. When we remember these fallen service members, we must
also honor the people who mourn their losses. We remember them every
day, and on this day, we pay special tribute to their surviving
families.
The families of our fallen men and women in uniform understand the true
and painful price of freedom--coping with loss and unspeakable grief.
And today, on Gold Star Mother's and Family's Day, we recognize their
enduring pain and honor their resilience. We stand with them to preserve
the legacy of their fallen loved ones and pledge that their memories and
their sacrifices will never be forgotten.
Jill and I know the pride, but also the uncertainty and fear, that
military families feel when their loved ones are deployed, wondering if
they will return home. Whenever I deploy our troops into harm's way, I
take that responsibility seriously. It is a burden that I carry every
day. Every life lost in service to this country is an unspeakable
tragedy, and while we as a Nation can never repay that debt, we have a
sacred obligation to support those they leave behind.
To all of our surviving families, know that our entire Nation grieves
with you. Know that there are resources available and ready to support
you, and know that the American people will keep our sacred obligation
to you and to the memory of your loved one. You represent the best of
America, and we are grateful for your courage.
The Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat.
1895 as amended), has designated the last Sunday in September as ``Gold
Star Mother's Day.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim Sunday, September
26, 2021, as Gold Star Mother's and Family's Day. I call upon all
Government officials to display the flag of the United States over
Government buildings on this special day. I also encourage the American
people to display the flag and hold appropriate ceremonies as a public
expression of our Nation's gratitude and respect for our Gold Star
Mothers and Families.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of September, in the year of our Lord two thousand twenty-one, and of
the Independence of the United States of America the two hundred and
forty-sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10265 of September 27, 2021
National Voter Registration Day, 2021
By the President of the United States of America
A Proclamation
The right to vote is central to who we are as a Nation and a people--it
defines us as Americans, propels us to ever-greater progress, and serves
as the foundation of our liberty. Voting provides Americans with a voice
in building the country we want to live in together and the country we
hope to leave to our children and grandchildren. The right to vote
freely and fairly, and to have our vote counted, is a sacred and
fundamental part of our Nation's character. With it, anything is
possible for America; without it, nothing is.
For our democracy to work, it is up to all of us to protect the right to
vote--and to exercise it. The first step that all of us can take is to
make sure that we are registered to vote. Each year, National Voter
Registration Day reminds us of our right and our responsibility, as
individual citizens and as one Nation, to exercise the sacred right to
vote and ensure that our voices are heard.
Through great sacrifice and the courage of generations of civil rights
leaders and activists, we have made strides to ensure that more
Americans are able to take part in the democratic process. We have
repeatedly amended the Constitution to expand voting access across our
history, and landmark legislation like the Indian Citizenship Act of
1924 and the Voting Rights Act of 1965 have helped to make those
constitutional promises real and meaningful for more and more of our
people.
But this work remains unfinished. Today, the right to vote is being
suppressed and subverted in many parts of the country by shameful
attempts to restrict Americans' access to the ballot and the rolling
back of decades of voting rights progress. This assault--largely
targeting Americans of color, as such assaults so often have through the
darkest chapters of our history, is an attack on our democracy, on our
liberty, and on who we are as Americans. As my friend, American hero
Representative John Lewis, reminded us shortly before he passed,
`Democracy is not a state; it is an act.' It is our shared
responsibility to act as one people to secure the basic promise of
American democracy.
My Administration has taken firm and far-reaching action to expand and
protect voting rights. Earlier this year, I issued an Executive Order to
promote access to voting. This order established a whole-of-government
effort directing Federal agencies to expand access to voter registration
and election information, especially in some of our most underserved
communities. My Administration also supports Federal legislation to set
basic national standards for fair registration and voting in Federal
elections and to protect against racial discrimination and the
subversion of the election process. Guaranteeing the right to vote and
ensuring that every vote is counted has always been one of the most
patriotic things we can do, and my Administration is committed to
safeguarding and strengthening our democracy.
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As we observe National Voter Registration Day, I encourage all eligible
Americans to make sure they are registered to vote--to check their
registration status and ensure that their registration is accurate and
up to date--and to help their neighbors, family, and friends to do the
same. Visit Vote.gov for more information on how to register to vote. I
also urge policymakers and citizens across the country, of all parties,
to join me in defending, strengthening, and expanding this paramount
constitutional right.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim September 28,
2021, as National Voter Registration Day. I call on all Americans to
observe this day by ensuring they are registered to vote, and thereby
prepared to stand up for our democracy and the vitality and integrity of
our elections.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of September, in the year of our Lord two thousand twenty-one, and of
the Independence of the United States of America the two hundred and
forty-sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10266 of September 30, 2021
Cybersecurity Awareness Month, 2021
By the President of the United States of America
A Proclamation
Our Nation is under a constant and ever-increasing threat from malicious
cyber actors. Ransomware attacks have disrupted hospitals, schools,
police departments, fuel pipelines, food suppliers, and small
businesses--delaying essential services and putting the lives and
livelihoods of Americans at risk. Any disruption, corruption, or
dysfunction of our vital infrastructure can have a debilitating effect
on national and economic security, public health, and our everyday
safety.
Since its inception, Cybersecurity Awareness Month has elevated the
central role that cybersecurity plays in our national security and
economy. This Cybersecurity Awareness Month, we recommit to doing our
part to secure and protect our internet-connected devices, technology,
and networks from cyber threats at work, home, school, and anywhere else
we connect online. I encourage all Americans to responsibly protect
their sensitive data and improve their cybersecurity awareness by
embracing this year's theme: ``Do Your Part. Be Cyber Smart.''
My Administration has worked to bolster the defense of our systems and
protect the Federal Government's information and communications
infrastructure. Earlier this year, I signed an Executive Order to
modernize and improve the security of our technology, including areas
like software security, information sharing, and Federal network
modernization. The Executive Order also directs the Federal Government
to only acquire products that meet strong cybersecurity standards--
which, by spurring technology companies to raise the bar, will
ultimately improve the security of those products for all Americans.
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The reality is that most of our Nation's critical infrastructure--from
transportation lines to energy suppliers to other vital fields--is owned
and operated by the private sector. Therefore, the security of our
critical infrastructure depends on Federal, State, local, Tribal, and
territorial coordination with infrastructure owners and operators to
achieve greater strength and security. My Administration is working in
close coordination with the private sector. Earlier this year, we began
to establish strong cybersecurity goals that outline our expectations
for owners and operators of America's critical infrastructure. We also
launched a 100-day initiative to improve cybersecurity across the
electric sector. That initiative has already resulted in more than 150
utilities that serve 90 million Americans deploying or committing to
deploy cybersecurity technology--and we are now in the process of
extending that initiative to gas pipelines. My Administration is also
working with the international community to elevate the profile of
cybersecurity as a matter of global security interest.
We recently convened a meeting with corporate, nonprofit, and
educational leaders on how to protect their industries and our
infrastructure. We are working closely with the private sector to share
information, strengthen cybersecurity practices, and deploy technologies
that increase resilience against cyberattacks. My Administration has
also launched StopRansomware.gov to provide a one-stop resource for
Americans to learn how to avoid ransomware and the steps to take if
their computer becomes compromised.
During Cybersecurity Awareness Month, I ask everyone to ``Do Your Part.
Be Cyber Smart.'' All Americans can help increase awareness on
cybersecurity best practices to reduce cyber risks. Whether you are at
home, school, or the office--a few simple steps can help keep you and
your online data safe and secure. By limiting the amount of personal
information shared online, regularly updating devices and software, and
using complex passwords and multifactor authentication methods, our
entire Nation will be more resilient against the constant threat of
malicious cyber actors.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 2021 as
Cybersecurity Awareness Month. Through events, training, and education,
I call upon the people, businesses, and institutions of the United
States to recognize the importance of cybersecurity, to take action to
better protect yourselves against cyber threats, and to observe
Cybersecurity Awareness Month in support of our national security and
resilience.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10267 of September 30, 2021
National Arts and Humanities Month, 2021
By the President of the United States of America
A Proclamation
As our Nation continues to grapple with consequential crises--from
combating the ongoing global pandemic and addressing cries for racial
justice to tackling the existential threat that climate change poses to
our planet--the arts and humanities enable us to both understand our
experiences and lift our sights. During this National Arts and
Humanities Month, we celebrate the power of the arts and humanities to
provide solace, understanding, and healing. We recognize the ability of
the arts and humanities to amplify important and diverse voices and
messages. We reflect on the fact that, as we have struggled with
isolation, anxiety, and the loss of loved ones, we have turned to music
and dance, literature and poetry, and philosophy and history to bring us
together and help us persevere through, and grapple with, our current
moment.
From our Nation's earliest days, we have recognized the arts as a
foundation of our Republic. As George Washington wrote in 1781, ``The
arts and sciences [are] essential to the prosperity of the State and to
the ornament and happiness of human life.'' Today, any American--
regardless of their background--can create art and turn to it for hope,
acceptance, and inspiration. The arts and humanities have united us as a
Nation--from the television programs we watch to the books and exhibits
that inspire us--providing a sense of community when we need it most.
The COVID-19 pandemic has devastated our creative sectors. Before the
pandemic, our Nation's arts and culture sectors were strong and
vibrant--a nearly $1 trillion industry employing over 5 million
Americans. But as the pandemic canceled events and closed theatres,
concert halls, and performance venues, the unemployment rates for the
cultural community spiked to among the highest in the Nation. Many
museums, libraries, and arts venues closed their curtains and doors,
some for a final time. For our Nation to fully recover and heal, we need
the creative economy and our cultural sector to recover.
My Administration recognizes the essential role the arts and humanities
play in our Nation's economy, democracy, health, and vitality and is
committed to supporting the arts community. That is why my American
Rescue Plan added another $1.25 billion in funding for the Shuttered
Venues Operators Grant through the Small Business Administration, for a
total of $16.25 billion. This critical program continues to provide
much-needed relief to music and arts venues. My American Rescue Plan
also provided an additional $135 million each for the National Endowment
for the Arts (NEA) and the National Endowment for the Humanities (NEH)
and $200 million for the Institute of Museum and Library Services
(IMLS). My proposed budget for Fiscal Year 2022 also includes
significant funding increases for the NEA, NEH, and IMLS. Collectively,
these funds will help put people back to work and support our Nation's
creators.
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The arts can educate. To build vaccine confidence and communicate the
benefits of vaccination in creative and culturally relevant ways, my
Administration has partnered with artists and cultural icons to
encourage Americans of all ages and from all corners of our Nation to
get vaccinated. In this way, the arts can help us put an end to COVID-
19. Thanks to the progress we are making with people getting vaccinated,
tens of millions of Americans can go back to plays, concerts, and the
movies. The arts can also heal Americans, from those who have suffered
the traumas of loss or isolation during the pandemic to veterans and
service members returning from war.
The pandemic has further revealed to us deep and unacceptable inequities
in health care, education, and justice. The arts and humanities reveal
the depths of these inequities and help us have the conversations and
address the challenges that can be difficult to confront. The arts help
us express and process our hurt and outrage as well as our joy and
wonder--to better understand the experiences of our neighbors. By
supporting and showcasing the creativity and experiences of those that
have too often been discounted, we can advance our realization of a
society that prioritizes equity and empathy.
This October, as we celebrate National Arts and Humanities Month, let us
turn to the arts and humanities as a way to help America heal and grow.
Let us build back better by ensuring that our cultural workers and
creators are back at work and thriving. Let us ensure that everyone in
America--regardless of race, geography, ability, and socioeconomic
status--has equal and unrestricted access to the arts and humanities,
and the opportunities they afford.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 2021 as
National Arts and Humanities Month. I call upon the people of the United
States to observe this month with appropriate programs, ceremonies, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10268 of September 30, 2021
National Breast Cancer Awareness Month, 2021
By the President of the United States of America
A Proclamation
During National Breast Cancer Awareness Month, we stand with the
courageous women and men who have been diagnosed with breast cancer and
honor those who have lost their battle to this terrible disease. As the
second most common cancer affecting women, an estimated 1 in 8 women
will develop breast cancer over the course of their lifetime and 281,550
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women will be diagnosed with breast cancer in the United States in 2021.
Cancer touches so many families across the country--including ours. It
is up to all of us to continue fighting for a cure and to ensure that
every American has access to the quality care they need.
This year marks the 30th anniversary of the National Breast and Cervical
Cancer Early Detection Program, which provides free breast and cervical
cancer screenings to low-income, uninsured, and underinsured women in
every State, as well as many Tribal organizations and Territories. To
find information on how to get screened through this program, visit:
cdc.gov/cancer/nbccedp/screenings.htm. Early detection is one of the
most important strategies for treating breast cancer successfully, and
regular screenings are the most reliable way to detect it early. The
COVID-19 pandemic has disrupted many parts of our lives, and has
produced new deficits in breast cancer early detection, so there is
renewed urgency to getting these recommended screenings scheduled,
before a cancer has spread and becomes less treatable. I encourage
everyone to maintain their scheduled screenings, doctor appointments,
and treatments without delay while observing coronavirus safety
measures.
For decades, the medical community and advocates have helped our Nation
make great progress in the fight against cancer. First Lady Jill Biden
is proud to be a part of that movement, having founded the Biden Breast
Health Initiative, which educated high school girls in Delaware about
breast health and helped them spread the word to their own families.
Still, our Nation has a long way to go before this disease no longer
threatens American lives. I am committed to doing everything I can to
bring together our cancer research community and give them the resources
they need to make progress in the prevention, detection, and treatment
of breast cancer. That is why I have called for the creation of an
Advanced Research Projects Agency for Health at the National Institutes
of Health (ARPA-H) which would invest $6.5 billion to develop
breakthroughs that prevent, detect, and treat cancer and other deadly
diseases. My American Rescue Plan also expands access to affordable
health insurance coverage, ensuring that more women are able to receive
these screenings and treatments without worrying about cost.
The Affordable Care Act (ACA) has expanded coverage to millions of women
who were previously uninsured and has given millions of women access to
preventive services, including screening tests such as mammograms with
no out-of-pocket costs. Additionally, insurance companies can no longer
discriminate against women with pre-existing conditions, such as breast
cancer. My Administration is committed to protecting and building on the
ACA to ensure that more people have access to quality, affordable health
care and to lifting the inequitable health burden that falls on Black
women.
As we observe National Breast Cancer Awareness Month, we are united in
our commitment to ending breast cancer and improving the lives of all
those affected by this illness. We applaud the advocates, medical
professionals, researchers, and caregivers who dedicate their lives to
making progress toward cures. This month, we stand in solidarity with
breast cancer survivors across the country and reaffirm our commitment
to advancing research efforts that deliver hope to patients everywhere.
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More information on breast cancer is available at cancer.gov/breast.
Information specialists at the National Cancer Institute are also
available to help answer cancer-related questions in English and Spanish
at 1-800-422-6237.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 2021 as
National Breast Cancer Awareness Month. I encourage citizens, government
agencies, private businesses, nonprofit organizations, and other
interested groups to join in activities that will increase awareness of
what Americans can do to prevent and control breast cancer, and pay
tribute to those who have lost their lives to this disease.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10269 of September 30, 2021
National Clean Energy Action Month, 2021
By the President of the United States of America
A Proclamation
In the months leading up to this year's National Clean Energy Action
Month, nearly 1 in 3 Americans has seen their community struck by
weather disasters. The climate crisis is here and is threatening the
safety and health of Americans across our Nation and people around the
world. As the country continues to face droughts, heat waves, wildfires,
floods, and hurricanes, we recognize that the window to avoid
catastrophic outcomes is rapidly closing. The science is undeniable, and
the cost of inaction is rising. At the same time, winter storms and
hurricanes have tragically reminded us of the suffering and loss of life
that can occur when access to energy is cut off or disrupted. During
National Clean Energy Action Month, we recognize the importance of a
clean energy future and the vital role we all have to play in working to
avert the climate crisis.
Today, the energy sector accounts for more than 80 percent of United
States emissions. My Administration has set ambitious and attainable
goals of reducing United States greenhouse gas emissions by achieving a
100 percent clean electricity sector by 2035 and reaching net zero
emissions economy-wide by no later than 2050. The path forward is clear:
we must move quickly and decisively to power America with clean energy.
This will require investment and innovation and will result not only in
cleaner energy but also new jobs and lower bills.
That is why my Administration has been working aggressively to scale the
deployment of large-scale and rooftop solar, offshore and onshore wind,
and other clean energy technologies. We are committed to investing in
American innovation to drive down costs and reduce our overall demand
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for energy. We are committed to upgrading, modernizing, and expanding
our power grid to include clean power and to ensuring our grid is more
resilient in the face of everything from extreme weather to cyber
attacks. We are also investing in emerging technologies and bolstering
our domestic supply chain for batteries and other clean technologies so
that our clean energy future is made in America. At the same time, we
are investing in the communities that are home to coal and fossil-fuel
power plants to create new good-paying job opportunities for the workers
who have powered our country and economy for over a century.
While the Federal Government can leverage powerful tools to help our
Nation reach our climate goals, we cannot do it alone. Every American
has a role to play in making smarter, more conscientious choices about
how we use power within our homes, offices, schools, and places of
worship. Simple actions like turning off the lights when we leave a room
or upgrading our energy monitoring systems using tools like smart
thermostats can help conserve energy and save money on energy bills.
These small, intentional acts can add up to significant savings.
During National Clean Energy Action Month, we also recognize that for
too long, low-income communities and communities of color have borne a
disproportionate burden of pollution from fossil fuels and other
industries. That is why I signed an Executive Order establishing a White
House Environmental Justice Advisory Council to prioritize environmental
justice and ensure a whole-of-government approach to addressing current
and historical environmental injustices. Our goal is to ensure that
historically underserved communities also benefit from clean energy.
Throughout National Clean Energy Action Month, we recommit to acting on
the climate crisis with urgency and moving quickly toward 100 percent
clean energy, so we can create a safer, healthier, more prosperous
future for all Americans.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 2021 as
National Clean Energy Action Month. I call upon the citizens of the
United States to recognize this month by working together to mitigate
climate change and achieve a healthier environment for all.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10270 of September 30, 2021
National Disability Employment Awareness Month, 2021
By the President of the United States of America
A Proclamation
When we passed the Americans with Disabilities Act (ADA) 31 years ago,
our Nation moved closer to fulfilling its foundational promise of
liberty, justice, dignity, and equality for all. I was enormously proud
to co-sponsor the ADA as a member of the United States Senate--a truly
bipartisan effort that was personal to millions of families. For more
than 60 million disabled Americans, the ADA is much more than just a
law. It provides a vital source of opportunity and self-sufficiency,
allows for increased economic participation, and serves as a powerful
shield against discrimination in the workplace. National Disability
Employment Awareness Month is a chance for us to celebrate workers with
disabilities and recommit ourselves to dismantling barriers to access
and inclusion in the workplace.
This year, the Office of Disability Employment Policy in the Department
of Labor celebrates 20 years of helping advance opportunity for workers
with disabilities across the Nation. As part of its mission, the agency
remains at the forefront of emerging challenges in the workplace, such
as developing comprehensive resources to ensure that workers grappling
with the long-term effects of COVID-19 have access to the rights and
resources they are due under disability law--including flexibilities,
tools, and accommodations in the workplace.
Despite the progress our Nation has made in recent decades, people with
disabilities are still too often marginalized and denied access to the
American dream. Americans with disabilities--particularly women and
people of color--have faced long-standing gaps in employment,
advancement, and income. The COVID-19 pandemic has compounded these
inequities, as people with disabilities have faced heightened risks--
particularly the disproportionate share of people with disabilities
employed in the hardest-hit industries. Our Nation will never fully
recover and rebuild unless every single community--including disabled
Americans--is fully included.
My Administration remains focused on ensuring that every single American
has the chance to thrive, succeed, and contribute their talents. That is
why I have issued Executive Orders to advance diversity, equity,
inclusion, and accessibility to bolster career paths and promote
economic stability for Americans with disabilities. I have proposed
eliminating outdated, discriminatory provisions in the Fair Labor
Standards Act that allow employers to pay disabled workers less than the
minimum wage. Young people with disabilities in particular must be part
of an inclusive economic recovery so that they can find the fulfilling
careers, apprenticeships, and futures they deserve in every industry; to
that end, we must promote the technologies and tools, as well as the
attitudes, that foster welcoming work environments for young Americans.
Our Nation's future will be brighter and more secure when everyone is
dealt into the economy we build together.
All Americans should be proud that we have made substantial progress
since the days before the ADA--when an employer could refuse to hire you
because of a disability, when a person using a wheelchair could not take
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a bus or a train to work, and when a person with a disability could be
denied service in a restaurant or grocery store. Now, 31 years later, it
is the shared responsibility of all of us to tear down the barriers that
remain for people with disabilities and to ensure that all Americans
have the chance to find good jobs and build good lives--for themselves
and for the good of our entire Nation.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 2021 as
National Disability Employment Awareness Month. I urge all Americans to
embrace the talents and skills that workers with disabilities bring to
the national recovery and to promote the right to equal employment
opportunity for all people.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10271 of September 30, 2021
National Domestic Violence Awareness and Prevention Month, 2021
By the President of the United States of America
A Proclamation
For too long, domestic violence was considered a ``family issue'' and
was left for families to address in private. That is why, decades ago, I
created and pushed for the Violence Against Women Act (VAWA) to be
passed. Today, we recognize the important roles of the public and
private sectors, non-profit organizations, communities, and individuals
in helping to prevent and address domestic violence and create a culture
that refuses to tolerate abuse. Domestic violence affects millions of
people in the United States, causes significant harm to the physical and
mental health of survivors and their families, undermines their economic
stability and overall well-being, and is a stain on the conscience of
our country. While significant progress has been made in reducing
domestic violence and improving services and support for survivors, much
work remains to be done to expand prevention efforts and provide greater
access to safety and healing. During National Domestic Violence
Awareness and Prevention Month, we come together to reaffirm our
commitment to ending domestic violence and supporting survivors.
Domestic violence is an abuse of power that tears apart the fabric of
relationships and families and undermines the well-being of communities.
One in 4 women and 1 in 10 men have experienced sexual violence,
physical violence, or stalking by an intimate partner during their
lifetime. Homicide is one of the leading causes of death in the United
States for women under
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the age of 44, and nearly half are killed by a current or former male
intimate partner. During the COVID-19 pandemic, domestic violence has
become a pandemic within a pandemic, with many victims facing the added
pressures of increased economic insecurity, increased time in isolation
with their abusers, and limited contact with their support networks.
This has made it even more difficult for victims to access the
lifesaving services and support they need.
To strengthen our response to domestic violence and all forms of gender-
based violence, my American Rescue Plan allocated an additional $450
million to increase support for domestic violence and sexual assault
service providers and to further assist survivors in their short- and
long-term transition away from their abusers. It also includes a
historic commitment to funding culturally-specific community-based
organizations to address the needs of survivors in historically
marginalized communities. My Administration also allocated an additional
$550 million for domestic violence shelters and supportive service
providers to develop and employ COVID-19 detection and mitigation
strategies and help survivors access health care during the pandemic. In
the Fiscal Year 2022 budget, I proposed an historic $1 billion for grant
programs administered by the Department of Justice's Office on Violence
Against Women, and more than doubled investments through the Family
Violence Prevention and Services Act. I was also proud to sign into law
the Victims of Crime Act Fix to Sustain the Crime Victims Fund Act,
which increases resources available to help thousands of survivors of
domestic violence.
To accelerate this progress, the White House Gender Policy Council is
working to develop our Nation's first ever National Action Plan to End
Gender-Based Violence and the Council is collaborating with the
Department of State and other Federal agencies to update and strengthen
our Strategy to Prevent and Respond to Gender-Based Violence Globally.
My Administration is also working to prevent and improve the response to
intimate partner violence in our military and pushing to strengthen
VAWA. Authoring and championing VAWA remains one of my proudest
legislative achievements as a Senator, and its reauthorization is long
overdue. Legislation to reauthorize and strengthen VAWA, which already
passed the House of Representatives with bipartisan support, would
reduce intimate partner homicides by strengthening common sense gun
laws, expand protections for Native American survivors, increase access
to safe housing, expand training for trauma-informed policing, and
support programs centered on restorative practices. We are also
committed to reauthorizing the Family Violence Prevention and Services
Act to strengthen efforts to address domestic violence as a public
health issue and to increase support for life-saving services and
prevention programs across the Nation.
During National Domestic Violence Awareness and Prevention Month, we
honor the tremendous dedication of advocates and service providers,
honor the courage and resilience of survivors, and recommit ourselves to
standing with them for safety, dignity, and justice. There is still much
work to do, and it will take all of us to do it. We must rededicate
ourselves to creating a society where domestic violence is not
tolerated, where survivors are supported, and where all people have an
opportunity to thrive without fear of violence or abuse.
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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 2021 as
National Domestic Violence Awareness and Prevention Month. I call on all
Americans to speak out against domestic violence and support efforts to
educate young people about healthy relationships centered on respect;
support victims and survivors in your own families and networks; and to
support the efforts of victim advocates, service providers, health care
providers, and the legal system, as well as the leadership of survivors,
in working to end domestic violence.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10272 of September 30, 2021
National Youth Justice Action Month, 2021
By the President of the United States of America
A Proclamation
I have often said that America's young people are the kite strings that
hold our national ambitions aloft--they carry the possibilities of our
country and the sacred promise of a democracy where every one of us is
treated equally and entitled to equal justice under the law. However,
far too many of our young people are effectively excluded from
participating in our democracy, having been sidelined by unnecessary
encounters with the justice system. They deserve a second chance.
During National Youth Justice Action Month, I call upon States and
communities to join me in seeking justice for our youth and modernizing
our juvenile justice system, a system that should allow young people to
build their lives and grow with freedom and dignity.
Long-standing inequities in our society--including in our juvenile and
criminal justice systems--continue to disproportionately burden people
of color and people with disabilities. Nationwide, Black youth are more
than four times as likely as their white peers to be held in juvenile
facilities, and they come into contact with both the juvenile justice
and the child welfare systems at far higher rates. Additionally, one-
third of young people in juvenile justice facilities have a disability,
including many with emotional distress and learning disabilities. To
deliver equal justice and equal dignity to all people, it is imperative
that we root out racial inequities and other forms of discrimination
from these systems.
Although youth arrests are at their lowest levels in decades, each
arrest can create a ripple effect of heightened risks and negative
consequences for young people. Once in the system, young people may face
abusive treatment and dangerous conditions, including excessive use of
restraint, guard-
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instigated fights, and sexual assault. Adverse environments and lack of
support make it difficult for young people who enter the carceral system
to lead healthy, productive lives upon exiting.
To give all of our young people a chance to live up to their full
potential, we need to shift our approach from a default stance of
incarceration to one of prevention--a strategy that recognizes that
children's developmental stages and needs are starkly different from
those of adults. Addressing racial disparities in school discipline and
supporting proven early intervention efforts like afterschool and
mentoring programs are simple steps we can take to help all young people
find a sense of purpose and contribute to their communities. Many States
are making a greater effort to keep teenagers under the jurisdiction of
juvenile courts, which take their developmental needs into account and
are better equipped to support their rehabilitation than systems built
for adults.
In my Fiscal Year 2022 budget, I proposed an $800 million investment to
more than double our current funding for juvenile justice and youth
reentry programs that protect children and help young people get the
services they need to get back on their feet. This includes incentives
for States and communities that introduce reforms to reduce youth
incarceration--including repurposing juvenile detention facilities to
focus more on youth development. It also includes resources to develop
research-based solutions to steer kids away from detention and toward
more positive alternatives. Through grants provided by the Office of
Juvenile Justice and Delinquency Prevention at the Department of
Justice, we are giving young people access to high-quality legal
representation and resources to help them better manage the consequences
of their contact with the system. We will ensure that young people in
the juvenile justice system receive the counsel they are entitled to and
will work to address the disproportionately high enforcement directed
against young people of color.
Moreover, my Administration is working to ensure that all young people
have the support they need to avoid entering the justice system in the
first place. I have proposed $1 billion for a new School-Based Health
Professionals grant program to help double the number of counselors,
nurses, social workers, and other health professionals in our schools.
In addition, I have proposed $443 million for Full-Service Community
Schools, which would provide comprehensive wrap-around services to
students and their families. Programs like these help ensure that more
young people grow up in supportive environments and have what they need
to reach their full potential.
It is the responsibility of all of us to support America's youth and
ensure that they are in a position to thrive in every community. By
shifting our focus from incarceration to prevention, we can bring about
a brighter future for our young people and our country as a whole.
Together, we can fulfill the promise of an America that is just and
equitable for all.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 2021 as
National Youth Justice Action Month. I call upon all Americans to
observe this month by taking action to support our youth and by
participating in appropriate ceremonies, activities, and programs in
their communities.
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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10273 of September 30, 2021
National Youth Substance Use Prevention Month, 2021
By the President of the United States of America
A Proclamation
Far too many families across our Nation have been impacted by addiction
and the overdose epidemic. In 2020, more than 93,000 people died from an
overdose--93,000 families forced to bury a piece of their souls. The
impact of this crisis echoes in communities across the Nation, in the
empty chairs in classrooms and around kitchen tables. During National
Youth Substance Use Prevention Month, we reaffirm our commitment to
helping America's youth overcome this epidemic and lead healthy,
fulfilling lives.
The COVID-19 pandemic has only exacerbated the need to provide more
resources to address substance use disorder. Substance use disorder
touches families in every community, and it is essential that we invest
in a broad range of services, including prevention, harm reduction,
treatment, and recovery support services for mental health and substance
use.
My Administration has been working to expand evidence-based prevention
programs along with access to care and recovery support services. We are
committed to preventing substance use among our Nation's youth--
including alcohol, tobacco products, illicit drugs, and misused
prescription medications--by bringing communities together to find local
solutions. Through the White House's Office of National Drug Control
Policy, the Drug-Free Communities Support Program helps equip community
coalitions to reduce youth substance use at the local level. We must
continue to encourage parents, caregivers, educators, and other members
of the community to play an active role in promoting evidence-based
prevention efforts that encourage healthy lifestyles, promote
alternatives to substance use, and educate young people about the harms
associated with substance use. We know that delaying substance use until
after adolescence, when the brain has fully developed, decreases the
likelihood of an individual developing a substance use disorder. We also
know that smart investments in effective school-based prevention
programs save lives and save our economy money in the form of averted
medical costs and improved productivity.
My Administration is also committed to advancing racial equity in our
approach to drug policy--implementing fairer, more effective, and more
culturally resonant policies to prevent, address, and treat substance
use disorder. That is why we are supporting the development of tailored
tools that strengthen prevention efforts in diverse communities. These
include racial equity trainings, resources on inclusion and diversity,
and racial equity decision-making frameworks. Our youth-focused efforts
must also account for the fact that poverty, homelessness, trauma, and
other adverse childhood
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experiences affect drug use and the overall health of our Nation's
youth--especially with respect to people of color, who are
disproportionately impacted by these factors. By advancing equity in
every part of our society--including our education, health care,
criminal justice, and housing systems--we can build a future where all
Americans can lead healthy and fulfilling lives.
This October, we honor all those who champion evidence-based youth
substance use prevention and recommit ourselves to ensuring that all
Americans have the skills, knowledge, and resources to live full and
healthy lives. Substance use disorder is a disease, and I will do
everything within my power to expand access to evidence-based
prevention, treatment, harm reduction, and recovery support services as
well as reduce the supply of illicit drugs to keep more Americans safe.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 2021 as
National Youth Substance Use Prevention Month. I call on communities,
parents, caregivers, educators, employers, healthcare professionals, law
enforcement officials, faith and community leaders, and all Americans to
take action to promote evidence-based prevention and improve the health
of our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10274 of September 30, 2021
National Manufacturing Day, 2021
By the President of the United States of America
A Proclamation
On National Manufacturing Day, we celebrate all that is made in America
and recognize the importance of our Nation's manufacturers to every
aspect of our lives. From the electronics we rely on, to the safely
packaged foods we eat, to the clothing we wear, to the appliances and
furniture in our homes, to the cars we drive--American manufacturing is
essential to our economy. It employs over 12 million Americans directly
and many more indirectly--providing high quality jobs to communities
across the country and producing the highest quality goods in the world.
In the early days of the COVID-19 pandemic, our manufacturing sector was
upended--578,000 manufacturing jobs were lost in 2020. Supply chain
disruptions left our Nation short of lifesaving protective equipment,
ventilators, and other essential health equipment at a time when we
needed it most. However, our Nation's manufacturers and manufacturing
workers stepped up--refitting their operations to produce needed
materials and working long hours to make sure our Nation had what we
needed.
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The pandemic brought into even sharper focus the fragility of many of
our global supply chains, which were already subject to everything from
accidents and extreme weather to other countries engaging in unfair
trade practices. In the name of our national and economic security and
in support of American-based companies, American manufacturing, and
American jobs--especially union jobs--I have committed our Nation to
building our own resilient supply chains. That is why, during my first
days in office, I signed an Executive Order to support manufacturing,
rebuild our industrial base, and strengthen our supply chains--all while
creating good-paying, union jobs. My order, ensuring that our future is
made in all of America by American workers, also strengthens domestic
manufacturing by directing Federal agencies to buy more American-made
products.
My Administration has also called for historic investments in making our
supply chains more resilient as well as investments in new and cleaner
manufacturing technologies that will help us innovate and lead in
manufacturing in the 21st century. The clean energy economy presents an
enormous opportunity to revitalize American manufacturing, maintaining
and creating good-paying, union jobs, while cleaning up the air and
water in communities across the country. That's why my Administration is
calling for investments to ensure that as we build everything from wind
turbines to electric vehicles and that they are made in the United
States with clean, American-made materials. The Federal Government is a
major buyer in markets for goods and services. One of the most effective
ways to support and grow American companies, put more Americans to work,
and to strengthen American manufacturing is to buy American. My
Administration is making the biggest enforcement change to the Buy
American Act in 70 years, raising the amount of domestic content
required to be considered ``Made in America'' from 55 percent to 75
percent.
My Administration has also invested in our Nation's communities and the
manufacturing base that builds them. Through programs like the
Manufacturing Extension Partnership, Manufacturing USA, and
opportunities sponsored by the Economic Development Administration of
the Department of Commerce, we are providing resources to support and
strengthen STEM education, infrastructure, technology hubs, and economic
opportunities for all people in every region of our country.
As we continue to recover from the pandemic and millions of Americans
return to work, there will be good opportunities available at all levels
of the manufacturing industry that will need to be filled over the next
decade.
On National Manufacturing Day, we commit to strengthening and supporting
the American manufacturers and hardworking manufacturing employees of
today as well as the manufacturers and workers of the future. We commit
to building a future that is made in America.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 1, 2021,
as National Manufacturing Day. I encourage all Americans to look for
ways to get involved in your community and join me in participating in
National Manufacturing Day, and, most importantly, buy American.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord two thousand twenty-one, and of the
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Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10275 of October 1, 2021
Fire Prevention Week, 2021
By the President of the United States of America
A Proclamation
During Fire Prevention Week, we honor our brave firefighters and first
responders who risk their lives to protect us every day and reaffirm the
importance of fire safety and preparedness. This week, I call on all
Americans to educate themselves about fire prevention and safety and
recommit to taking the necessary steps to prevent fires. Whether you are
in your own home or camping in one of America's majestic National Parks,
taking the proper precautions and safety measures can help prevent fires
and save your life and the lives of your family and others while
protecting our natural wonders.
Already this year, more than 44,000 wildfires have burned nearly 5.3
million acres of our land--an area roughly the size of the State of New
Jersey. These fires have destroyed homes and priceless memories. They
have forced families into shelters and filled the air with smoke for
hundreds of miles. Precious lives have been lost. The fires have ground
local economies to a halt, swallowed up family farms, and disrupted
supply chains that fuel jobs, businesses, and communities all across the
country.
These fires represent a code red for our Nation--and we know that,
unless we take bold action to address climate change, they will only
continue to gain in frequency and ferocity. Scientists have warned us
for years that extreme weather will only get more extreme, and today we
are living it in real time. Extreme weather, including wildfires, cost
America $99 billion last year; unfortunately, we are poised to break
that record this year.
That is why my Administration is committed to taking on the threat of
climate change and investing in America's resilience. We have proposed
investing billions of dollars to strengthen our wildfire preparedness,
resilience, and response. These investments will not just save lives and
homes--they will also save industries and create new jobs. When I think
about climate change, I always think about the millions of good-paying,
union jobs we can create--but we also need to think about all of the
jobs and industries we stand to lose if we fail to act boldly enough.
The evidence is overwhelming that every dollar we invest in our
resilience saves us six dollars down the road, when the next fire does
not spread as widely and homes and businesses are spared.
Our response to this threat starts with our brave firefighters, who put
their lives on the line every day. To better support the wildland
firefighters who serve our Nation so courageously, my Administration is
committed to making sure that we have enough firefighters on call who
are trained, equipped, and ready to respond. That is why I took action
this summer to
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ensure that all of our Federal firefighters will earn a minimum of $15
an hour. My Administration has increased wildland firefighter pay
through bonuses and retention pay, extended seasonal firefighter
employment to ensure robust response throughout the fire season,
deployed new fire detection and air monitoring technologies, invoked the
Defense Production Act to increase the supply of equipment, and brought
additional aircraft and personnel to bear from both the Department of
Defense and our partner nations.
During Fire Prevention Week, I call on all Americans to educate
themselves about fire safety, take the appropriate precautions when
encountering fires, and honor our courageous firefighters, volunteers,
and first responders. I also encourage everyone to install and maintain
smoke alarms in their homes--critical elements of fire safety that have
helped significantly decrease United States home fire death rates over
the past 40 years. By testing alarms every month and replacing them
every 10 years, we can be better prepared to respond quickly to fires
and prevent tragic loss of life.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 3 through
October 9, 2021, as Fire Prevention Week. On Sunday, October 3, 2021, in
accordance with Public Law 107-51, the flag of the United States will be
flown at half-staff at all Federal office buildings in honor of the
National Fallen Firefighters Memorial Service. I call on all Americans
to participate in this observance with appropriate programs and
activities and by renewing their efforts to prevent fires and their
tragic consequences.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10276 of October 1, 2021
National Community Policing Week, 2021
By the President of the United States of America
A Proclamation
Community policing--the practice of law enforcement professionals
working side-by-side with members of their communities to keep
neighborhoods safe--is a critical and proven tool used by law
enforcement agencies across our Nation to improve public safety and
forge strong, valuable relationships. During National Community Policing
Week, we recommit to building bonds of trust between our law enforcement
officers and the communities they serve and encourage community policing
practices across our Nation.
America's law enforcement officers play an essential role in protecting
our communities and enforcing our laws. Every time an officer pins on
their badge and walks out their front door, the loved ones they wave
goodbye to are forced to wonder if they will return home safely. This
week and
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every week, we recognize the bravery and dedication of our peace
officers who put themselves on the line each and every day to protect
and serve their communities.
We also recognize the role that all community members play in advancing
public safety. As our country continues to reckon with a long and
painful history of systemic racism--as well as the ongoing challenges of
social and economic injustice, the COVID-19 pandemic, mental illness,
homelessness, and substance abuse--we must think broadly,
conscientiously, and creatively about the future of effective policing
and how to foster strong police-community partnerships. Evidence and
experience tell us that strong neighborhood relationships, the use of
problem-solving to address crime systematically, and improvements to
policy and training--key tenets of community policing--are all tools
that help make our communities safer. My Administration is using
programs such as the Department of Justice's Project Safe Neighborhoods
to bring together law enforcement and community stakeholders in an
effort to develop local solutions to help prevent violent crime.
I have long been an advocate for community policing, just as my late son
Beau was when he served as Attorney General of Delaware--because he
knew, as I know, that it works. It is especially important now, as State
and local governments across the country continue to climb back from the
once-in-a-century economic crisis triggered by COVID-19 last year. With
their budgets decimated, countless communities were forced to cut
essential services in 2020, including law enforcement and social
services, just as a second public health epidemic of gun violence
threatened the safety of their cities and towns. To help keep our
communities safe, my Administration has provided local leaders with
guidance on how American Rescue Plan funds can be used to help reduce
violent crime and ensure public safety. I am also committed to investing
in mental health services, drug treatment and prevention programs,
services for people experiencing homelessness, and community violence
intervention. Community violence intervention programs are vital to
preventing violence before it occurs, and they have a proven track
record of reducing crime by up to 60 percent in cities across our
Nation.
My Administration is also working to ensure that police departments have
the resources they need to serve their communities safely and
effectively. Communities experiencing a surge in gun violence can make
use of $350 billion in State and local funding included in the American
Rescue Plan to hire law enforcement officers and advance community
policing strategies. I have also proposed an additional $300 million in
my budget for next year to support community policing across our
country. As I seek that additional funding, the Office of Community
Oriented Policing Services at the Department of Justice will continue to
provide grants for community policing pilot projects and hiring local
police officers--including funding prioritization for officers who will
live in the communities they serve. These new resources will allow
departments to implement community policing strategies and strengthen
police-community partnerships.
At its core, community policing is about building trust and mutual
respect between police and communities--important goals that can only be
reached when we have accountability and faith in our justice system.
That's why I strongly support the George Floyd Justice in Policing Act,
which would
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deliver meaningful accountability, improved transparency, and the
resources necessary to support community policing and build trust
between law enforcement and the communities they serve. Although that
bill is not yet law, my Administration will continue to consult with the
law enforcement and civil rights communities to achieve reforms that
advance safety, dignity, and equal justice for all Americans.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 3 through
October 9, 2021, as National Community Policing Week. I call upon law
enforcement agencies, elected officials, and all Americans to observe
this week by recognizing ways to improve public safety, build trust, and
strengthen community relationships.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10277 of October 1, 2021
Child Health Day, 2021
By the President of the United States of America
A Proclamation
Nothing is more vital to our country's future than our children's health
and well-being. Each year on Child Health Day, we reaffirm our
commitment to ensuring that every child in America has equal access to
quality and affordable health care, child care, and education so that
they can thrive and reach their full potential.
The COVID-19 pandemic has had a profound negative impact on the health
and well-being of our Nation's children. A year of isolation from
friends, extended family, and daily activities due to school closures
and remote learning, as well as the loss of loved ones to the pandemic,
has taken a tremendous toll on their mental health--and caused
significant learning loss that may never be fully redressed. Families
are also finding it harder to support their children during the
pandemic, with many struggling to pay for expenses such as food, rent,
health care, and transportation. And as scientists rigorously and
independently review COVID-19 vaccines for children under age 12, too
many of our kids returning to school--and the families they return to at
the end of each school day--face unnecessary risks because there are not
universal masking policies.
We owe it to our children to do everything in our power to support their
safe and healthy development. Because our Nation's schools play a
critical role in safeguarding our children's health and well-being, my
Administration has made it a top priority to ensure that all students
can access full-time, in-person instruction so that they can achieve
their highest aspirations. My American Rescue Plan continues to deliver
for schools--including $130 billion to ensure that every child can
safely access full-time, in-
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person instruction and that schools can mitigate the risk of COVID-19 in
the classroom. My Administration is committed to supporting school-based
health programs, which is why my American Rescue Plan also provides
States and school districts with billions of dollars for schools to
bring on additional nurses, counselors, social workers, and more to
address student needs, allowing teachers to stay focused on teaching. To
further support children's success in school, I strongly encourage
families to visit their pediatric providers for well-child visits and
immunizations--including the COVID-19 vaccine for children age 12 and
up.
My American Rescue Plan is also delivering critical resources to address
the mental health needs of children, including $1.5 billion to support
the Community Mental Health Services Block Grant, which provides much
needed services to children with serious emotional disturbances. The law
also provides $20 million to support youth suicide prevention and $30
million to expand Project AWARE, which supports wellness and resiliency
programs in educational settings. It has invested $80 million to expand
the Pediatric Mental Health Care Access Program, which provides
telehealth services for children and adolescents with mental health
conditions identified during routine visits, making mental health care
more accessible nationwide, including for young people in Tribal and
remote areas.
Additionally, the American Rescue Plan continues to deliver pandemic
relief to families through a $150 million investment in the Maternal,
Infant, and Early Childhood Home Visiting Program to improve maternal
and child health. The law also provides funding to support families with
essential emergency supplies, including diapers, food, water, and hand
sanitizer. Finally, the American Rescue Plan is lowering health
insurance premiums for millions of Americans--positioning us to cut
child poverty in America by nearly half.
We need to invest in the healthy development of all our children--and
that means helping parents with the costs of raising a family. That is
why my Administration worked hard to expand the Child Tax Credit, which
is putting money directly in the pockets of families with children each
month to help pay for food, rent, a new pair of kids' shoes, or whatever
else working parents need.
On Child Heath Day, we recommit ourselves to ensuring that our children
can live long and healthy lives. Together, we can help all of our
Nation's children stay healthy and learn, develop, and grow up to reach
their full potential.
The Congress, by a joint resolution approved May 18, 1928, as amended
(36 U.S.C. 105), has called for the designation of the first Monday in
October as Child Health Day and has requested that the President issue a
proclamation in observance of this day.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the virtue of the authority vested in me by the
Constitution and the laws of the United States, do hereby proclaim
Monday, October 4, 2021, as Child Health Day. I call upon families,
child health professionals, faith-based and community organizations, and
governments to help ensure that America's children stay safe and
healthy.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10278 of October 5, 2021
German-American Day, 2021
By the President of the United States of America
A Proclamation
Since the first Germans arrived on American soil in the 17th century in
search of religious freedom and opportunity, German-Americans have
played an essential role in the foundation and growth of our country.
Today, German-Americans make up one of the largest ancestry groups in
our country, with more than 43 million Americans of German heritage
living in the United States. Their influence has been felt in each
successive generation, and their contributions to the United States have
been innumerable. On German-American Day, we celebrate the German-
Americans who continue to enhance our Nation with their talents, skills,
knowledge, and rich cultural heritage.
The contributions of German-Americans are woven into the fabric of
America, touching our lives every day. From the Brooklyn Bridge to
airplanes, jeans to pianos, the food we eat to the beer we drink--
German-Americans have invented, built, and influenced some of the most
iconic American products and institutions. Generations of German-
Americans have served our Nation as first responders, public servants,
scientists, entrepreneurs, farmers and ranchers, authors, and athletes
among many other occupations.
The strong ties between the people of America and Germany that have
arisen since the end of World War II reflect the common bonds our
countries enjoy. We remain committed to the shared democratic values and
institutions that have shaped our nations and our economies. Earlier
this year, the United States and Germany signed the Washington
Declaration, reaffirming the democratic principles that underpin our
steadfast commitment to bilateral cooperation in promoting peace,
security, and prosperity around the world. The United States and Germany
are inseparable allies.
On German-American Day, we celebrate our Nation's German-American
heritage and recognize the contributions both past and present of
German-Americans across our country.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim October 6, 2021, as German-American Day.
I urge all Americans to celebrate the rich and varied history of German-
Americans and remember the many contributions they have made to our
Nation.
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IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10279 of October 8, 2021
National School Lunch Week, 2021
By the President of the United States of America
A Proclamation
Since 1946, the National School Lunch Program has provided nutritionally
balanced, low-cost or no-cost lunches in our schools, improving our
children's health and well-being. School meals are one of the most
powerful ways in which our Nation promotes health and ensures children
receive the nutritious food they need to be successful in the classroom.
Today, tens of millions of children participate in the program. During
National School Lunch Week, we recognize the integral role the National
School Lunch Program plays in contributing to student health, reducing
child hunger, and supporting American agriculture.
The COVID-19 pandemic has amplified the importance of the National
School Lunch Program for millions of children who rely on school meals.
During the darkest days of the pandemic when businesses closed, people
lost their jobs, and millions of Americans turned to food banks to feed
their families, school meals remained a consistent source of quality
nutrition.
My Administration is dedicated to nutrition, food security, and ensuring
that school meals are accessible to all children. This includes a
commitment to providing safe, healthy meals free of charge to children,
especially as the pandemic continues to compromise the food and
nutrition security of our most vulnerable students. To help the millions
of families who struggled to provide meals for their children during the
pandemic, the American Rescue Plan provided additional emergency food
and nutrition assistance for those in need.
School meals would not be possible without the remarkable work of our
Nation's farmers and food producers. This year, my Administration
awarded $12 million in Farm to School Grants to 176 grantees--the most
projects the Federal Government has funded since the program began in
2013. These grants increase access to locally produced foods, enhance
agricultural education for students, and support local farmers. Strong
partnership with local farmers is key to our efforts to improve
nutrition security and increase access to healthy foods in schools.
During National School Lunch Week, we show our appreciation to our local
farmers who supply the foods that keep our children well-nourished and
ready to learn.
During National School Lunch Week, we also honor the commitment and
dedication of the school nutrition professionals who have gone above and
beyond to continue providing meals to students despite the continuing
challenges of a once-in-a-century pandemic. They have continually found
new and creative ways to meet the moment and ensure that students who
depend on school meals for nourishment are able to grow and thrive.
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The Congress, by joint resolution of October 9, 1962 (Public Law 87-
780), as amended, has designated the week beginning on the second Sunday
in October each year as ``National School Lunch Week'' and has requested
the President to issue a proclamation in observance of this week.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 10 through
October 16, 2021, as National School Lunch Week. I call upon all
Americans to recognize and commemorate all those who operate the
National School Lunch Program with activities that raise awareness of
the steadfast efforts in supporting the health and well-being of our
Nation's children.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10280 of October 8, 2021
Leif Erikson Day, 2021
By the President of the United States of America
A Proclamation
The voyage of Leif Erikson and his valiant crew--bold explorers from
Scandinavia, believed to have been the first Europeans to reach the
shores of North America--has been a source of inspiration to Nordic
Americans for generations. Although they made landfall more than a
millennium ago, their historic journey still embodies the spirit of
exploration and the ongoing contributions of Nordic Americans to the
diversity of our great Nation.
Eight centuries after Leif Erikson's expedition, on October 9, 1825, six
Norwegian families arrived in New York City in search of freedom and
opportunity. This first group of organized Norwegian immigrants to the
United States blazed a new path that fellow Norwegians--as well as
Danes, Finns, Icelanders, and Swedes--soon followed, establishing
communities in the Great Lakes States, in the northern Great Plains, in
enclaves among northern United States cities, and elsewhere across our
country. These Northern European settlers have become part of America's
rich tapestry, and through service, sacrifice, and countless
contributions they have fortified America's culture, society, and
economy.
Today, more than 11 million Americans proudly trace their ancestry to
Nordic countries. Nordic Americans are leaders in our communities--
public officials serving their constituents, law enforcement officers
and service members defending our Nation, doctors and nurses, educators,
artists, essential workers leading us through the pandemic, visionaries
creating new businesses, and so many other important roles. Our Nation
is stronger and more dynamic because of the contributions of Nordic
Americans. On Leif Erikson Day, we express our appreciation for the many
contributions of Nordic Americans, who have enhanced American society
and strengthened our cultural diversity.
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While the great era of Scandinavian immigration occurred more than a
century ago, the legacy of Nordic immigrants endures, along with the
values and interests we share with their original homelands--including
increasing opportunity for all and recognizing the inherent dignity of
every human being. We share mutual commitments to democracy, freedom,
human rights, rule of law, security, and prosperity, and Nordic
countries remain some of our most reliable military allies and economic
partners, helping us meet the shared challenges of our time. The United
States greatly values our continued friendship.
To honor Leif Erikson, son of Iceland and grandson of Norway, and to
celebrate our Nordic-American heritage, the Congress, by joint
resolution (Public Law 88-566) approved on September 2, 1964, has
authorized the President of the United States to proclaim October 9th of
each year as ``Leif Erikson Day.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 9, 2021,
as Leif Erikson Day. I call upon all Americans to celebrate the
contributions of Nordic Americans to our Nation with appropriate
ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10281 of October 8, 2021
Columbus Day, 2021
By the President of the United States of America
A Proclamation
More than 500 years ago, after securing the support of Queen Isabella I
and King Ferdinand II, Christopher Columbus launched the Ni[ntilde]a,
the Pinta, and the Santa Maria from the coast of Spain in 1492. While he
intended to end his quest in Asia, his 10-week journey instead landed
him on the shores of the Bahamas, making Columbus the first of many
Italian explorers to arrive in what would later become known as the
Americas.
Many Italians would follow his path in the centuries to come, risking
poverty, starvation, and death in pursuit of a better life. Today,
millions of Italian Americans continue to enrich our country's
traditions and culture and make lasting contributions to our Nation--
they are educators, health care workers, scientists, first responders,
military service members, and public servants, among so many other vital
roles.
Today, we also acknowledge the painful history of wrongs and atrocities
that many European explorers inflicted on Tribal Nations and Indigenous
communities. It is a measure of our greatness as a Nation that we do not
seek to bury these shameful episodes of our past--that we face them
honestly, we bring them to the light, and we do all we can to address
them.
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For Native Americans, western exploration ushered in a wave of
devastation: violence perpetrated against Native communities,
displacement and theft of Tribal homelands, the introduction and spread
of disease, and more. On this day, we recognize this painful past and
recommit ourselves to investing in Native communities, upholding our
solemn and sacred commitments to Tribal sovereignty, and pursuing a
brighter future centered on dignity, respect, justice, and opportunity
for all people.
In commemoration of Christopher Columbus's historic voyage 529 years
ago, the Congress, by joint resolution of April 30, 1934, and modified
in 1968 (36 U.S.C. 107), as amended, has requested the President
proclaim the second Monday of October of each year as ``Columbus Day.''
Today, let this day be one of reflection--on America's spirit of
exploration, on the courage and contributions of Italian Americans
throughout the generations, on the dignity and resilience of Tribal
Nations and Indigenous communities, and on the work that remains ahead
of us to fulfill the promise of our Nation for all.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim October 11, 2021, as Columbus Day. I
direct that the flag of the United States be displayed on all public
buildings on the appointed day in honor of our diverse history and all
who have contributed to shaping this Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10282 of October 8, 2021
General Pulaski Memorial Day, 2021
By the President of the United States of America
A Proclamation
On General Pulaski Memorial Day, we honor Brigadier General Casimir
Pulaski, a Polish-born hero of the American Revolution, who gave his
life 242 years ago in defense of our cause to establish a free and
independent Nation. Known as the ``Father of the American Cavalry'' for
his leadership and military skills, General Pulaski's service and
sacrifice remain a shining example of the countless contributions that
immigrants have made to help build our great Nation.
Today, General Pulaski's legacy and contributions to our democracy are
honored by more than 9 million Polish-Americans in communities across
our country. Polish-Americans have played an integral role in the growth
of our Nation--defending our country in uniform, protecting our
communities as first responders, starting new businesses and growing our
economy, educating the next generation of American leaders, working on
the front lines of the pandemic, and creating art that inspires us, to
name just a few examples.
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In 1929, the Congress recognized General Pulaski's enduring impact on
American society by declaring October 11, ``General Pulaski Memorial
Day.'' Eighty years later, the Congress granted him honorary United
States citizenship. Today, States, cities, and communities all across
our Nation celebrate the memory of General Casimir Pulaski at parks,
schools, and landmarks that bear his name--serving as a reminder of his
heroism and the sacrifice he made in defense of our newly formed Nation.
On this day, we celebrate the life of General Casimir Pulaski and the
ideals and democratic values for which he bravely gave his life--values
shared by the United States and Poland, which underpin the enduring bond
of friendship between our countries.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 11, 2021,
as ``General Pulaski Memorial Day.'' I encourage all Americans to
commemorate this occasion with appropriate programs and activities
paying tribute to General Casimir Pulaski and honoring all those who
defend the freedom of our great Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10283 of October 8, 2021
Indigenous Peoples' Day, 2021
By the President of the United States of America
A Proclamation
Since time immemorial, American Indians, Alaska Natives, and Native
Hawaiians have built vibrant and diverse cultures--safeguarding land,
language, spirit, knowledge, and tradition across the generations. On
Indigenous Peoples' Day, our Nation celebrates the invaluable
contributions and resilience of Indigenous peoples, recognizes their
inherent sovereignty, and commits to honoring the Federal Government's
trust and treaty obligations to Tribal Nations.
Our country was conceived on a promise of equality and opportunity for
all people--a promise that, despite the extraordinary progress we have
made through the years, we have never fully lived up to. That is
especially true when it comes to upholding the rights and dignity of the
Indigenous people who were here long before colonization of the Americas
began. For generations, Federal policies systematically sought to
assimilate and displace Native people and eradicate Native cultures.
Today, we recognize Indigenous peoples' resilience and strength as well
as the immeasurable positive impact that they have made on every aspect
of American society. We also recommit to supporting a new, brighter
future of promise and equity for Tribal Nations--a future grounded in
Tribal sovereignty and respect for the human rights of Indigenous people
in the Americas and around the world.
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In the first week of my Administration, I issued a memorandum
reaffirming our Nation's solemn trust and treaty obligations to American
Indian and Alaska Native Tribal Nations and directed the heads of
executive departments and agencies to engage in regular, meaningful, and
robust consultation with Tribal officials. It is a priority of my
Administration to make respect for Tribal sovereignty and self-
governance the cornerstone of Federal Indian policy. History
demonstrates that Native American people--and our Nation as a whole--are
best served when Tribal governments are empowered to lead their
communities and when Federal officials listen to and work together with
Tribal leaders when formulating Federal policy that affects Tribal
Nations.
The contributions that Indigenous peoples have made throughout history--
in public service, entrepreneurship, scholarship, the arts, and
countless other fields--are integral to our Nation, our culture, and our
society. Indigenous peoples have served, and continue to serve, in the
United States Armed Forces with distinction and honor--at one of the
highest rates of any group--defending our security every day. And Native
Americans have been on the front lines of the COVID-19 pandemic, working
essential jobs and carrying us through our gravest moments. Further, in
recognition that the pandemic has harmed Indigenous peoples at an
alarming and disproportionate rate, Native communities have led the way
in connecting people with vaccination, boasting some of the highest
rates of any racial or ethnic group.
The Federal Government has a solemn obligation to lift up and invest in
the future of Indigenous people and empower Tribal Nations to govern
their own communities and make their own decisions. We must never forget
the centuries-long campaign of violence, displacement, assimilation, and
terror wrought upon Native communities and Tribal Nations throughout our
country. Today, we acknowledge the significant sacrifices made by Native
peoples to this country--and recognize their many ongoing contributions
to our Nation.
On Indigenous Peoples' Day, we honor America's first inhabitants and the
Tribal Nations that continue to thrive today. I encourage everyone to
celebrate and recognize the many Indigenous communities and cultures
that make up our great country.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim October 11, 2021, as Indigenous Peoples'
Day. I call upon the people of the United States to observe this day
with appropriate ceremonies and activities. I also direct that the flag
of the United States be displayed on all public buildings on the
appointed day in honor of our diverse history and the Indigenous peoples
who contribute to shaping this Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10284 of October 8, 2021
International Day of the Girl, 2021
By the President of the United States of America
A Proclamation
The growth and development of the world's economies, institutions, and
nations rest on all girls having equal rights and opportunities.
Ensuring that girls can reach their full potential is not just a moral
imperative, it is a strategic one as well. The status of women and the
peace and prosperity of nations are inextricably linked. When girls do
well, we all do well. When we invest in the education of girls, our
communities are healthier and our economies are stronger. When we
empower girls to lead, our peace processes, global health and
humanitarian efforts, and climate negotiations are more sustainable and
resilient. When we invest in women- and girl-led movements, our
democracies grow more stable and more prosperous. On this International
Day of the Girl, we commit ourselves to ensuring opportunity and
equality for all girls.
Girls across our Nation and the world face gender bias and
discrimination, subjecting them to harmful circumstances that impede
their safety, stability, education, and opportunity. This has been
especially true during the COVID-19 pandemic, which has upended the
lives of too many girls around the globe, exacerbating disparities and
underscoring what we have long known: that during times of crisis,
girls--especially girls of color and those from underserved and low-
income communities--face disproportionate challenges.
In the United States, girls contend with entrenched barriers to
achieving gender equity. Despite Title IX protections, girls continue to
lack equal opportunity and resources in education and leadership, and
gender stereotypes continue to inhibit their participation in science,
technology, engineering, and mathematics (STEM) education, undermining
their access to the stable and good-paying jobs. Girls' education is
further undermined by the threat of sexual assault, harassment, and
other forms of gender-based violence, with 1-in-4 young women on college
campuses today facing sexual assault. Girls of color and girls from
underserved communities contend with additional longstanding
disparities. Black girls experience disproportionate rates of school
discipline and are overrepresented in our juvenile justice system.
LGBTQI+ girls face elevated rates of gender-based violence and are
subject to bullying, harassment, and online abuse. Transgender girls are
increasingly excluded from sports and equal access to school facilities.
Girls with disabilities face inequitable access to education.
Globally, girls confront persistent and structural barriers that impede
their full participation. Even before the COVID-19 pandemic, 130 million
girls across the world were not in school, and today, there are an
additional 11 million girls who have been forced to stop their
education, undermining future economic growth, health, and development.
An estimated 33,000 girls are made to enter into child, early, or forced
marriages every day, fueling an intergenerational cycle of poverty that
is difficult to break. Girls face a range of other challenges, from
harmful practices like female genital cutting to unintended pregnancy
and from discriminatory laws and exclusion from civic and political
processes to concerns about safety, harassment, and
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sexual assault. Too often, social norms that ascribe low value to girls'
lives functionally limit their rights and opportunities across public
and private life.
The COVID-19 pandemic has worsened preexisting public health, economic,
political, and caregiving crises, which disproportionately impact girls
worldwide. As health systems become more strained, girls face increased
barriers to accessing basic health care. In many parts of the world,
those who are part of vulnerable and marginalized communities continue
to face challenges in accessing routine childhood immunizations,
preventative screenings, and sexual and reproductive health services. As
schools closed, caregiving burdens fell on girls across the globe, and
girls were often significantly less likely to have access to the devices
required for virtual schooling due to a global digital gender divide.
Many countries have also reported a rise in rates of gender-based
violence, both offline and online, including against female journalists,
activists, and leaders who are being further excluded from critical
rebuilding efforts. The mental health of girls--who already
disproportionately face high incidence of reported anxiety and other
mental health issues--is also suffering. We have also seen an increase
in visits to emergency rooms of teenage girls across our Nation for
reasons related to self-harm, including suicide attempts. An essential
part of building back better must be elevating the status of girls as we
address these shared crises.
On this International Day of the Girl, our Nation stands firmly and
proudly in our commitment to protecting and advancing the rights of
girls, in all their diversity, both at home and abroad. That is why,
earlier this year, I signed an Executive Order to establish the White
House Gender Policy Council and ensure a whole-of-government approach to
advancing gender equity and equality. This month my Administration will
release the first-ever United States Government National Gender
Strategy, outlining our vision and our priorities to advance equal
opportunity for people of all genders. From combating gender
discrimination in education and preventing gender-based violence offline
and online, to increasing pathways to STEM and promoting gender parity
and diversity in leadership and democratic processes, my Administration
will work to empower girls in every facet of life. And by recognizing
the constraints that gender-based violence places on the lives of
millions of girls around the world, we will also develop the first-ever
United States National Action Plan on Gender-Based Violence and update
the United States' Strategy to Prevent and Respond to Gender-Based
Violence Globally.
Our vision for the future is one where every girl can live free from
violence, discrimination, and bias. We are committed to a future where
girls can dream boldly and lead ambitiously as heads of families,
communities, corporations, and governments; where their voices are not
only heard, but amplified; and where they can lead the charge against
21st century challenges, drive innovation, and compete and succeed in
the workforce of the future.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 11, 2021,
as International Day of the Girl. I call upon the people of the United
States
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to observe this day with programs, ceremonies, and activities that
advance equality and opportunity for girls everywhere.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10285 of October 8, 2021
Bears Ears National Monument
By the President of the United States of America
A Proclamation
President Barack Obama's establishment of the Bears Ears National
Monument in Proclamation 9558 of December 28, 2016, represented the
culmination of more than a century of efforts to protect the ancestral
homeland of Tribal Nations that all refer to the area by the same name--
Hoon'Naqvut (Hopi), Shash Jaa' (Navajo), Kwiyagatu Nukavachi (Ute), and
Ansh An Lashokdiwe (Zuni): Bears Ears. Preserving the sacred landscape
and unique cultural resources in the Bears Ears region was an impetus
for passage of the Antiquities Act in 1906. As early as 1904, advocates
for protection of cultural landscapes described for the Congress the
tragedy of the destruction of objects of historic and scientific
interest across the American Southwest and identified the Bears Ears
region as one of seven areas in need of immediate protection.
Nevertheless, for more than 100 years, indigenous people, historians,
conservationists, scientists, archaeologists, and other groups advocated
unsuccessfully for protection of the Bears Ears landscape. It was not
until the Hopi Tribe, Navajo Nation, Ute Indian Tribe of the Uintah and
Ouray Reservation, Ute Mountain Ute Tribe, and Pueblo of Zuni united in
a common vision to protect these sacred lands and requested permanent
protection from President Obama that Bears Ears National Monument became
a reality. Few national monuments more clearly meet the Antiquities
Act's criteria for protection than the Bears Ears Buttes and surrounding
areas. This proclamation confirms, restores, and supplements the
boundaries and protections provided by Proclamation 9558, including the
continued reservation of land added to the monument by Proclamation 9681
of December 4, 2017.
As Proclamation 9558 recognizes, the greater Bears Ears landscape,
characterized by deep sandstone canyons, broad desert mesas, towering
monoliths, forested mountaintops dotted with lush meadows, and the
striking Bears Ears Buttes, has supported indigenous people of the
Southwest from time immemorial and continues to be sacred land to the
Hopi Tribe, Navajo Nation, Ute Indian Tribe of the Uintah and Ouray
Reservation, Ute Mountain Ute Tribe, and Pueblo of Zuni. Approximately
two dozen other Tribal Nations and Pueblos have cultural ties to the
area as well.
Describing as much as 13,000 years of human occupation of the Bears Ears
landscape, Proclamation 9558 contextualizes the compelling need to
protect one of the most extraordinary cultural landscapes in the United
States. The proclamation describes the landscape's unique density of
significant
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cultural, historical, and archaeological artifacts spanning thousands of
years, including remains of single family homes, ancient cliff
dwellings, large villages, granaries, kivas, towers, ceremonial sites,
prehistoric steps cut into cliff faces, and a prehistoric road system
that connected the people of Bears Ears to each other and possibly
beyond. Proclamation 9558 also describes the cultural significance and
importance of the area, exemplified by the petroglyphs, pictographs, and
recent rock writings left by the indigenous people that have inhabited
the area since time immemorial.
In addition to cultural and historic sites, Proclamation 9558 describes
the Bears Ears landscape's unique geology, biology, ecology,
paleontology, and topography. The proclamation identifies geologic
formations rich with fossils that provide a rare and relatively complete
picture of the paleoenvironment, striking landscapes, unique landforms,
and rare and important plant and animal species. While not objects of
historic and scientific interest designated for protection, the
proclamation also describes other resources in the area, historic
grazing, and world class outdoor recreation opportunities--including
rock climbing, hunting, hiking, backpacking, canyoneering, whitewater
rafting, mountain biking, and horseback riding--that support a booming
travel and tourism sector that is a source of economic opportunity for
local communities.
To protect this singular and sacred landscape, President Obama reserved
approximately 1.35 million acres through Proclamation 9558 as the
smallest area compatible with protection of the objects identified
within the boundaries of the monument. He also established the Bears
Ears Commission to ensure that management of the monument would be
guided by, and benefit from, expertise of Tribal Nations and traditional
and historical knowledge of the area.
On December 4, 2017, President Donald Trump issued Proclamation 9681 to
reduce the lands within the monument by more than 1.1 million acres. In
doing so, Proclamation 9681 removes protection from objects of historic
and scientific interest across the Bears Ears landscape, including some
objects that Proclamation 9558 specifically identifies by name for
protection. Multiple parties challenged Proclamation 9681 in Federal
court, asserting that it exceeds the President's authority under the
Antiquities Act.
Restoring the Bears Ears National Monument honors the special
relationship between the Federal Government and Tribal Nations,
correcting the exclusion of lands and resources profoundly sacred to
Tribal Nations, and ensuring the long-term protection of, and respect
for, this remarkable and revered region. Given the unique nature and
cultural significance of the objects identified across the Bears Ears
landscape, the threat of damage and destruction to those objects, their
spiritual, cultural, and historical significance to Tribal Nations, and
the insufficiency of the protections afforded in the absence of
Antiquities Act protections, the reservation described below is the
smallest area compatible with the proper care and management of the
objects of historic and scientific interest named in this proclamation
and Proclamation 9558.
The Bears Ears landscape--bordered by the Colorado River to the west,
the San Juan River and the Navajo Nation to the south, low bluffs and
high mesas to the east and north, and Canyonlands National Park to the
northwest, and brimming with towering sandstone spires, serpentine
canyons, awe-inspiring natural bridges and arches, as well as the famous
twin Bears
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Ears Buttes standing sentinel over the sacred region--is not just a
series of isolated objects, but is, itself, an object of historic and
scientific interest requiring protection under the Antiquities Act.
Bears Ears is sacred land of spiritual significance, a historic
homeland, and a place of belonging for indigenous people from the
Southwest. Bears Ears is a living, breathing landscape, that--owing to
the area's arid environment and overall remoteness, as well as the
building techniques that its inhabitants employed--retains remarkable
and spiritually significant evidence of indigenous use and habitation
since time immemorial, including from the Paleoindian Period, through
the time of the Basketmakers and Ancestral Pueblos, to the more recent
Navajo and Ute period, and continuing to this day. There are innumerable
objects of historic or scientific interest within this extraordinary
landscape. Some of the objects are also sacred to Tribal Nations, are
sensitive, rare, or vulnerable to vandalism and theft, or are dangerous
to visit and, therefore, revealing their specific names and locations
could pose a danger to the objects or the public. The variety, density,
and prevalence of these objects, such as prehistoric roads, structures,
shrines, ceremonial sites, graves, pots, baskets, tools, petroglyphs,
pictographs, and items of clothing, all contribute to the uniqueness of
this region and underscore its sacred nature and living spiritual
significance to indigenous people.
Many of the Tribal Nations that trace their ancestral origin to this
area and continue their spiritual practices on these lands today view
Bears Ears as a part of the personal identity of their members and as a
cultural living space--a landscape where their traditions began, where
their ancestors engaged in and handed down cultural practices, and where
they developed and refined complex protocols for caring for the land.
The Bears Ears region is also a tangible location that is integral to
indigenous ceremonial practices, cultural traditions, and the
sustainment of the daily lives of indigenous peoples. Since time
immemorial, the lands of the Bears Ears region have fostered indigenous
identity and spirituality. Indigenous people lived, hunted, gathered,
prayed, and built homes in the Bears Ears region. As a result, each
geographic subregion and the mountains, canyons, mesa tops, ridges,
rivers, and streams therein that make up the Bears Ears landscape hold
cultural significance. These individual locales come together as objects
of historic and scientific interest--many of which have spiritual
significance to indigenous people and are located across this living
landscape--to tell stories, facilitate the practice of traditions, and
serve as a mnemonic device that elders use to teach younger generations
where they came from, who they are, and how to live. Resources found
throughout the Bears Ears region, including wildlife and plants that are
native to the region, continue to serve integral roles in the
development and practice of indigenous ceremonial and cultural lifeways.
From family gatherings, dances, and ceremonies held on these sacred
lands, to gathering roots, berries, firewood, pinon nuts, weaving
materials, and medicines across the region, Bears Ears remains an
essential landscape that members of Tribal Nations regularly visit to
heal, practice their spirituality, pray, rejuvenate, and connect with
their history.
The Bears Ears region is also important to, and shows recent evidence
of, non-Native migrants to the area. From the smoothed-over surfaces of
the Hole-in-the-Rock Trail to the historic cattle-ranching cabins, and
the convoluted series of passages and hideouts used by men like Butch
Cassidy, the Sundance Kid, and other members of the Wild Bunch on the
Outlaw
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Trail, including Hideout Canyon, the Bears Ears landscape conveys the
story of westward expansion of European Americans and the settlement of
Latter-day Saint communities in southern Utah. Hispanic sheep herders
from New Mexico also migrated into this area during the late 1800s, and
many of their descendants continue to live in local communities.
Despite millennia of human habitation, the Bears Ears landscape remains
one of the most ecologically intact and least-roaded regions in the
contiguous United States. As a result, the area continues to provide
habitat to a variety of threatened, endangered, sensitive, endemic, or
otherwise rare species of wildlife, fish, and plants. The area also
contains a diverse array of species that benefit from the preservation
of the landscape's intact ecosystems.
The Bears Ears landscape also tells the stories of epochs past. The
area's exposed geologic formations provide a continuous record of
vertebrate life in North America as well as a rich history of
invertebrate fossils. The Chinle Formation, and the Wingate, Kayenta,
and Navajo Formations above it, demonstrate how the Triassic Period
transitioned into the Jurassic Period and provide critical insight into
both how dinosaurs dominated terrestrial ecosystems and how our
mammalian ancestors evolved. The discovery of several taxa, including a
prosauropod that gets its name from a Navajo word tied to the region
where it was found, the archosauromorph Crosbysaurus harrisae, and a
unique phytosaur, have occurred exclusively within Bears Ears or have
significantly extended an extinct species' known range. While
paleontologists have only recently begun to systematically survey and
study much of the fossil record in this region, experts are confident
that scientifically important paleontological resources remain to be
discovered, and future exploration will greatly expand our understanding
of prehistoric life on the Colorado Plateau.
The landscape itself is composed of several areas, each of which is
unique and an object of scientific and historic interest requiring
protection under the Antiquities Act. Near the center is the Bears Ears
Buttes and Headwaters, the location of the iconic twin buttes, which
soar over the surrounding landscape and maintain watch over the
ancestral home of numerous Tribal Nations. Containing dense fir and
aspen forests that provide firewood to heat homes as well as powerful
medicines and habitat for wild game species, Tribal Nations view the
high elevation oasis as the key to life in the Bears Ears region. The
Bears Ears Buttes also hold historical significance to the Navajo
people, as the landscape and natural cliff dwellings served as hiding
places to escape the United States military during the forced Long Walk,
where more than 11,000 Navajo were marched up to 450 miles on foot to
internment camps in Fort Sumner, New Mexico. Many Navajo hid in the
remote canyons to avoid the forced removal from their traditional
homelands in the Southwest by the United States from 1864 to 1868.
In the northern part of the Bears Ears landscape lies Indian Creek, the
home of a world-renowned canyon characterized by sheer red cliffs and
spires of exposed and eroded layers of Navajo, Kayenta, Wingate, and
Cedar Mesa Sandstone, including the iconic North and South Six-Shooter
Peaks. The canyon includes famous vertical cracks striating its
sandstone walls and the area provides important habitat for a multitude
of plant and
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animal species. Indian Creek's palisades provide eyries for peregrine
falcons and potential nesting sites for bald and golden eagles, and the
Lockhart Basin area and Donnelly Canyon contain Mexican spotted owl
habitat. The Indian Creek area further provides critical winter grounds
for big-game species such as mule deer, elk, and bighorn sheep and
potential habitat for endangered fish and threatened plant species. The
prominent Bridger Jack and Lavender Mesas are home to largely unaltered
relict plant communities composed of pinyon-juniper woodlands
interspersed with small sagebrush islands. It is also in Indian Creek
that one can find Newspaper Rock, a massive petroglyph panel displaying
a notable concentration of rock writings from persons of the Basketmaker
and Ancestral Pueblo periods, the Ute and Navajo people who still live
in the Four Corners area and beyond, and early settlers of European
descent. Indian Creek also contains possible evidence of trade with
cultures extending into Mesoamerica, including a thousand-year-old
ornamental sash found in the area made from azure and scarlet macaw
feathers as well as a petroglyph featuring a macaw-like bird figure.
Shay Canyon is a side canyon that houses extensive, well-preserved
petroglyph panels from multiple prehistoric periods. The panels contain
a unique rock writing style that is believed to be both Freemont and
Ancestral Pueblo in origin. Harts Point is an escarpment that provides
spectacular views of the Indian Creek Canyon. These mesa tops also
contain evidence of historic connections of indigenous people to the
region. Additionally, Indian Creek provides fossilized trackways of
early tetrapods and fossilized traces of marine and aquatic creatures
such as clams, crayfish, fish, and aquatic reptiles dating to the
Triassic Period.
Southwest of Indian Creek and geographically nestled between the Needles
District of Canyonlands National Park, the Dark Canyon Wilderness area,
and the Glen Canyon National Recreation Area, lie Beef Basin and Fable
Valley, areas characterized by well-preserved Ancestral Pueblo surface
sites--including freestanding Pueblo masonry structures and towers--as
well as petroglyphs and pictographs. The areas are unique in their high
concentration of large, mesa-top Pueblo structures. Sites in this region
may also provide evidence of some of the furthest north migration of
Pueblo in the Mesa Verde region.
Just south of Indian Creek, the westernmost edge of the Abajo Mountains
forms the eastern boundary of the Bears Ears landscape. An island
laccolith series of peaks and domes known also as the Blue Mountains due
to the appearance of their heavily forested slopes contrasted against
the red desert that surrounds them, the Abajo Mountains are rich in
wildlife and home to several rare and sensitive plant species. As a
result of the breadth of species, the Abajo Mountains have long been a
traditional hunting ground for the indigenous people that have lived in
the area and are held sacred by a number of Tribal Nations, including
the Navajo Nation, Pueblo of Zuni, and Ute Indian Tribes. These peaks
represent the highest elevations in the Bears Ears landscape and provide
unbroken views of the entire region.
South of Beef Basin and Indian Creek, the landscape contains a number of
sandstone canyons that drain the northern edge of the Abajo Mountains
and Elk Ridge, including the Tuerto, Trough, Ruin, and North Cottonwood
Canyons, at the bottom of which runs a perennial creek. Ancestral Pueblo
sites within this area have special significance to the Pueblos of New
Mexico, who identify these sites as part of their ancestral footprints
that extend their traditional territory north of the Abajo Mountains.
The area, which is
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composed of both Cedar Mesa Sandstone and Chinle Formation deposits, has
a very high potential for Permian and Triassic fossils.
The South Cottonwood Canyon region, characterized by prominent sandstone
escarpments surrounded by forests of pinyon, juniper, and Gambel oak,
interspersed with stands of ponderosa pine and mixed conifers, is
situated west of the Abajo Mountains and south of the prominent
sandstone towers known as the Chippean Rocks. The isolated area contains
intact cultural landscapes of early Ancestral Pueblo communities. Some
sites are organized as a larger central village surrounded by smaller
family-sized dwellings, while others are large and inaccessible
granaries. This region is home to a diversity of wildlife, including
Townsend's big-eared bats, beavers, and ringtail cats, as well as the
Cliff Dwellers Pasture Research Natural Area, an ungrazed box canyon
with a unique vegetative community and an imposing sandstone arch and
natural bridge. The area also contains excellent big game habitat and is
considered prime mule deer, elk, and black bear hunting grounds.
Further west, South Cottonwood Canyon is home to a unique density of
Pueblo I to early Pueblo II village sites that are considered important
to both archaeologists and Tribal Nations. One site, a collapsed two-
story block masonry structure that appears to be an early version of a
great house, was built during a time when the development of this kind
of community structure was only beginning in Chaco Canyon. More
recently, the South Cottonwood Canyon area proved critical to the
survival of the White Mesa Ute during Anglo settlement of southern Utah.
Paleontologically, there is high potential fossil yield on both the west
side of the area, which contains portions of the Triassic Period Chinle
and Moenkopi Formations, and the east side, which is composed of
Jurassic Period Glen Canyon Group Kayenta Formation. The area also
provides critical habitat for Mexican spotted owls, peregrine falcons,
golden eagles, and spotted bats.
The Dark Canyon, Dry Mesa complex, located between Beef Basin and White
Canyon, is wild and remote. In Dark Canyon--a canyon system that
includes Peavine, Woodenshoe, and other minor tributaries--rock walls,
which tower 3,000 feet above the canyon floor, provide a sense of
solitude and isolation from the surrounding mesa tops. The canyon
system, one of the only entirely intact and protected canyons from its
headwaters on the Colorado Plateau to its confluence with the Colorado
River, includes numerous hanging gardens, springs, and riparian areas
and provides habitat for a wide range of wildlife, including known
populations of Mexican spotted owl. Dry Mesa is relatively flat with
stands of ponderosa pine, oak, and pinyon and juniper that provide
foraging habitat for golden eagles and peregrine falcons. Many Tribal
Nations have strong connections to sites in the area from three specific
time periods: ancient hunter-gatherers during the Archaic period,
Ancestral Pueblos during the Pueblo III period, and finally, Navajo,
Ute, and Paiute families just before and during European migration into
the Four Corners area. Visitors to the Dark Canyon Wilderness area will
find the Doll House, a fully-intact and well-preserved single-room
granary. Located at the bottom of Horse Pasture Canyon and Dark Canyon,
visitors will also find Scorup Cabin, a line cabin originally built in
Rig Canyon and later moved to its current location, that cowboys used as
a summer camp while running cattle in the area. The area also contains
exposures of Permian Period Cutler Group deposits that have a high
potential to contain both vertebrate and invertebrate fossils.
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The White Canyon region, west of Dark Canyon, is a remote area featuring
an extensive complex of steep and narrow canyons cut through light-
colored Cedar Mesa Sandstone. Once used by outlaws to evade authorities,
the area's slot canyons, including the Black Hole, Fry Canyon, and
Cheesebox Canyon, now draw adventurers in search of multi-day, technical
canyoneering opportunities. The entire White Canyon area has a rich
paleontological history. Research in the area is ongoing, but recent
discoveries of track sites in the Triassic Moenkopi Formation and an
assemblage of invertebrate burrows suggest that a diverse fauna once
thrived here. Mollusks, phytosaurs, and possible theropod and
ornithischian fossils have also been found in White Canyon.
Located between the Abajo Mountains and the Colorado River, the high
plateau of Elk Ridge provides stunning views of the surrounding canyons
and the Bears Ears Buttes to the south. Visitors passing through the
Notch, a naturally occurring narrow pass between north and south Elk
Ridge, are treated to spectacular vistas of Dark Canyon to the west and
Notch Canyon to the east. The area's higher elevations, which contain
pockets of ancient Engelmann spruce, rare stands of old-growth ponderosa
pine, aspen, and subalpine fir, and a genetically distinct population of
Kachina daisy, provide welcome respite from the higher temperatures
found in the region's lower elevations, especially during the summer.
There is evidence that indigenous people have hunted and gathered plants
on Elk Ridge for at least 8,000 years, a practice that continues today
and is considered sacred by the Navajo Nation. Elk Ridge also has a long
history of livestock grazing by Navajo and Ute families and later Anglo
settlers. While the mesa top is primarily dry, water naturally occurs at
the area's seeps and springs, as well as the ephemeral Duck Lake, a
seasonal wetland located on top of Elk Ridge that results from snowmelt.
The upper reaches of the ridge also contain Upper Triassic formations
with a high potential to contain fossils.
To the east of Elk Ridge lies a major system of canyons on National
Forest System lands, including Hammond Canyon, Upper Arch Canyon, Texas
Canyon, and Notch Canyon. This deeply incised canyon system is composed
of stunning red sandstone walls, white pinnacles, lush green foliage,
and several small waterfalls. Uniquely, the area also contains large
sandstone towers and hoodoos in a forested setting. The Hammond Canyon
area, which is central to the history of the White Mesa Utes, contains
numerous Ancestral Pueblo sites, including cliff dwellings. Hammond
Canyon also contains an Ancestral Pueblo village with structures and
pottery from multiple Ancestral Pueblo periods. High fossil potential
exists in both the Upper Triassic and Lower Jurassic Glen Canyon
Sandstone of Hammond Canyon's lower half as well as the Permian Period
Cedar Mesa Sandstone found in its upper half.
Just south of Elk Ridge, Arch Canyon is a 12-mile long box canyon
containing numerous arches, including Cathedral Arch, Angel Arch, and
Keystone Arch. The area is teeming with fossilized remains, including
numerous specimens from the Permian and Upper Permian eras. Cliff
dwellings and hanging gardens are located throughout the canyon. Arch
Canyon Great House, which spans the Pueblo II and III periods and
contains pictographs and petroglyphs ranging from the Archaic to the
historic periods, is located at the canyon's mouth. A perennial stream
that provides potential habitat for sensitive fish species and for the
threatened Navajo sedge is located in the canyon's bottom.
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Mule Canyon, a 500-foot deep, 5-mile long chasm, is situated northeast
of the Fish Creek area and southeast of the Bears Ears Buttes.
Throughout the canyon, cliff dwellings and other archaeological sites
are sheltered by rock walls composed of alternating layers of red and
white sandstone. Among those are the stunning House on Fire, which has
different masonry styles that indicate several episodes of construction
and use. The area's rich archaeological history is also evidenced on the
nearby tablelands, where the Mule Canyon Village site allows visitors to
view the exposed masonry walls of ancient living quarters and a
partially restored kiva. Recent research suggests that Ancestral Pueblos
in this area may have cultivated a variety of plants that are uncommon
across the wider landscape and persist to this day, such as the Four
Corners potato, goosefoot, wolfberry, and sumac. Although similar
cultivation may have been occurring near Ancestral Pueblo sites across
the Bears Ears landscape, it appears to have been particularly prevalent
in and around the Mule, South Cottonwood, Dry, Arch, and Owl Canyons.
Tilted at almost 20 degrees and running along a north-south axis from
the foothills of the Abajo Mountains, past the San Juan River, and onto
the Navajo Nation, the serrated cliffs of the Comb Ridge monocline are
visible from space and have both spiritual and practical significance to
many Tribal Nations. It is in this area that one can find a series of
alcoves in Whiskers Draw that have sheltered evidence of human
habitation for thousands of years, including the site where Richard
Wetherill first identified what we know today as the Basketmaker people,
as well as Milk Ranch Point, where early Ancestral Pueblo farmers found
refuge when the climate turned hotter and dryer at lower elevations.
Comb Ridge, flanked on the west by Comb Wash and on the east by Butler
Wash, holds additional evidence of centuries of human habitation,
including cliff dwellings, such as the well-known Butler Wash Village
and Monarch Cave, kivas, ceremonial sites, and rock writings, like the
Procession Panel, Wolfman Panel, and Lower Butler Wash Panel, a wall-
sized mural depicting San Juan Anthropomorph figures dating to the
Basketmaker period that is considered important for understanding the
daily life and rituals of the Basketmaker people. Chacoan roads as well
as the handholds and steps carved into cliff faces found in this area
formed part of the region's migration system and are integral to the
story of the Bears Ears landscape. The Comb Ridge area also contains a
rich paleontological history, including an Upper Triassic
microvertebrate site with greater taxonomic diversity than any other
published site of the same nature in Utah, and the earliest recorded
instance of a giant arthropod trackway in Utah. Paleontologists have
also found phytosaur and dinosaur fossils from the Triassic Period and
have identified new species of plant-eating crocodile-like reptiles and
rich bonebeds of lumbering sauropods in the area.
South Cottonwood Wash is an extensive drainage just east of Comb Ridge
that extends from the Abajo Mountains to the San Juan River near Bluff,
Utah. The drainage contains at least three great houses as well as a
number of alcove sites, and it has a high density of petroglyphs and
pictographs, including a cave with more than 200 handprints in a variety
of colors. There is also evidence of a Chacoan road that connected
multiple great houses and kiva sites. These prehistoric transportation
systems in the Bears Ears region are critical to understanding the
trading patterns, economy, and
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social organization of ancient Pueblo communities and the other major
cultural centers with whom they interacted, such as Chaco Canyon.
At the far southern end of the Bears Ears landscape lies Valley of the
Gods, a broad expanse of sandstone monoliths, pinnacles, and other
geological features of historic and scientific interest. Towering spires
of red sandstone that rise from the valley floor are held sacred by the
Navajo people, who view the formations as ancient warriors frozen in
stone and places of power in which spirits reside. The austere valley,
which is noteworthy in both its geology and ecology, provides habitat
for Eucosma navajoensis, an endemic moth that lives nowhere else. The
Mars-like landscape also contains evidence of our own planet's distant
past, including early tetrapod trackways, Paleozoic freshwater sharks,
ray-finned fishes, lobe-finned fishes, giant primitive amphibians, and
multiple unique taxa of mammal-like reptiles. Paleontologists have also
uncovered notable plant macrofossils including ancestral conifers, giant
horsetail-like plants, ferns the size of trees, and lycopsids (similar
to modern clubmoss).
The San Juan River forms the southern boundary of the Bears Ears
landscape. One of the four sacred rivers that Tribal Nations believe
were established by the gods to act as defensive guardians over their
ancestral lands, the river is closely tied to traditional stories of
creation, danger, protection, and healing. The Lime Ridge Clovis site
demonstrates that the history of human occupation within the river
corridor dates back at least 13,000 years. The Sand Island Petroglyph
Panel presents petroglyphs primarily from the Basketmaker through the
Pueblo III periods as well as more modern Navajo and Ute carvings. There
are also a number of Ancestral Pueblo structures that are accessible by
river, such as River House. Nearby San Juan Hill was the last major
obstacle for the Hole-in-the-Rock expedition and presents visible
evidence of the weary expedition's effort to cross Comb Ridge, including
parts of a road, wagon ruts, and an inscription at the top of the ridge.
The river corridor also contains a number of unique geologic formations,
such as the well-known balancing rock at Mexican Hat, and provides
important habitat for the threatened yellow-billed cuckoo and the
endangered southwestern willow flycatcher. The river itself is home to
two endangered fish species: Colorado pikeminnow, the largest minnow in
North America, which is believed to have evolved more than 3 million
years ago, and the razorback sucker, the only member of its genus.
Cedar Mesa is located in the heart of the Bears Ears landscape, west of
Comb Ridge and north of the San Juan River. Ranging from approximately
4,000 to 6,500 feet in elevation, the approximately 400-square mile
plateau is of deep significance to Tribal Nations. Characterized by
pinyon-juniper forests on the mesa tops and canyons along its periphery,
the entirety of Cedar Mesa is an object of scientific and historic
interest, providing a broader context for the individual resources found
there. It is the density of world-class cultural resources found
throughout the remote, sloping plateau and its numerous canyons that
make Cedar Mesa truly unique. For example, an open-twined yucca fiber
sandal believed to be more than 7,000 years old was discovered in a dry
shelter located in a narrow slickrock canyon in Cedar Mesa. Moon House
is an example of iconic Pueblo-decorated architecture and was likely the
last occupied site on Cedar Mesa. On the top of the plateau, Chacoan
roads connect several Ancestral Pueblo great houses that show
architectural influence from the Chaco Canyon region as
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well as ceramics that demonstrate both historic and modern Pueblo
connections. And in the heart of Cedar Mesa, a multi-room, multi-story
great house contains kivas with distinctive Chacoan features that are
much larger than kivas found elsewhere on Cedar Mesa. Today, Cedar Mesa
is home to bighorn sheep, but fossil evidence in the area's sandstone
has revealed large, mammal-like reptiles that burrowed into the sand to
survive the blistering heat of the end of the Permian Period, when the
region was dominated by a seaside desert. Later, during the Upper
Triassic Period, seasonal monsoons flooded an ancient river system that
fed a vast desert here. Salvation Knoll, a point from which lost Latter-
day Saint pioneers were able to obtain their bearings on Christmas Day
in 1879, is also located in the area.
Cedar Mesa is striated with deep chasms housing remarkably intact
Ancestral Pueblo sites. John's Canyon and Slickhorn Canyon, which empty
into the San Juan River in the Glen Canyon National Recreation Area to
the south, contain numerous petroglyphs, pictographs, and Ancestral
Pueblo structures built into elongated alcoves on buff-colored cliffs.
Similarly, the canyons on the east side of Cedar Mesa hold a significant
density of archaeological sites providing a glimpse into the region's
past, including rock writings and Ancestral Pueblo dwellings. The
Citadel cliff dwelling is just one example of the striking Ancestral
Pueblo sites located in Road Canyon, while other sites include painted
handprints and evidence of daily life left by Ancestral Pueblos. Located
to the north of Road Canyon, the Fish Canyon area contains a number of
Pueblo structures. The Fish Canyon area also contains one of the few
perennial streams in the area and an important potential habitat for the
Mexican spotted owl. Finally, the rust-colored, 145-foot span of Nevills
Arch awaits those who make the challenging trek down Owl Canyon. Opening
to a height of 80 feet and named after Norman Nevills, the first boatman
to take paying customers on the Colorado River through the Grand Canyon,
the arch creates a striking window to the sky on the upper reaches of
the canyon walls.
Grand Gulch, a mostly dry canyon that meanders for nearly 50 miles on
the western edge of Cedar Mesa and is replete with thousands of cliff
dwellings and rock writing sites, likely contains the highest
concentration of Ancestral Pueblo sites on the Colorado Plateau.
Initially occupied in the Basketmaker II and III periods, Grand Gulch's
initial inhabitants left pictographs and constructed shallow pithouses
and camps on the mesa top and dry shelters for storage. One pictograph
dating from this time period depicting two large, anthropomorphic
figures is of special religious significance to Tribal Nations. Grand
Gulch also contains a multitude of Pueblo II to III sites and was one of
the first prehistoric national historic districts designated on the
National Register of Historic Places. The area contains the Turkey Pen
site, which is believed to provide some of the earliest evidence of
turkey domestication in North America, a pristine kiva in a remote
canyon bend, and countless other unique Pueblo structures, such as
Junction Village, a large Pueblo habitation site; Split Level Village, a
multi-level Pueblo habitation; and Bannister House, a habitation
consisting of two relatively intact structures and a spring at the base
of the cliff face. Grand Gulch also contains unique artifacts, such as a
tattoo needle, a site containing a multichromatic pictograph of a mask,
important historic archaeological inscriptions from the Wetherill
expedition, and a multitude of other rock writings.
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Kane Gulch is a tributary canyon of Grand Gulch incised through Cedar
Mesa Sandstone and clogged with house-sized boulders. The canyon houses
an aspen grove--an uncommon occurrence at such elevations in the
desert--and contains a number of archaeological sites that are perched
on canyon walls high above cottonwood trees that provide welcomed shade
to the riparian areas in the canyon bottom. Nearby, Bullet Canyon, which
intersects with the upper reaches of Grand Gulch, also holds numerous
structures, petroglyphs, pictographs, and other artifacts, such as the
well-preserved Perfect Kiva--a partly restored kiva, accompanied by
several rooms and other smaller structures.
To the west of Cedar Mesa, the Clay Hills, Red House Cliffs, and Mike's
Canyon form the southwest corner of the Bears Ears landscape. This
remote and rarely visited area remains largely unstudied by scientists.
Tool- and arrowhead-making sites, dwellings, and granaries in the lower
reaches of the canyons indicate that they sustained Archaic,
Basketmaker, and Ancestral Pueblo cultures. The area's unforgiving
topography, composed of expansive stretches of slickrock periodically
interrupted by deep canyons, challenged Latter-day Saint settlers that
traveled along the Hole-in-the-Rock Trail and left wheel ruts and other
traces of pioneer life. The harsh ecosystem still supports a herd of
desert bighorn sheep throughout the year, and in the canyon bottoms,
including Mike's Canyon, intrepid beavers can be found in small areas of
riparian habitat. The Clay Hills area contains the first discovery of
vertebrate fossils from the Bears Ears region, which was also the first
occurrence of a phytosaur identified in Utah.
Standing alone west of Cedar Mesa and adjacent to the Glen Canyon
National Recreation Area, Mancos Mesa is likely the largest isolated
slickrock mesa in southern Utah. Covering approximately 180 square
miles, Mancos Mesa's roughly triangular shape is bounded by towering
cliffs, some reaching more than 1,000 feet high. The entire area is
dominated by Navajo Sandstone and is incised with canyons, including
Moqui Canyon, a 20-mile canyon with sheer walls rising over 600 feet.
The mesa, an ecological island in the sky, contains a relict plant
community that supports Native perennial grasses, shrubs, and some
cacti. Mancos Mesa also contains archaeological remains dating back
2,000 years and spanning across the Basketmaker II and III and Pueblo I,
II, and III periods.
Protection of the Bears Ears area will preserve its spiritual, cultural,
prehistoric, and historic legacy and maintain its diverse array of
natural and scientific resources, ensuring that the prehistoric,
historic, and scientific values of this area remain for the benefit of
all Americans. For more than 100 years, and sometimes predating the
enactment of the Antiquities Act, Presidents, Members of Congress,
Secretaries of the Interior, Tribal Nations, State and local
governments, scientists, and local conservationists have understood and
championed the need to protect the Bears Ears area. The area contains
numerous objects of historic and scientific interest and also includes
other resources that contribute to the social and economic well-being of
the area's modern communities as a result of world-class outdoor
recreation opportunities, including unparalleled rock climbing available
at places like the canyons in Indian Creek; the paradise for hikers,
birders, and horseback riders provided in areas like the canyons east of
Elk Ridge; and other destinations for hunting, backpacking,
canyoneering, whitewater rafting, and mountain biking, that are
important to the increasing travel- and tourism-based economy in the
region.
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WHEREAS, section 320301 of title 54, United States Code (known as the
``Antiquities Act''), authorizes the President, in his discretion, to
declare by public proclamation historic landmarks, historic and
prehistoric structures, and other objects of historic or scientific
interest that are situated upon the lands owned or controlled by the
Federal Government to be national monuments, and to reserve as a part
thereof parcels of land, the limits of which shall be confined to the
smallest area compatible with the proper care and management of the
objects to be protected; and
WHEREAS, Proclamation 9558 of December 28, 2016, designated the Bears
Ears National Monument in the State of Utah and reserved approximately
1.35 million acres of Federal lands as the smallest area compatible with
the proper care and management of the objects of historic and scientific
interest declared part of the monument; and
WHEREAS, Proclamation 9681 of December 4, 2017, modified the management
direction of the Bears Ears National Monument and modified the
boundaries to add approximately 11,200 new acres of Federal lands, and
the objects of historic and scientific interest contained therein, and
to exclude more than 1.1 million acres of Federal lands from the
reservation, including lands containing objects of historic and
scientific interest identified as needing protection in Proclamation
9558, such as Valley of the Gods, Hideout Canyon, portions of the San
Juan River and Abajo Mountains, genetically distinct populations of
Kachina daisy, and the Eucosma navajoensis moth; and
WHEREAS, December 4, 2017, was the first time that a President asserted
that the Antiquities Act included the authority to reduce the boundaries
of a national monument or remove objects from protection under the
Antiquities Act since passage of the Federal Land Policy and Management
Act of 1976, as amended (43 U.S.C. 1701 et seq.); and
WHEREAS, the entire Bears Ears landscape is profoundly sacred to
sovereign Tribal Nations and indigenous people of the southwest region
of the United States; and
WHEREAS, I find that the unique nature of the Bears Ears landscape, and
the collection of objects and resources therein, make the entire
landscape within the boundaries reserved by this proclamation an object
of historic and scientific interest in need of protection under 54
U.S.C. 320301; and
WHEREAS, I find that all the historic and scientific resources
identified above and in Proclamation 9558 are objects of historic or
scientific interest in need of protection under 54 U.S.C. 320301; and
WHEREAS, I find that there are threats to the objects identified in this
proclamation; and
WHEREAS, I find, in the absence of a reservation under the Antiquities
Act, the objects identified in this proclamation and in Proclamation
9558 are not adequately protected by otherwise applicable law or
administrative designations because neither provide Federal agencies
with the specific mandate to ensure proper care and management of the
objects, nor do they withdraw the lands from the operation of the public
land, mining, and mineral leasing laws; thus a national monument
reservation is necessary to protect the objects of historic and
scientific interest in the Bears Ears region for current and future
generations; and
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WHEREAS, I find that the boundaries of the monument reserved by this
proclamation represent the smallest area compatible with the protection
of the objects of scientific or historic interest as required by the
Antiquities Act; and
WHEREAS, it is in the public interest to ensure the preservation,
restoration, and protection of the objects of scientific and historic
interest on the Bears Ears region, including the entire monument
landscape, reserved within the boundaries of the Bears Ears National
Monument, as established by this proclamation;
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by section 320301 of title 54,
United States Code, hereby proclaim the objects identified above and in
Proclamation 9558 that are situated upon lands and interests in lands
owned or controlled by the Federal Government to be the Bears Ears
National Monument (monument) and, for the purpose of protecting those
objects, reserve as part thereof all lands and interests in lands not
currently reserved as part of a monument reservation and that are owned
or controlled by the Federal Government within the boundaries described
on the accompanying map, which is attached to and forms a part of this
proclamation. These reserved Federal lands and interests in lands
consist of those lands reserved as part of the Bears Ears National
Monument as of December 3, 2017, and the approximately 11,200 acres
added by Proclamation 9681, encompassing approximately 1.36 million
acres. As a result of the distribution of the objects across the Bears
Ears landscape, and additionally and independently, because the
landscape itself is an object in need of protection, the boundaries
described on the accompanying map are confined to the smallest area
compatible with the proper care and management of the objects of
historic or scientific interest identified above and in Proclamation
9558.
All Federal lands and interests in lands within the boundaries of the
monument are hereby appropriated and withdrawn from all forms of entry,
location, selection, sale, or other disposition under the public land
laws or laws applicable to the United States Forest Service (USFS), from
location, entry, and patent under the mining laws, and from disposition
under all laws relating to mineral and geothermal leasing, other than by
exchange that furthers the protective purposes of the monument.
This proclamation is subject to valid existing rights. If the Federal
Government subsequently acquires any lands or interests in lands not
currently owned or controlled by the Federal Government within the
boundaries described on the accompanying map, such lands and interests
in lands shall be reserved as a part of the monument, and objects
identified above that are situated upon those lands and interests in
lands shall be part of the monument, upon acquisition of ownership or
control by the Federal Government.
The Secretary of Agriculture and the Secretary of the Interior
(Secretaries) shall manage the monument through the USFS and the Bureau
of Land Management (BLM), respectively, in accordance with the terms,
conditions, and management direction provided by this proclamation and,
unless otherwise specifically provided herein, those provided by
Proclamation 9558, the latter of which are incorporated herein by
reference. The USFS shall
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manage that portion of the monument within the boundaries of the
National Forest System (NFS), and the BLM shall manage the remainder of
the monument. The lands administered by the USFS shall be managed as
part of the Manti-La Sal National Forest. The lands administered by the
BLM shall be managed as a unit of the National Landscape Conservation
System. To the extent any provision of Proclamation 9681 is inconsistent
with this proclamation or Proclamation 9558, the terms of this
proclamation and Proclamation 9558 shall govern. To further the orderly
management of monument lands, the monument will be jointly managed as a
single unit consisting of the entire 1.36 million-acre monument.
For purposes of protecting and restoring the objects identified above
and in Proclamation 9558, the Secretaries shall jointly prepare and
maintain a new management plan for the entire monument and shall
promulgate such regulations for its management as they deem appropriate.
The Secretaries, through the USFS and BLM, shall consult with other
Federal land management agencies or agency components in the local area,
including the National Park Service, in developing the management plan.
In promulgating any management rules and regulations governing the NFS
lands within the monument and developing the management plan, the
Secretary of Agriculture, through the USFS, shall consult with the
Secretary of the Interior, through the BLM. The Secretaries shall
provide for maximum public involvement in the development of that plan,
including consultation with federally recognized Tribes and State and
local governments. In the development and implementation of the
management plan, the Secretaries shall maximize opportunities, pursuant
to applicable legal authorities, for shared resources, operational
efficiency, and cooperation.
In recognition of the importance of knowledge of Tribal Nations about
these lands and objects and participation in the care and management of
the objects identified above, and to ensure that management decisions
affecting the monument reflect expertise and traditional and historical
knowledge of Tribal Nations, a Bears Ears Commission (Commission) is
reestablished in accordance with the terms, conditions, and obligations
set forth in Proclamation 9558 to provide guidance and recommendations
on the development and implementation of management plans and on
management of the entire monument.
To further the protective purposes of the monument, the Secretary of the
Interior shall explore entering into a memorandum of understanding with
the State of Utah that would set forth terms, pursuant to applicable
laws and regulations, for an exchange of land owned by the State of Utah
and administered by the Utah School and Institutional Trust Lands
Administration within the boundary of the monument for land of
approximately equal value managed by the BLM outside the boundary of the
monument. Consolidation of lands within the monument boundary through
exchange in this manner provides for the orderly management of public
lands and is in the public interest.
The Secretaries shall manage livestock grazing as authorized under
existing permits or leases, and subject to appropriate terms and
conditions in accordance with existing laws and regulations, consistent
with the care and management of the objects identified above and in
Proclamation 9558. Should grazing permits or leases be voluntarily
relinquished by existing holders, the Secretaries shall retire from
livestock grazing the lands covered
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by such permits or leases pursuant to the processes of applicable law.
Forage shall not be reallocated for livestock grazing purposes unless
the Secretaries specifically find that such reallocation will advance
the purposes of this proclamation and Proclamation 9558.
Nothing in this proclamation shall be deemed to revoke any existing
withdrawal, reservation, or appropriation; however, the monument shall
be the dominant reservation.
Warning is hereby given to all unauthorized persons not to appropriate,
injure, destroy, or remove any feature of the monument and not to locate
or settle upon any of the lands thereof.
If any provision of this proclamation, including its application to a
particular parcel of land, is held to be invalid, the remainder of this
proclamation and its application to other parcels of land shall not be
affected thereby.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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[GRAPHIC] [TIFF OMITTED] TD15OC21.006
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Proclamation 10286 of October 8, 2021
Grand Staircase-Escalante National Monument
By the President of the United States of America
A Proclamation
President Clinton's designation of the Grand Staircase-Escalante
National Monument in Proclamation 6920 of September 18, 1996, was a
watershed moment for conservation in the United States. Proclamation
6920 represents the first time a President designated a national
monument under the Antiquities Act to be managed by the Bureau of Land
Management, signaling the dawn of the modern era of Antiquities Act
protection and a reawakening of conservation efforts on public lands in
the West.
Proclamation 6920 describes the rich mosaic of objects of historic and
scientific interest across Grand Staircase-Escalante. Proclamation 6920
details the monument's varied geology, from the cliffs of the Grand
Staircase in the west, to the fossil-rich formations in the Kaiparowits
Plateau that demonstrate billions of years of geology infused with
world-class paleontological sites, to the badlands of the Burning Hills
in the center, to the intricate and complex system of canyons in the
Escalante region in the east. The proclamation goes on to describe the
area's rich human history, spanning from the indigenous people and
cultures who made this area home to Anglo-American explorers and early
Latter-day Saint pioneers. The proclamation further identifies
outstanding biological resources, describing the monument as ``in the
heart of perhaps the richest floristic region in the Intermountain
West,'' spanning five life zones and supporting diverse, rare, and
endemic populations of plants and a diversity of animals, as well as
unusual and diverse soils that support communities of mosses, lichens,
and cyanobacteria. In addition, the proclamation describes the vast
opportunities for additional scientific research and discovery within
the monument. Grand Staircase-Escalante has become the focus of a multi-
disciplinary study of its large landscape for the benefit of current and
future generations.
After the monument was established, the Congress adjusted the boundaries
or ratified the acquisition of additional lands within the monument on
three separate occasions, in some cases adding lands, in other cases
subtracting lands. When the Congress had completed its fine-tuning, it
had increased the monument's reservation by more than 180,000 acres,
bringing the total Federal lands within the monument boundaries to
approximately 1.87 million acres.
Remarkably, given its size, in the 25 years since its designation, Grand
Staircase-Escalante has fulfilled the vision of an outdoor laboratory
with great potential for diverse and significant scientific discoveries.
During this period, hundreds of scientific studies and projects have
been conducted within the monument, including investigating how the
monument's geology provides insight into the hydrology of Mars;
discovering many previously unknown species of dinosaurs, some of which
have become household names; unearthing some of the oldest marsupial
fossils ever identified; conducting extensive inventories of
invertebrates, including the identification of more than 600 species of
bees, some of which likely exist nowhere else on Earth; performing
hydrologic research in the Escalante River and
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Deer Creek; studying and restoring habitat for amphibians, mammals, and
bird species, including the reintroduction of bighorn sheep and
pronghorn to their native range; completing rangeland science
assessments, including a complete Level III soils survey; carrying out
widespread archaeological surveys that have documented important sites
and rock writings; and implementing social science projects related to
visitor experiences and impacts. New scientific discoveries are likely
just around the corner; for example, scientists have collected thousands
of specimens of invertebrates from the monument that await further study
and are expected to yield new species that are endemic to the monument.
Scientists have utilized every corner of the monument in their efforts
to better understand our environment, our history, our planet's past,
and our place in the universe.
On December 4, 2017, President Donald Trump issued Proclamation 9682 to
reduce the monument by over 860,000 acres. Proclamation 9682 removes
protection from objects of historic and scientific interest across the
Grand Staircase-Escalante landscape, including some resources
Proclamation 6920 specifically identifies for protection. Multiple
parties challenged Proclamation 9682 in Federal court, asserting that it
exceeded the President's authority under the Antiquities Act.
Restoring the Grand Staircase-Escalante National Monument to its size
and boundaries as they existed prior to December 4, 2017, will ensure
that this exceptional and inimitable landscape filled with an
unparalleled diversity of resources will be properly protected and will
continue to provide the living laboratory that has produced so many
dramatic discoveries in the first quarter century of its existence.
Given the unique nature of the objects identified across the Grand
Staircase-Escalante landscape, the threat of damage and destruction to
those objects, and the current inadequate protection they are afforded,
a reservation of this size is the smallest area compatible with the
proper care and management of the objects of historic and scientific
interest named in this proclamation and Proclamation 6920.
The entire Grand Staircase-Escalante landscape--stretching from
Skutumpah Terrace and the escarpments of the Grand Staircase in the
west, Nipple Bench, Smoky Mountain, the Burning Hills, Grand Bench, the
East and West Clark Benches, and Buckskin Mountain in the south, the
Hole-in-the-Rock Trail that runs through the Escalante Desert, Upper
Escalante Canyons, and Circle Cliffs in the northeast, and Alvey Wash
and the Blues in the north--is an object of historic and scientific
interest requiring protection under the Antiquities Act. There are
innumerable objects of historic or scientific interest within this
extraordinary landscape. Some of the objects are also sacred to Tribal
Nations, rare, fragile, or vulnerable to vandalism and theft, or are
dangerous to visit and, therefore, revealing their specific names and
locations could pose a danger to the objects or the public.
High, rugged, and remote, the vast and austere Grand Staircase-Escalante
landscape is characterized by bold plateaus and multihued cliffs that
run for distances that defy human perspective. It is also home to world-
famous slot canyons that are so deep and narrow that sunlight almost
never penetrates their ultimate depths, and pools of numbingly cold
water remain throughout the hottest months. Despite being the last place
in the contiguous United States to be mapped and remaining a remote and
primitive landscape to this day, the Grand Staircase-Escalante area has
a long and
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dignified human history. The landscape teems with evidence of the
efforts expended by both indigenous people and early Anglo pioneers to
carve existences into an arid and unforgiving region. The Grand
Staircase-Escalante region retains the frontier character of the
American West, providing visitors with an opportunity to experience a
remote landscape rich with opportunities for adventure and self-
discovery. It is unique and rare in today's world to encounter a place
where one can wander and ponder undisturbed, and explore and discover at
one's own pace. It also serves as an outdoor laboratory on the frontier
of scientific research that continues to regularly reveal important
insights into our planet and our past.
The Grand Staircase-Escalante landscape is a geologic treasure of
clearly exposed stratigraphy and structures. The sedimentary rock layers
are relatively undeformed and unobscured by vegetation, offering a clear
view to understanding the Earth's geological development. Owing in large
part to the exposure of so many formations, the landscape is one of the
world's great paleontological laboratories. From remarkable specimens of
petrified wood, to the most continuous record of Late Cretaceous life,
to the first evidence that tyrannosaurs hunted in packs, to marble-like
iron oxide concretions found in Navajo Sandstone that provide insight
into Martian geology, the ongoing discoveries on the Grand Staircase-
Escalante landscape continue to make invaluable contributions to our
understanding of the planet's past. Despite the abundance of
paleontological discoveries that have occurred on the landscape, and the
wealth of information they have provided about the entire Mesozoic Era,
it is likely that we have thus far uncovered only a fragment of Grand
Staircase-Escalante's paleontological story.
Rich in human history, the Grand Staircase-Escalante landscape abounds
in evidence of habitation by the Ancestral Pueblo and Fremont cultures.
Tribal Nations, including the Hopi Tribe, the Kaibab Band of Paiute
Indians, the Navajo Nation, the Paiute Indian Tribe of Utah, the San
Juan Southern Paiute Tribe of Arizona, the Pueblo of Acoma, the Pueblo
of San Felipe, the Pueblo of Tesuque, and the Pueblo of Zuni, have
ancestral, cultural, or historical ties to this area and continue to use
the area to this day. The Southern Paiute people in particular hold
these lands sacred as they make up a portion of their traditional
homeland. The landscape has also played an important role in European
settlement of the American West. In 1776, the Dominguez-Escalante
expedition may have passed through the region, and subsequent travelers
on the Armijo Route of the Old Spanish Trail journeyed up the Paria
River, through Cottonwood Canyon and the Cockscomb, and to the west
through Kimball Valley and along parts of Telegraph Flat below the
Vermillion Cliffs. The John Wesley Powell expedition created some of the
earliest maps of the area in 1872, and later that decade, Latter-day
Saint pioneers literally etched portions of the Hole-in-the-Rock Trail
across the desert in their efforts to settle southern Utah.
The landscape is also an outstanding biological resource. As a result of
the blending of warm and cold desert flora and the high number of
endemic species, the Grand Staircase-Escalante landscape, which contains
50 percent of Utah's rare flora and 125 species of plants that occur
only in Utah or on the Colorado Plateau, is one of the most
floristically rich regions in
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the Intermountain West. An abundance of unique, isolated plant
communities can be found, such as hanging gardens, tinajas, and rock
crevice, canyon bottom, and dunal pocket communities. Large expanses of
various exposed geologic strata, each with unique physical and chemical
characteristics, have resulted in a spectacular array of unusual and
diverse soils, including desert pavement and biological soil crusts,
which support a wide range of vegetative communities, such as relict
plant communities that have existed since the Pleistocene, and a
multitude of endemic plants and pollinators. For example, lands within
the Grand Staircase-Escalante landscape contain an astounding
biodiversity of bees due, in large part, to the substantial elevational
gradient, diversity of habitats, and abundance of flowering plants. The
area is home to hundreds of bee species, including dozens of species
that are believed to be unique to this landscape. Many of the species
found in the Grand Staircase-Escalante region are highly localized, with
small populations occurring in only a few locations or near certain
flowering plants. Wildlife also flourishes; from mountain lion, bear,
pronghorn, and desert bighorn sheep, to hundreds of species of birds,
the landscape's location and the great variation in its elevation and
topography have created a unique environment where suitable habitat
exists for species associated with multiple eco-regions.
The Grand Staircase-Escalante's large, isolated, and, at times,
impenetrable landscape is one of the most naturally dark outdoor spaces
left in America, providing views of the cosmos that are nearly unrivaled
in the contiguous United States, and an opportunity for visitors to
encounter a landscape at night, undisturbed by electric lights, in the
same way people have experienced the West for most of America's history.
According to recent research, over 90 percent of the landscape, or
nearly 1.7 million acres, contains pristine night skies, meaning that
observers would see no indication of artificial skyglow anywhere in the
night sky. Only natural sources of light are visible to the human eye,
such as starlight, airglow, aurora, and zodiacal light. Comparatively,
less than one third of the land area of the United States regularly
experiences this degree of natural darkness, and most of that land is
located in Alaska. The Grand Staircase-Escalante area also provides a
remarkable natural soundscape with infrequent human-caused sounds. From
popular recreational destinations to remote, isolated locations,
acoustic baseline research has found that some of the quietest
conditions found in protected areas across the United States can be
found in the Grand Staircase-Escalante landscape.
The Grand Staircase-Escalante landscape is akin to a nesting doll of
objects of historic and scientific interest. The landscape as a whole is
an important object that provides context for each of its constituent
parts. Within the whole are distinct and unique areas, which are
themselves objects qualifying for protection. In turn, each of those
areas contain innumerable individual fossils, archaeological sites, rare
species, and other objects that are independently of historic or
scientific interest and require protection under the Antiquities Act.
Located in the northeast corner of the Grand Staircase-Escalante
landscape adjacent to Capitol Reef National Park is the Circle Cliffs
area, which is dominated by a northwest-trending sandstone anticline and
dramatic red sandstone cliffs. The area also encompasses several sky
islands, including Studhorse Peaks, Colt Mesa, and Deer Point, the
latter of which provides exquisite views of Waterpocket Fold--a stunning
fold in the area's geologic
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layers that is the central feature of Capitol Reef National Park. The
ecologically intact region provides important winter habitat for elk and
contains a significant number of cultural sites used by Ancestral
Pueblos and the Fremont. Specimens of petrified wood can be found across
the Circle Cliffs area, including in the well-known Wolverine Petrified
Wood Area, which includes some largely intact logs nearly 100 feet in
length. Additionally, the Circle Cliffs landscape is rich in
paleontological resources. The area, with geology dating back to the
Triassic and Permian Periods, contains at least 45 known paleontological
sites, including one in which a nearly complete articulated skeleton of
Poposaurus--a rare bipedal crocodilian from the Late Triassic Period--
was found. The Circle Cliffs landscape also contains portions of the
Burr Trail, a route originally blazed by stockman John Atlantic Burr
that is now a Utah Scenic Backway offering remarkable views of the
Waterpocket Fold, the Henry Mountains, and the Boulder Mountain area of
the Aquarius Plateau.
West of the Circle Cliffs and bisected by the Escalante River is the
awe-inspiring Upper Escalante Canyons landscape. In this region, vivid
geological features are laid bare in narrow, serpentine canyons, where
erosion has exposed rolling expanses of petrified dunes and rock
striations in shades of red, salmon, white, buff, and rust. The area's
resources are almost too numerous to name. There are natural bridges and
arches, such as Maverick Natural Bridge and Phipps Arch, the 130-foot
tall Escalante Natural Bridge, and Bowington Arch; a large and unusual
circular erosional sandstone formation that has sparked the public's
imagination, as evidenced by its many names, including the Cosmic Navel;
and several world-class slot canyons that draw adventurers from the
world over, such as the Dry Fork of Coyote Gulch, Brimstone Canyon,
Peek-a-boo Canyon, Spooky Gulch, Zebra and Tunnel Slot Canyons, and the
Egypt Slots. The Escalante Canyons landscape also contains a high
density of Fremont prehistoric sites, such as pithouses, villages, and
storage cysts. The area's many canyons contain a world-class density and
variety of Fremont, Ancestral Pueblo, and Southern Paiute rock writings,
including a panel that is particularly meaningful to Tribal Nations with
ancestral and historical ties to the area and another panel containing
polychromatic depictions of long, linear figures that may date back to
the Archaic period. The Escalante Canyons landscape also contains many
inscriptions left by early settlers of European descent and significant
historic sites telling tales of the region's more recent past, such as
the Boulder Mail Trail, which was used to ferry mail between the small
desert outpost towns of Escalante and Boulder beginning in 1902. The
Boulder Mail Trail intersects incredibly scenic canyons that empty into
the Escalante River. The narrow sandstone walls of Sand Creek shade a
perennial stream that meanders through cool pools and supports riparian
habitat and hanging gardens. Perennial flows are also found in Death
Hollow, a stunning canyon chiseled into yellow and white Navajo
Sandstone that is narrow and extraordinarily deep in its upper reaches
before transitioning near the Boulder Mail Trail into a wider canyon
dotted with ponderosa pine and riparian habitat. As a result of the
abundance of water in tributaries of the Escalante River, as well as
various seeps and springs, the Escalante Canyons area is dotted with
hanging gardens, tinajas, and riparian vegetation that provide oases of
sorts in an otherwise arid environment. The area is distilled to its
essence in Calf Creek Canyon, the home of towering Navajo Sandstone
cliffs, lush vegetation, cultural sites, and a perennial stream with two
waterfalls: a slender 88-foot plunge in the upper part
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of the canyon, and a 126-foot cascade farther downstream that is one of
the more elegant waterfalls in the entire Southwest. The upper part of
the watershed is strewn with black basalt boulders and expanses of iron
concretion sheets.
To the southeast of the Upper Escalante Canyons, adjacent to Capitol
Reef National Park and Glen Canyon National Recreation Area, is a region
with a rich pioneer history that functions as a gateway to the many slot
canyons and arches near the Escalante River. Traversing the area is the
historically significant Hole-in-the-Rock Road, which generally follows
the route that Latter-day Saint pioneers constructed between 1879 and
1880 when crossing southern Utah to establish a wagon route between
Escalante and southeast Utah settlements. Today, the road provides
access to many of the landscape's resources, including Devil's Garden,
an area with hoodoos, colorful rock formations, and unique sandstone
arches like the impressively delicate Metate Arch; the small but
attractive Little Jumbo Arch; the widely photographed Sunrise and Sunset
arches; and Chimney Rock, a remote, lonely sandstone pillar that seems
to defy its otherwise flat surroundings. This area is also the location
of Dance Hall Rock, an important landmark where Latter-day Saint
pioneers camped and held meetings and dances when constructing the Hole-
in-the-Rock Trail. These uncompromising desert lands are home to high
concentrations of rare species of bees with fascinating adaptations to
their local environment, such as Diadasia bees, which build nests in the
hard desert soil that feature a clay chimney on top, an architectural
design that has, thus far, stumped scientists trying to understand its
utility. Consisting of rock primarily from the Jurassic Period, there
are many paleontological sites in this region. Among those, the
sprawling Twentymile Wash Dinosaur Megatrackway consists of more than
several hundred individual dinosaur tracks and what some scientists
believe is a rare, mid-line tail-drag impression left in the Escalante
Member of the Entrada Formation by a sauropod, or long-necked dinosaur.
At the center of the Grand Staircase-Escalante landscape is the
Kaiparowits Plateau, containing roughly 1,600 square miles of
sedimentary rock that towers over the surrounding area. The plateau is
bordered on the east side by the Straight Cliffs, which stretch from
near the beginning of the Escalante River to Fiftymile Mountain, and on
the west by the East Kaibab Monocline, better known as the Cockscomb.
The area is made up of steep-walled canyons, escarpments, towers,
arches, and a series of benches that ascend from the southern border of
the Grand Staircase-Escalante landscape. The Cockscomb is formed by
parallel ridges with an intersecting steep v-shaped trough, and
flatirons, small monoliths, and other colorful formations along the
western ridge. The plateau has evidence of thousands of years of human
habitation with sites attributed to many prehistoric cultures in
southern Utah. Bighorn sheep and pronghorn have historically roamed the
Kaiparowits Plateau--as evidenced by the area's petroglyph and
pictograph panels--and reproducing populations have been reintroduced in
recent years. The area is also home to a small population of chuckwalla
and a population of desert night lizard, a species rarely seen in Utah.
The stratified geology of the Kaiparowits Plateau exposes fossils and
other indicia of hundreds of millions of years of our planet's history,
the only evidence in our hemisphere of mammals from the Cenomanian
through Santonian ages and one of the world's best and most continuous
records of Late Cretaceous terrestrial life. To date, many thousands of
fossil sites
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have been documented on the plateau, including evidence of at least 15
previously unknown species of dinosaur. Fossils are preserved in
stunning detail rarely seen in North America, including traces of soft
tissue and the impressions of skin, beaks, and claws. The plateau
contains a diverse assemblage of Campanian fauna, including a remarkable
record of vertebrate species that include many new taxa and new temporal
and geographic occurrences, thereby making the Kaiparowits Plateau an
important scientific resource providing insight to the Late Cretaceous
biosphere.
The Kaiparowits Plateau comprises multiple geological formations. The
Kaiparowits and Wahweap Formations contain diverse and unique fossil
evidence of ancient fauna and flora, including pterosaurs, frogs,
salamanders, and snakes, that are fundamentally different from
discoveries in other parts of North America. The Kaiparowits Formation
has produced many ancient vertebrate taxa that are entirely new to
science, including a vast array of horned dinosaurs, such as the
Nasutoceratops, Kosmoceratops, and Utahceratops, a new species of
Gryposaurus possessing a more robust skull, a new raptor, and the
tyrannosaurid Teratophoneus. It has also produced evidence of a
potentially new crested duck-billed dinosaur and incredibly diverse
vegetative communities with previously undescribed fossil trees and
aquatic plants. In 2018, researchers recovered the Akainacephalus, which
is the most complete ankylosaur ever recovered in the southwestern
United States. Exploration of the Wahweap Formation, while still in
early stages, has led to striking Mesozoic Era discoveries, including
the horned dinosaur Diabloceratops and the tyrannosaurid Lythronax.
Similarly, the Dakota Formation contains some of the earliest evidence
of mammals in the fossil record, and the Tropic Shale Formation includes
important marine reptiles such as five species of plesiosaur and North
America's oldest mosasaur. There are at least two mass mortality sites
on the Kaiparowits Plateau, including the Rainbows and Unicorns site,
which preserves the relatively complete remains of at least four
tyrannosaurs ranging in age from juvenile to large adult, indicating
that tyrannosaurs may have been social hunters and engaged in extended
parental care, and Uncle Charley's Bonebed, which produced the
fossilized remains of extinct tortoises, many of which had soft tissue
preservation of skin and claws, and one of which even had a clutch of
eggs preserved in its carapace. In addition, petrified wood from the
Late Jurassic and Late Cretaceous Periods is found in the Morrison,
Wahweap, and Kaiparowits Formations. The plateau also has an expansive
exposure of a unique deposit of fossil oyster beds up to six feet thick
from the Cretaceous Period, along with other marine mollusk shells.
The eastern portion of the Kaiparowits Plateau is dominated by Fiftymile
Mountain and Fiftymile Bench. The upper elevations of these bench lands
contain rich and varied ecosystems that include pinyon and juniper
woodlands, ponderosa pine forests, and aspen groves. The area is
dissected by a labyrinth of picturesque canyons, many of which contain
important riparian ecosystems. The Fiftymile Mountain area has a high
density of archaeological sites, including masonry structures, which
have architectural styles suggesting that the Virgin Branch and Kayenta
Branch of Ancestral Pueblos and the Fremont culture converged in the
area. There are also sites considered sacred to several Tribal Nations
with historical or ancestral ties to the Grand Staircase-Escalante
region. This area further contains evidence of
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early pioneers who tried to scratch out a life on the sparse landscape,
including historic cabins, fences, and stock trails. The sagebrush
steppe ecosystem of Fiftymile Bench provides views of Window Wind Arch
and striking vistas of the skyscraper-like escarpment that is the
eastern face of the Straight Cliffs. The Straight Cliffs Formation,
which is particularly exposed in this part of southern Utah, is rich
with fossil resources containing evidence of primitive mammals, as well
as straight cone cephalopods, ammonites, gastropods, pelecypods, and
Cretaceous shark teeth. The Straight Cliffs also contain many clusters
of balanced or pedestal rocks, known as hoodoos. Sooner Rocks, at the
base of the Straight Cliffs, provides outstanding examples of the
geologic feature known as ``mega-potholes'' that are more often found in
some of the sandstone formations in and around Glen Canyon.
Grand Bench lies on the southeastern border of the Kaiparowits Plateau
between the Burning Hills to the west and Fiftymile Mountain to the
east. The sparse road network in Grand Bench makes it one of the most
remote locations in the Grand Staircase-Escalante, with largely
unspoiled and unimpeded views of the night sky. The Grand Bench area is
also home to the mostly freestanding Woolsey Arch, as well as many
recorded paleontology sites found in its Cretaceous and Jurassic Period
rocks, including petrified wood and important fossils.
The Smoky Mountain area just west of Grand Bench on the Kaiparowits
Plateau provides a striking scene. The steep and rugged hilltops of the
Burning Hills have been scorched red by naturally occurring underground
coal fires that have been smoldering for hundreds, if not thousands, of
years. Similarly, Smoky Mountain is dotted with natural chimneys that
release hot smoke and sulfuric gasses from the coal fires below. Despite
the hostile environment, this area is home to a number of rare and
endemic plant species, including Atwood evening primrose and Smoky
Mountain globemallow, as well as a thriving herd of desert bighorn sheep
and nesting areas for a high density of raptors.
The lower benches of the Kaiparowits Plateau, including John Henry
Bench, Tibbet Bench, Nipple Bench, and Jack Riggs Bench, lie to the west
of Smoky Mountain and provide important habitat for big game, including
desert bighorn sheep and pronghorn, and sweeping views to the south. The
Cretaceous Wahweap Formation runs through the area and has been the site
of many important fossil finds, including turtle shells, dinosaurs, and
crocodile teeth. Just west of Nipple Bench are the Wahweap Hoodoos,
ghostly white formations with brown capstones that can appear to float
in the right conditions.
Alvey Wash is situated in the northern part of the Kaiparowits Plateau,
close to the Straight Cliffs, and north of Death Ridge. In addition to
providing access to the interior of the Kaiparowits Plateau, the Alvey
Wash area contains geologic objects of historic and scientific interest,
including various arches and portions of the Smoky Mountain Road State
Scenic Backway, a remote, unpaved route that offers unparalleled views
of Lake Powell and the Kaiparowits Plateau. The region's fossil-rich
Cretaceous rocks contain more than a hundred known recorded
paleontological sites. Alvey Wash, which likely acted as an important
travel route between the
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Escalante River and the top of the Kaiparowits Plateau, also contains
several important Fremont and Ancestral Pueblo sites, including rock
writings, rock shelters, cliffside storage structures, and pithouses.
In the northern part of the landscape, east of the towns of Tropic and
Cannonville, are the Blues, an area named for the blue-grey sandstone
that provides a striking contrast against the forested uplands and the
pink and white cliffs of Powell Point towering in the background. The
velvety gray slopes of these shale badlands include exposures of the
Kaiparowits Formation that are unique on the Colorado Plateau.
Representing rapid accumulation of sediment during the Late Cretaceous
Period, the stratigraphy has facilitated the discovery of a diversity of
fossils, including early mammals, lizards, dinosaurs, crocodilians,
turtles, mollusks, and some fossils found nowhere else on Earth,
including one of the largest oviraptors ever discovered. This area may
also provide habitat for many raptor species, including Swainson's
hawks, golden eagles, and peregrine falcons.
South of the Blues, the Butler Valley area provides jaw-dropping views
of multi-colored sandstone cliffs to the north and contains important
microvertebrate fossil localities in the Smoky Hollow Member of the
Straight Cliffs Formation found near the upper reaches of Wiggler Wash.
Also nearby is Grosvenor Arch, a rare double arch with sandstone
buttresses that soars 150 feet in the air, as well as the tight canyons
of Butler Valley and Round Valley Draw.
To the west of the Cockscomb lies the Hackberry Canyon area, with a deep
gorge containing towering Wingate Sandstone cliffs and impressive
narrows, and Yellow Rock, a smooth-sided dome that obtains its unique
appearance from evaporated pools of water and the presence of limonite
in its swirling Navajo Sandstone. With limited vegetation, Yellow Rock
provides a commanding view of Hackberry Canyon to the north, the Paria
River to the west, and the Cockscomb to the east. The area's high scenic
quality is further enhanced by a number of towering arches, including
Sam Pollock Arch, which spans 70 feet in a tributary of Hackberry
Canyon. The Hackberry Canyon area contains Virgin Branch of Ancestral
Pueblo sites, such as rock shelters, pithouses, lithic scatters, and
masonry structures, as well as rock writings that can be found in side
canyons. Hackberry Canyon also contains evidence of later Anglo
habitation, including Watson Cabin, a one-room log cabin with a
fieldstone chimney that was built in the early 1890s and is one of the
few standing pioneer structures in the region.
To the west of the Kaiparowits Plateau, the Upper Paria River complex is
a highly scenic and colorful maze of canyons, arches, and
``hydrothermal-collapse'' pipes and dikes that expose the multihued
Carmel and Entrada Formations. The area is home to many perennial
streams, the Paria River, and hundreds of acres of riparian vegetation,
all of which support a particularly rich diversity of terrestrial
vertebrate and avian species. Flowing continuously for most of the year
thanks to water from the higher elevations in the north and west, the
area's perennial streams have left the area dissected with canyons that
eventually drain into the Paria River. As the flow increases, the Paria
River cuts its way through a series of benches and cliffs that form a
portion of the Grand Staircase as it meanders towards its confluence
with the Colorado River near Lee's Ferry. For example, there is the
spring-fed Willis Creek, which flows year-round through a moderately
deep gorge that contains several sections of elegant narrows. Other
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nearby canyons, although dry most of the year, are subject to extreme
erosional events from passing storms, such as Lick Wash, a deep canyon
enclosed by horizontally striated white sandstone walls that are
hundreds of feet high, and Bull Valley Gorge, an impressively deep and
narrow canyon cut through Navajo Sandstone containing a variety of rock
formations and colors. The Upper Paria River complex contains
paleontological sites found in strata from the Jurassic and Cretaceous
Periods. The Paria River corridor is also the site of the Paria ghost
town, the only historic townsite in the monument. First settled by
Latter-day Saint pioneers in 1865 as a farming community, the town was
largely abandoned after a series of floods in the late 1800s, save for a
post office, which served the area for many years.
After the Paria River crosses the Cockscomb and enters Cottonwood
Canyon, it feeds a rich riparian area that provides important habitat
for the endangered southwestern willow flycatcher. Cottonwood Canyon and
the nearby Rimrocks area are home to a number of rare plants, such as
the Tropic goldeneye and Atwood's pretty phacelia. This area, down to
West Clark Bench, is also characterized by high ecological system
diversity and is home to a number of rare bee species as well as a
number of hot desert endemic species of bees in the northernmost known
extent of their range. The Rimrocks area is home to striking geological
formations known as the Toadstool Hoodoos, fascinating features composed
of Dakota Sandstone boulders perched precariously atop softer and eroded
Entrada Sandstone, and a narrow slot canyon that contains rock writings.
Further east, other geological formations include the White Rocks, and
to the south, the area around the East and West Clark Benches forms a
barren and austere landscape that exposes Jurassic and Cretaceous Period
rocks rich in paleontological resources.
On the west side of the landscape is the Grand Staircase, a series of
intensely colorful cliffs and plateaus that connect Bryce Canyon to the
Grand Canyon. The Grey Cliffs are composed of soft Cretaceous shale and
sandstone in subdued shades of gray, brown, and yellow that were
deposited approximately 130 million years ago. The White Cliffs are high
white or yellow cliffs of Navajo Sandstone that consistently reach
heights of more than 1,000 feet. The area is home to rare and endemic
bee species, particularly near Timber Mountain. The area also contains a
number of relict plant communities on the sky islands of No Man's Mesa
and Little No Man's Mesa, whose steep walls have guarded such
communities for thousands of years, providing a living window into the
past. Further south, the eponymous Vermilion Cliffs, once the shoreline
for the ancient Lake Dixie, contain fossilized fish, dinosaurs, and
early reptiles, as well as multiple tracksites. The Flag Point tracksite
provides an enduring testament to humans' fascination with the traces of
epochs past. The site contains a series of theropod tracks leading right
to the cliff edge and, nearby, pictographs of the tracks that were
likely left by ancient indigenous peoples living in nearby communities.
The Grand Staircase area is also replete with evidence of thousands of
years of human habitation. Pre-historic projectile points and hunter-
gatherer residential pit structures are found in the higher elevations,
whereas evidence of some of the earliest corn-related agriculture in the
Southwest, developed by the Virgin Branch of Ancestral Pueblos, as well
as evidence of the Southern Paiute people, who identify this area as
part of their ancestral homeland, are found in the lower elevations.
This
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area also contains a number of other unusual and important resources,
including a high density of petrified wood and rare and endemic plant
species, such as the Higgins spring parsley and Kane breadroot.
The Buckskin Mountain area, located southeast of the Vermilion Cliffs
and west of the Cockscomb, is a unique lithological area, rich in rocks
from the Triassic Period and late Paleozoic Era. It also provides winter
range for the renowned Paunsaugunt mule deer herd and is the location of
the Eagle Sink, a stunning sinkhole where the surrounding limestone
collapsed to create an enormous 160-foot depression. The area also
contains many Ancestral Pueblo cultural sites and provides access to the
primary trailheads used to access Buckskin Gulch--the longest slot
canyon in the United States, with walls ascending up to 400 feet--
located in the adjacent Paria Canyon-Vermilion Cliffs Wilderness.
Protection of the Grand Staircase-Escalante National Monument will
preserve its cultural, prehistoric, and historic legacy and maintain its
diverse array of natural and scientific resources, ensuring that the
prehistoric, historic, and scientific values of this area remain for the
benefit of all Americans. Reservation of these lands will preserve the
living laboratory within the monument boundaries that will facilitate
significant scientific discoveries for years to come. The area contains
numerous objects of historic and scientific interest, and it provides
world-class outdoor recreation opportunities, including rock climbing,
hunting, hiking, backpacking, canyoneering, river running, mountain
biking, and horseback riding, that support a travel and tourism sector
that is a source of economic opportunity for the region.
WHEREAS, section 320301 of title 54, United States Code (known as the
``Antiquities Act''), authorizes the President, in his discretion, to
declare by public proclamation historic landmarks, historic and
prehistoric structures, and other objects of historic or scientific
interest that are situated upon the lands owned or controlled by the
Federal Government to be national monuments, and to reserve as a part
thereof parcels of land, the limits of which shall be confined to the
smallest area compatible with the proper care and management of the
objects to be protected; and
WHEREAS, Proclamation 6920 of September 18, 1996, designated the Grand
Staircase-Escalante National Monument in the State of Utah and reserved
approximately 1.7 million acres of Federal lands as the smallest area
compatible with the proper care and management of objects of historic
and scientific interest; and
WHEREAS, on three separate occasions the Congress adjusted the
boundaries of the monument--the Utah Schools and Lands Exchange Act of
1998, Public Law 105-335, 112 Stat. 3139; title II of Public Law 105-
355, 112 Stat. 3247, 3252 (1998); and section 2604 of the Omnibus Public
Land Management Act of 2009, Public Law 111-11, 123 Stat. 991, 1120--
ultimately increasing the Federal lands reserved for the monument by
more than 180,000 acres.
WHEREAS, Proclamation 9682 of December 4, 2017, modifies the management
direction of the Grand Staircase-Escalante National Monument and
excludes nearly half of the lands reserved in Proclamation 6920, which
include lands containing objects of historic and scientific interest
that Proclamation 6920 identifies as needing protection, such as
portions of Circle Cliffs and Waterpocket Fold; and
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WHEREAS, December 4, 2017, was the first time that a President asserted
that the Antiquities Act included the authority to reduce the boundaries
of a national monument or remove objects from protection under the
Antiquities Act since the 1976 passage of the Federal Land Policy and
Management Act, as amended (43 U.S.C. 1701 et seq.); and
WHEREAS, I find that each of the historic and scientific resources
identified above and in Proclamation 6920 are objects of historic or
scientific interest in need of protection under 54 U.S.C. 320301; and
WHEREAS, I find that the unique nature of the Grand Staircase-Escalante
landscape, and the collection of objects and resources therein, make the
entire landscape within the boundaries reserved by this proclamation an
object of historic and scientific interest in need of protection under
54 U.S.C. 320301; and
WHEREAS, I find that there are threats to the objects identified in this
proclamation and Proclamation 6920; and
WHEREAS, I find, in the absence of a reservation under the Antiquities
Act, the objects identified in this proclamation and in Proclamation
6920 are not adequately protected by otherwise applicable law or
administrative designations because neither provide the Department of
the Interior with the specific mandate to ensure proper care and
management of the objects, nor do they withdraw the lands from the
operation of the public land, mining, and mineral leasing laws, and so a
national monument reservation is necessary to protect the objects of
historic and scientific interest in the Grand Staircase-Escalante region
for current and future generations; and
WHEREAS, I find that the boundaries of the monument reserved by this
proclamation represent the smallest area compatible with the protection
of the objects of historic or scientific interest as required by the
Antiquities Act; and
WHEREAS, it is in the public interest to ensure the preservation,
restoration, and protection of the objects of historic or scientific
interest on the Grand Staircase-Escalante lands, including the entire
monument landscape, reserved within the boundaries established by this
proclamation;
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by section 320301 of title 54,
United States Code, hereby proclaim the objects identified above and in
Proclamation 6920 that are situated upon lands and interests in lands
owned or controlled by the Federal Government to be the Grand Staircase-
Escalante National Monument (monument) and, for the purpose of
protecting those objects, reserve as part thereof all lands and
interests in lands not currently reserved as part of a monument
reservation and that are owned or controlled by the Federal Government
within the boundaries described on the accompanying map, which is
attached to and forms a part of this proclamation. These reserved
Federal lands and interests in lands consist of those lands reserved as
part of the Grand Staircase-Escalante National Monument as of December
3, 2017, encompassing approximately 1.87 million acres. As a result of
the distribution of the objects across the Grand Staircase-Escalante
landscape, and additionally and independently, because the landscape
itself is an object in need of protection, the boundaries described on
the accompanying map are confined to the smallest area
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compatible with the proper care and management of the objects of
historic or scientific interest identified above and in Proclamation
6920.
All Federal lands and interests in lands within the boundaries of the
monument are hereby appropriated and withdrawn from all forms of entry,
location, selection, sale, or other disposition under the public land
laws, from location, entry, and patent under the mining laws, and from
disposition under all laws relating to mineral and geothermal leasing,
other than by exchange that furthers the protective purposes of the
monument.
This proclamation is subject to valid existing rights. If the Federal
Government subsequently acquires any lands or interests in lands not
owned or controlled by the Federal Government within the boundaries
described on the accompanying map, such lands and interests in lands
shall be reserved as a part of the monument, and objects identified
above that are situated upon those lands and interests in lands shall be
part of the monument, upon acquisition of ownership or control by the
Federal Government.
The Secretary of the Interior (Secretary) shall manage the monument
through the Bureau of Land Management (BLM), as a unit of the National
Landscape Conservation System, and in accordance with the terms,
conditions, and management direction provided by this proclamation and,
unless otherwise specifically provided herein, those provided by
Proclamation 6920, the latter of which are incorporated herein by
reference. To the extent any provision of Proclamation 9682 is
inconsistent with Proclamation 6920 or this proclamation, the terms of
this proclamation and Proclamation 6920 shall govern. To further the
orderly management of monument lands, the monument will be managed as a
single unit comprising the entire 1.87 million-acre Grand Staircase-
Escalante National Monument.
For purposes of protecting and restoring the objects identified above
and in Proclamation 6920, the Secretary shall prepare and maintain a new
management plan for the entire monument. The Secretary, through the BLM,
shall consult with other Federal land management agencies or agency
components in the local area, including the National Park Service, in
developing the management plan. The Secretary shall provide for maximum
public involvement in the development of that plan, including
consultation with federally recognized Tribal Nations and State and
local governments. In the development and implementation of the
management plan, the Secretary shall maximize opportunities, pursuant to
applicable legal authorities, for shared resources, operational
efficiency, and cooperation.
The Secretary, through the BLM, shall maintain an advisory committee
under the Federal Advisory Committee Act (5 U.S.C. App.) with the
specific purpose of providing information and advice regarding the
development of the management plan and, as appropriate, management of
the monument, including scientific research that occurs therein. This
advisory committee shall consist of a fair and balanced representation
of interested stakeholders, including State and local governments,
Tribal Nations, recreational users, conservation organizations,
educators, local business owners, private landowners, and the scientific
community, which may include members with expertise in archaeology,
paleontology, entomology, geology, botany, wildlife biology, social
science, or systems ecology.
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Nothing in this proclamation shall be deemed to enlarge or diminish the
rights or jurisdiction of any Tribal Nation. The Secretary shall, to the
maximum extent permitted by law and in consultation with Tribal Nations,
ensure the protection of sacred sites and cultural properties and sites
in the monument and provide access to Tribal members for traditional
cultural, spiritual, and customary uses, consistent with the American
Indian Religious Freedom Act (42 U.S.C. 1996) and Executive Order 13007
of May 24, 1996 (Indian Sacred Sites), including collection of
medicines, berries and other vegetation, forest products, and firewood
for personal noncommercial use in a manner consistent with the care and
management of the objects identified above and in Proclamation 6920.
The Secretary shall manage livestock grazing as authorized under
existing permits or leases, and subject to appropriate terms and
conditions in accordance with existing laws and regulations, consistent
with the care and management of the objects identified above and in
Proclamation 6920. Should grazing permits or leases be voluntarily
relinquished by existing holders, the Secretary shall retire from
livestock grazing the lands covered by such permits or leases pursuant
to the processes of applicable law. Forage shall not be reallocated for
livestock grazing purposes unless the Secretary specifically finds that
such reallocation will advance the purposes of this proclamation and
Proclamation 6920.
Nothing in this proclamation shall be construed to alter the authority
or responsibility of any party with respect to emergency response
activities within the monument, including wildland fire response.
Nothing in this proclamation shall be deemed to revoke any existing
withdrawal, reservation, or appropriation; however, the monument shall
be the dominant reservation.
Warning is hereby given to all unauthorized persons not to appropriate,
injure, destroy, or remove any feature of the monument and not to locate
or settle upon any of the lands thereof.
If any provision of this proclamation, including its application to a
particular parcel of land, is held to be invalid, the remainder of this
proclamation and its application to other parcels of land shall not be
affected thereby.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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[GRAPHIC] [TIFF OMITTED] TD15OC21.007
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Proclamation 10287 of October 8, 2021
Northeast Canyons and Seamounts Marine National Monument
By the President of the United States of America
A Proclamation
On September 15, 2016, President Barack Obama issued Proclamation 9496
(Northeast Canyons and Seamounts Marine National Monument), which
designated approximately 4,913 square miles of waters and submerged
lands where the Atlantic Ocean meets the continental shelf as the
Northeast Canyons and Seamounts Marine National Monument. This
designation represented the culmination of nearly a half-century of
conservation efforts to preserve the vulnerable deep marine ecosystems
of the Atlantic canyons and seamounts, which are widely known as natural
laboratories for the long-term study of benthic ecology due to their
rich biodiversity of important deep-sea corals, endangered whales,
endangered and threatened sea turtles, other marine mammals, and
numerous fish and invertebrate species.
The monument is composed of two units, the Canyons Unit and the
Seamounts Unit, each of which showcases unique geological features that
anchor vulnerable ecological communities threatened by varied uses,
climate change, and related impacts. As described by Proclamation 9496,
the Canyons Unit includes three underwater canyons: Oceanographer,
Gilbert, and Lydonia. The canyons' hard walls, which range from 200
meters to thousands of meters deep, provide important habitats for, and
support the life cycles of, a diversity of ocean life, including
sponges, corals, and other invertebrates; larger species such as squid,
octopuses, skates, flounders, and crabs; and highly migratory oceanic
species, including tuna, billfish, sharks, toothed whales (such as the
endangered sperm whale), and many species of beaked whales. The larger
Seamounts Unit is home to four extinct undersea volcanoes--Bear,
Physalia, Retriever, and Mytilus--that form a portion of an underwater
chain of more than 30 extinct volcanoes that runs from the southern side
of the Georges Bank to midway across the western Atlantic Ocean. These
extinct volcanoes were formed as the Earth's crust passed over a
stationary hot spot that pushed magma up through the seafloor, and many
of them have flat tops that were created as ocean waves eroded the
cooling magma. Geographically isolated from the continental platform and
characterized by steep and complex submarine topography that interrupts
existing ocean currents and provides a constant supply of plankton and
nutrients, the seamounts are biological islands with various substrates
that form ocean oases and act as incubators for new life. All four
seamounts support highly diverse ecological communities, including many
rare and endemic species that are new to science and are not known to
live anywhere else on Earth. Together, the monument's submarine canyons
and seamounts create the unique ecological conditions necessary to
support one of the Atlantic Ocean's most biologically productive and
important marine environments and one of science's greatest oceanic
laboratories. Proclamation 9496 recognized the undersea canyons and
seamounts, the deep-sea, pelagic, and other marine ecosystems they
support, and the biodiversity they contain as objects of historic and
scientific interest and dedicated the
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Federal lands and waters within the monuments' boundaries to their
protection.
To provide for the proper care and management of the monument's objects
of historic and scientific interest, Proclamation 9496 directed the
Secretary of Commerce and the Secretary of the Interior (Secretaries) to
prepare a joint management plan and promulgate implementing regulations,
as appropriate. To the extent consistent with domestic and international
law, Proclamation 9496 also directed the Secretaries to prohibit certain
activities within the monument, including mineral exploration and
development; the use of poisons, electrical charges, or explosives to
collect or harvest monument resources; and drilling into, anchoring,
dredging, or otherwise altering submerged lands. Proclamation 9496 also
directed the Secretaries to prohibit all commercial fishing within the
monument, but allowed the Secretaries to permit a 7-year phase-out for
red crab and American lobster commercial fishing.
Despite the monument's ecological importance, wealth of objects of
historic and scientific interest, and potential for additional
scientific discovery, President Donald Trump issued Proclamation 10049
(Modifying the Northeast Canyons and Seamounts Marine National Monument)
on June 5, 2020, to remove the restrictions on commercial fishing.
Multiple parties challenged Proclamation 10049 in Federal court,
asserting that it exceeded the President's authority under the
Antiquities Act. Restoring the prohibition on commercial fishing will
ensure that the unique, fragile, and largely pristine canyons and
seamounts, and the dynamic ocean systems and marine life they support,
identified in Proclamation 9496 as objects of historic or scientific
interest requiring protection under the Antiquities Act, will be
safeguarded and will continue to provide an important venue for
scientific study and research.
The Canyons Unit and Seamounts Unit each contain interconnected
oceanographic, geologic, and biologic features that create a unique
oceanic system that supports an abundant concentration of biodiversity.
These features' close proximity to each other results in an
interdependent whole that exceeds the sum of its constituent parts.
In the case of the Canyons Unit, the monument boundary closely
corresponds to a contiguous continental shelf break area around the
heads of the three canyons, which extend seaward from features that have
not yet fully taken on the distinctive canyon shape, to the walls and
valleys of the canyons themselves, and out to the start of the outer
shelf thousands of meters below. Within this transitional region, the
walls of the three closely situated canyons combine with ocean currents,
temperature gradients, eddies, and fronts to create significant and
complex nutrient cycling and other processes that result in a
biologically rich and distinct oceanic system. The Canyons Unit is sized
to correspond to and protect these large-scale oceanic processes that
provide the foundation for the distinct habitat that supports numerous
objects of scientific interest. For example, the shallower depths of the
canyons include ecologically significant and vulnerable habitat for
tilefish, which function as ecosystem engineers by creating ``pueblo''
habitat at depths of 100 to 300 meters in the monument's canyons, which
in turn supports a diversity of fish and invertebrate species. The
Canyons Unit also supports a great abundance of marine mammals and other
upper-
[[Page 269]]
trophic level predators attracted to the prey abundance fostered by the
Canyons Unit's unique marine landscape. Due to the close proximity of
the three canyons to one another, congregating marine mammals and
pelagic fish species routinely transit the inter-canyon areas while
foraging among the biologic abundance found there. This is an example of
the important ecological linkages that connect the monument's various
topographies, the surrounding shelf, and the water column above them,
which necessitate protection of the entire interrelated system.
In the case of the Seamounts Unit, the boundary encompasses the four
seamounts and the areas between the edges of Bear and Retriever
Seamounts on the north side, Bear and Mytilus Seamounts on the south
side, and out to the boundary line of the Exclusive Economic Zone on the
east side. These four seamounts, rising thousands of feet from the
surrounding seafloor, are the only seamounts located within U.S.
Atlantic waters. As with the Canyons Unit, the proximity of these
important geologic features to each other influences the currents,
upwelling, stratification, and mixing that make the species and habitat
within the monument so diverse, abundant, and unique. The seamounts
function as oases in the open ocean environment and feature distinct
ecological communities as they grade down from the relatively shallow
seamount peaks to the abyss below. They are critical to protecting the
ecosystem linkages that transport nutrients to the surface through
predator-prey interactions and temperature-driven upwelling, and
transport organic carbon to deep-sea ecosystems (corals and benthic
communities) through plankton and fecal detritus, downwelling materials,
down-slope currents, and animal migration and mortality.
The boundaries of the monument reflect the need to protect the canyons,
seamounts, and the attendant deep-sea, pelagic, and other marine
ecosystems, which are themselves objects of historic and scientific
interest, as well as the complex geologic, oceanographic, and biologic
characteristics in the Canyons Unit and Seamounts Unit. The monument
ensures these vulnerable marine ecosystems are safeguarded and will
remain the great ocean laboratories recognized in Proclamation 9496. The
boundaries are closely hewn to prominent geologic objects that form the
foundation of closely linked habitats, which support the monument's
great abundance and diversity of life. The boundaries are scaled to
avoid cascading negative effects from failing to protect parts of these
complex and interconnected marine environments and their unique
oceanographic processes. In order to ensure effective management and
protection of the objects of historic and scientific interest, straight-
line coordinates are used where possible to provide clear and
enforceable demarcation of this open-ocean monument. For these reasons,
Proclamation 9496 found that the lands owned or controlled by the
Federal Government within the monument's boundaries were the smallest
area compatible with the proper care and management of the objects of
historic and scientific interest designated for protection.
Commercial fishing activity has the potential to significantly degrade
the monument's objects of historic and scientific interest. Bottom-
contact fishing gear and fixed fishing gear (for example, traps,
gillnets, and bottom and pelagic long-line gear) with buoys, submerged
lines, and associated traps, mesh, or hooks, all pose threats to the
canyons and seamounts, the ecosystem, and the deep-sea, pelagic, and
other marine life they support, as well as the additional objects of
historic and scientific interest contained
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therein. Although statutes such as the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq., the Endangered
Species Act, 16 U.S.C. 1531 et seq., the Migratory Bird Treaty Act, 16
U.S.C. 703-712, the National Wildlife Refuge System Administration Act,
16 U.S.C. 668dd-668ee, the Refuge Recreation Act, 16 U.S.C. 460k et
seq., the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., the
Clean Water Act, 33 U.S.C. 1251 et seq., the Oil Pollution Act, 33
U.S.C. 2701 et seq., the National Marine Sanctuaries Act, 16 U.S.C. 1431
et seq., and Title I of the Marine Protection, Research and Sanctuaries
Act (Ocean Dumping Act), 33 U.S.C. 1401 et seq., provide important
safeguards that did not exist prior to the Antiquities Act's passage,
these laws do not adequately address the threats facing the canyons and
seamounts and their surrounding ecosystem. The prohibition on commercial
fishing confers necessary, additional, and lasting protections for the
objects of historic and scientific interest in the Northeast Canyons and
Seamounts Marine National Monument for current and future generations.
Protection of the Northeast Canyons and Seamounts as a marine national
monument preserves significant geological features, marine biota, and
deep-sea, pelagic, and other marine ecosystems that the canyons and
seamounts create and support as they interact with ocean currents,
ensuring that the natural and scientific values of this area are
maintained for the benefit of all Americans and for the discovery of new
information about living marine resources for years to come.
WHEREAS, section 320301 of title 54, United States Code (the
``Antiquities Act'') authorizes the President, in his discretion, to
declare by public proclamation historic landmarks, historic and
prehistoric structures, and other objects of historic or scientific
interest that are situated upon the lands owned or controlled by the
Federal Government to be national monuments, and to reserve as a part
thereof parcels of land, the limits of which shall be confined to the
smallest area compatible with the proper care and management of the
objects to be protected; and
WHEREAS, Proclamation 9496 designated the Northeast Canyons and
Seamounts Marine National Monument in the Atlantic Ocean and reserved
approximately 4,913 square miles of water and submerged lands in and
around certain deep-sea canyons and seamounts situated upon lands and
interests in lands owned or controlled by the Federal Government as the
smallest area compatible with the proper care and management of objects
of historic and scientific interest; and
WHEREAS, Proclamation 10049 modified the conditions of the Northeast
Canyons and Seamounts Marine National Monument to allow commercial
fishing activities, which could impact monument objects; and
WHEREAS, I find that the resources identified above and in Proclamation
9496 are objects of historic or scientific interest in need of
protection under the Antiquities Act; and
WHEREAS, I find that the unique nature of the waters and submerged lands
that make up the marine environment in the Northeast Canyons and
Seamounts area and the collection of objects and resources therein make
the entire area within the boundaries of the monument an object of
historic and scientific interest in need of protection under the
Antiquities Act; and
[[Page 271]]
WHEREAS, I find that there are documented threats to the objects
identified above and in Proclamation 9496; and
WHEREAS, I find that the objects identified above and in Proclamation
9496 are not adequately protected by applicable law and other
administrative designations; and
WHEREAS, I find that the boundaries of the monument reserved by
Proclamation 9496 represent the smallest area compatible with the proper
care and management of the objects of historic or scientific interest;
and
WHEREAS, it is in the public interest to ensure the preservation and
protection of the objects of historic and scientific interest in the
Northeast Canyons and Seamounts Marine National Monument;
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by section 320301 of title 54,
United States Code, hereby proclaim that, in order to provide for the
proper care and management of the objects identified above and in
Proclamation 9496, management of lands and interests in lands owned or
controlled by the Federal Government within the Northeast Canyons and
Seamounts Marine National Monument shall be governed by the management
provisions of Proclamation 9496. Such provisions include paragraph 6 in
the section entitled ``Prohibited Activities'' and paragraph 5 in the
section entitled ``Regulated Activities,'' which provide for the
prohibition of all commercial fishing in the monument, except for red
crab and American lobster commercial fishing, which may be permitted
until September 15, 2023.
The Secretary of Commerce, through the National Oceanic and Atmospheric
Administration, and the Secretary of the Interior, through the United
States Fish and Wildlife Service, share management responsibility for
the monument, as prescribed in Proclamation 9496. Within their
respective authorities, the Secretaries shall prepare a joint management
plan for the monument by September 15, 2023, and, as appropriate, shall
promulgate implementing regulations that address any further specific
actions necessary for the proper care and management of the objects and
area identified above and in Proclamation 9496.
To the extent any provision of Proclamation 10049 is inconsistent with
this proclamation or Proclamation 9496, the terms of this proclamation
and Proclamation 9496 shall govern.
Warning is hereby given to all unauthorized persons not to appropriate,
excavate, injure, destroy, or remove any feature of this monument and
not to locate or settle upon any lands thereof.
If any provision of this proclamation, including its application to a
particular parcel of land, is held to be invalid, the remainder of this
proclamation and its application to other parcels of land shall not be
affected thereby.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10288 of October 14, 2021
Blind Americans Equality Day, 2021
By the President of the United States of America
A Proclamation
Thirty-one years ago, our Nation moved closer to fulfilling its
foundational promise of equal dignity and opportunity for all with the
enactment of the landmark Americans with Disabilities Act. This
bipartisan legislation--which I proudly co-sponsored as a member of the
United States Senate--has made a profound difference in the lives of
blind Americans, paving the way for greater opportunity, self-
sufficiency, independent living, and equitable participation in all
aspects of life. On Blind Americans Equality Day, we recognize the
rights, talents, and contributions of blind and visually impaired
Americans who represent every segment of our diverse population.
My Administration is committed to building on the foundation of the
Americans with Disabilities Act by ensuring that blind and visually
impaired Americans have equitable opportunities for employment and
career advancement. That is why I signed Executive Orders to advance
diversity, equity, inclusion, and accessibility within the Federal
workforce and to raise the minimum wage of Federal contractors to $15 an
hour--orders which will directly impact our many Federal contractors who
are blind and visually impaired. These actions will further enable
Federal workers with disabilities to access reasonable accommodations
and gain greater economic self-sufficiency while spurring the Federal
Government to be a model employer in providing equitable, accessible,
and inclusive work environments for employees with disabilities.
My Administration is also providing funding opportunities across
agencies to advance competitive integrated employment opportunities for
disabled workers. And to provide much-needed financial relief during the
COVID-19 pandemic, my Administration recently awarded $20 million
through the Randolph-Sheppard Vending Facilities Program to assist blind
entrepreneurs and provide opportunities for blind vendors to operate
vending facilities on Federal property.
Building an accessible, equitable Nation for all Americans is a key part
of building back better, and for many families, fulfilling that
commitment begins in America's classrooms. When we invest in education,
we advance equity and opportunity for millions of students, including
children who are blind and visually impaired. My American Rescue Plan
has made over $3 billion available to help State educational agencies
recover from the impact of the COVID-19 pandemic. This funding is
supporting special education, early intervention, and related services
for children with disabilities and their families. While the American
Rescue Plan increased the amount of the Federal Government's financial
contribution to the education of children with disabilities, my
Administration is also working with the Congress to fully fund the
Individuals with Disabilities Education Act--so that disabled students
can receive an education that is tailored to their individual needs.
This is about who we are as Americans--and these actions are helping us
move our country closer to the fulfillment of our highest ideals of
equity and opportunity for all. On Blind Americans Equality Day, we
recommit
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to ensuring freedom, equality, and opportunity for all blind and
visually impaired Americans, whose contributions continue to make our
Nation stronger.
By joint resolution approved on October 6, 1964 (Public Law 88-628, as
amended), the Congress authorized October 15 of each year as ``White
Cane Safety Day,'' which is recognized today as ``Blind Americans
Equality Day,'' to honor the contributions of blind and visually
impaired Americans.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 15, 2021,
as Blind Americans Equality Day. I call upon all government officials,
educators, volunteers, and all the people of the United States to mark
this day with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10289 of October 15, 2021
National Peace Officers' Memorial Service
By the President of the United States of America
A Proclamation
In honor of the National Peace Officers' Memorial Service being held in
Washington, D.C., to remember and pay respect to law enforcement
officers who died in the line of duty and their families, by the
authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, I hereby
order that the flag of the United States shall be flown at half-staff at
the White House and upon all public buildings and grounds, at all
military posts and naval stations, and on all naval vessels of the
Federal Government in the District of Columbia and throughout the United
States and its Territories and possessions on Saturday, October 16,
2021. I also direct that the flag shall be flown at half-staff for the
same length of time at all United States embassies, legations, consular
offices, and other facilities abroad, including all military facilities
and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10290 of October 15, 2021
National Character Counts Week, 2021
By the President of the United States of America
A Proclamation
Every day, each of us makes countless decisions that ultimately define
our character and who we are as people. Life's daily choices may not
always seem consequential, but they have tremendous potential to
transform our communities, our country, and our world. Our words have
the power to lift up or tear down, to inspire or discourage, and to
comfort or torment. Our actions have the power to create or destroy, to
heal or to hurt, and to unify or divide.
As Americans, our individual character--the sum of qualities that
defines who we are and how we treat one another--shapes the character of
our Nation and shapes the world we leave for our children. Our character
is defined and revealed by the choices we make over a lifetime and, in
the case of our Nation, from generation to generation. As we celebrate
National Character Counts Week, I encourage all Americans to examine and
embody the highest ideals that define our Nation and that have helped us
overcome our greatest challenges.
I have long said that the story of America is the story of ordinary
people doing extraordinary things. It is a story of strength and
resilience, courage and character. Today, our Nation faces tests like
very few before--from fighting the COVID-19 pandemic and addressing
longstanding inequities and injustices, to confronting the ravages of
climate change, and responding to threats to our very democracy. Despite
these trials, it is the character of the American people--courageous,
selfless, and community-minded--that is pulling us through. As we see in
our first responders on the frontlines of the pandemic helping their
communities with selfless compassion, in our service members bravely
serving around the globe, in our scientists pursuing knowledge with
integrity, in our firefighters combating wildfires, and in our teachers
and parents and students adapting to new learning environments with
patience and determination--Americans are meeting the moment by working
to see that we overcome our challenges together.
Character is also revealed by our choices. We must choose to uphold the
dignity of all Americans by protecting their health and security,
investing in their education and development, helping the needy and the
vulnerable, and erasing the stain of hate and discrimination from our
society. On this and so many other tasks, I firmly believe that the
American people are up to the challenge.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 17 through
October 23, 2021, as National Character Counts Week. I encourage all
Americans to set aside differences and join in efforts of service that
contribute to their communities.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
October, in the year of our Lord two thousand twenty-one, and of the
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Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10291 of October 15, 2021
National Forest Products Week, 2021
By the President of the United States of America
A Proclamation
For thousands of years, humans have relied on forests for food, fuel,
shelter, and medicine among other important uses. Today, forests support
the livelihoods of people across the globe, providing jobs and an
economic base for families and communities. In the United States, our
forests are vital to our Nation, our people, and our economy. They
provide wildlife habitat, clean air and water, and renewable materials
and energy for the benefit of Americans. Forests also provide Americans
countless opportunities for recreation and relaxation, and they remain
vital for ceremonies and cultural practices long held by Tribal Nations.
During National Forest Products Week, we celebrate the wealth of
products and benefits our forests provide, and we recommit ourselves to
wisely and sustainably stewarding them to meet our Nation's needs today
and long into the future.
While celebrating our forests, we must also acknowledge they are under
duress. Climate change threatens our forests by increasing the severity
and frequency of wildfires, droughts, floods, and extreme temperatures.
My Administration is committed to confronting the climate crisis and the
associated challenges facing our forests, including those stemming from
biodiversity loss, extreme weather, and insect and disease outbreaks.
That is why my Administration launched the ``America the Beautiful''
initiative with the goal of bringing Americans together to conserve at
least 30 percent of our lands and waters by 2030. This initiative
elevates forest restoration as a way to create jobs while also reducing
the threat of catastrophic wildfires, restoring ecosystem function, and
fighting the climate crisis. This ambitious goal will drive us forward
to meet the urgent challenges we face in maintaining the health,
diversity, and productivity of our forests.
Our forests and the many ecosystem services and wood products they
provide are key elements in securing an environmentally sustainable
economy. My Administration will continue to advance community-driven
conservation and restoration initiatives that will create good jobs--
especially in low-income and rural communities--and generate economic
growth. My Administration is also supporting business opportunities that
advance forest conservation and create jobs by expanding markets for
innovative forest products through Federal programs such as the United
States Department of Agriculture Forest Service Wood Innovations and
Community Wood grant programs. We are proposing investments in
sustainable and innovative uses for wood waste materials to produce
advanced biofuels, biochar, heat, and power--including through
sustainable aviation fuels and other
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sustainable biofuels. These programs have the potential to support
increased connections between the health of our forests, economic
opportunity, and the production of valuable renewable energy.
To recognize the importance of the many products generated from our
Nation's forests, the Congress, by Public Law 86-753 (36 U.S.C. 123), as
amended, has designated the week beginning on the third Sunday in
October of each year as ``National Forest Products Week'' and has
authorized and requested the President to issue a proclamation in
observance of this week. As part of National Forest Products Week, let
us rededicate ourselves to working together across public, Tribal, and
private lands to sustain the ability of America's forests to continue to
provide the multitude of benefits that will enhance our lives for
generations to come.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 17 through
October 23, 2021, as National Forest Products Week. I call upon the
people of the United States to join me in this observance and in
recognizing all Americans who are responsible for the stewardship of our
Nation's beautiful, forested landscapes.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10292 of October 18, 2021
Death of General Colin Powell
By the President of the United States of America
A Proclamation
General Colin Powell was a patriot of unmatched honor and dignity. The
son of immigrants, born in New York City, raised in Harlem and the South
Bronx, a graduate of the City College of New York, he rose to the
highest ranks of the United States military and to advise four
Presidents. He believed in the promise of America because he lived it.
And he devoted much of his life to making that promise a reality for so
many others. He embodied the highest ideals of both warrior and
diplomat. He led with his personal commitment to the democratic values
that make our country strong. He repeatedly broke racial barriers,
blazing a trail for others to follow, and was committed throughout his
life to investing in the next generation of leadership. Colin Powell was
a good man who I was proud to call my friend, and he will be remembered
in history as one of our great Americans.
As a mark of respect for General Powell and his life of service to our
Nation, I hereby order, by the authority vested in me as President of
the United States by the Constitution and the laws of the United States
of America, that the flag of the United States shall be flown at half-
staff at the
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White House and upon all public buildings and grounds, at all military
posts and naval stations, and on all naval vessels of the Federal
Government in the District of Columbia and throughout the United States
and its Territories and possessions until sunset on October 22, 2021. I
also direct that the flag shall be flown at half-staff for the same
length of time at all United States embassies, legations, consular
offices, and other facilities abroad, including all military facilities
and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10293 of October 22, 2021
United Nations Day, 2021
By the President of the United States of America
A Proclamation
Seventy-six years ago, emerging from the ashes of a devastating World
War, countries around the world embarked on a shared mission: creating a
rules-based international order, grounded in democratic values, to
advance universal human rights, promote the peaceful settlement of
disputes, and ensure adherence to international law. The United Nations
was--and remains--the cornerstone of that international order,
contributing to unmatched strides towards peace and prosperity shared
around the world. Our collective resolve, expressed in the United
Nations Charter, remains to uphold our ``faith in fundamental human
rights, in the dignity and worth of the human person, in the equal
rights of men and women and of nations large and small.'' On United
Nations Day, we celebrate the achievements of this bold declaration,
reaffirm the inherent humanity that unites us, and renew our commitment
to building a future that advances peace, dignity, and security for all.
Today, we stand in a moment of great pain and extraordinary possibility.
Globally, nearly 5 million lives have been lost due to the COVID-19
pandemic, climate catastrophes continue to ravage our communities,
inequalities and inequities are on the rise, democracy is under threat,
and abuses of emerging technologies are destabilizing societies. Yet we
also have new tools and new opportunities to rebuild a better world that
is safer and freer for generations yet to come. It is clear that these
global challenges require global cooperation, and the United States is
determined to lead alongside our allies and partners to tackle the most
pressing issues of our age. The United Nations remains the most
important forum of its kind for mobilizing collective action to resolve
global problems, maintain international peace and security, advance
human rights, promote health and well-being, protect the vulnerable and
marginalized, and sustain a rules-based international order. As the
largest financial contributor to the United Nations, the United States
has a deep stake in strengthening and modernizing the multilateral
system to better enable us to meet the challenges of the 21st century.
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The United Nations remains critical to advancing our national security
and foreign policy interests. Since I took office, my Administration has
rejoined the Paris Climate Agreement, launched a campaign for a seat on
the United Nations Human Rights Council, and restored United States
membership in and funding for the World Health Organization. Because
none of us will be safe until all of us are safe, the United States is
providing over $15 billion toward the global COVID-19 response and has
delivered more than 190 million doses of the COVID-19 vaccine to nations
around the world, including our COVAX donations. To date, we have
pledged to donate more than 1.2 billion doses of the COVID-19 vaccine,
and we will continue to think big and do what we must to lead the world
out of this pandemic. To ensure that the United Nations can play its
central role in delivering global solutions for today's challenges, my
budget proposal calls for the United States to pay its share of the
United Nations' annual regular and peacekeeping budgets in full. With
these key contributions, we are making clear to the world that America
is committed to fulfilling its historic role and responsibility to
safeguard and strengthen the rules-based order.
We are at an inflection point in history. The choices we make in the
next few years--whether or not we come together to face our greatest
global challenges--will determine our future for decades to come. The
United States stands firmly in support of the United Nations and will
continue to rally the world to action not just with the example of our
power but with the power of our example. Let us remember that our
determination and faith in a better future laid the groundwork for the
creation of the United Nations 76 years ago. Now, in a new century, we
must work with allies and partners to strengthen the United Nations to
effectively and efficiently tackle the challenges that defy political
borders and geographical boundaries today. Tremendous work lies ahead of
us, but we all share the responsibility to recommit ourselves to the
original vision and values enshrined in the United Nations Charter:
freedom, equality, opportunity, and human dignity. By doing so, we can
build back a better world and ensure America's lasting leadership on the
world stage.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim October 24, 2021,
as United Nations Day. I urge the Governors of the United States and its
Territories, and the officials of all other areas under the flag of the
United States, to observe United Nations Day with appropriate ceremonies
and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10294 of October 25, 2021
Advancing the Safe Resumption of Global Travel During the COVID-19
Pandemic
By the President of the United States of America
A Proclamation
The continued spread of the SARS-CoV-2 virus that causes coronavirus
disease 2019 (COVID-19) is a global threat to our health and safety.
COVID-19 has resulted in more than 733,000 deaths in the United States
and more than 4,932,000 deaths worldwide. New variants of SARS-CoV-2
have also emerged globally, and variants that are more transmissible or
cause more severe disease than the original virus strain are identified
by the United States Government SARS-CoV-2 Interagency Group as variants
of concern. Globally, as of October 20, 2021, 166 countries have
reported cases of the B.1.617.2 (Delta) variant, a variant of concern
that spreads more easily than previously discovered variants of SARS-
CoV-2. The potential emergence of a variant of high consequence--one
that significantly reduces the effectiveness of prevention measures or
medical countermeasures--is also a primary public health concern.
It is the policy of my Administration to implement science-based public
health measures, across all areas of the Federal Government, to prevent
further introduction, transmission, and spread of COVID-19 into and
throughout the United States, including from international air
travelers. The Centers for Disease Control and Prevention (CDC) within
the Department of Health and Human Services has determined that the best
way to slow the spread of COVID-19, including preventing infection by
the Delta variant, is for individuals to get vaccinated. According to
the CDC, vaccinated individuals are 5 times less likely to be infected
and 10 times less likely to experience hospitalization or death due to
COVID-19 than unvaccinated individuals. Other mitigation measures are
also critical to slowing the spread of COVID-19. These measures include
testing and mask-wearing, which are particularly important strategies to
limit the spread of COVID-19 from asymptomatic and pre-symptomatic
individuals, as well as self-quarantining and self-isolating. But
vaccination is the most important measure for reducing the risk of
COVID-19 transmission and for avoiding severe illness, hospitalization,
and death.
Substantial efforts are being made to increase vaccination rates across
the globe. The availability of COVID-19 vaccines is rising, and over 6
billion doses have been administered globally. As of October 24, 2021,
29 countries have a COVID-19 vaccination rate higher than 70 percent,
many countries are making efforts to encourage COVID-19 vaccination for
their populations, and some countries are considering or adding proof of
vaccination requirements as conditions for entry. Many low-income
countries continue to have limited vaccine availability, but the United
States is leading a global effort to donate hundreds of millions of
vaccine doses where they are needed the most.
In light of these facts and circumstances, I have determined that it is
in the interests of the United States to move away from the country-by-
country restrictions previously applied during the COVID-19 pandemic and
to adopt an air travel policy that relies primarily on vaccination to
advance the safe
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resumption of international air travel to the United States. This
proclamation governs the entry into the United States of noncitizen
nonimmigrants--that is, noncitizens who are visiting the United States
or otherwise being admitted temporarily--traveling to the United States
by air. It suspends the entry of unvaccinated noncitizen nonimmigrants,
except in limited circumstances, and it ensures that the entry of
unvaccinated noncitizen nonimmigrants is consistent with applicable
health and safety determinations made by the Director of the CDC,
including a requirement that, where appropriate, such individuals agree
and arrange to become fully vaccinated against COVID-19 upon their
arrival. My Administration has also taken action, apart from this
proclamation, to ensure that noncitizen immigrants are vaccinated prior
to air travel to the United States.
Together, these policies aim to limit the risk that COVID-19, including
variants of the virus that causes COVID-19, is introduced, transmitted,
and spread into and throughout the United States, potentially
overwhelming United States healthcare and public health resources,
endangering the health and safety of the American people, and
threatening the security of our civil aviation system. Given the
resumption of air travel as worldwide restrictions due to the COVID-19
pandemic begin to ease, these policies will, consistent with the
measures required by Executive Order 13998 of January 21, 2021
(Promoting COVID-19 Safety in Domestic and International Travel),
advance the safety and security of the air traveling public, the
government personnel responsible for ensuring the security of air
travel, and the millions of individuals employed by the United States
air travel industry, as well as their families and communities, while
also allowing the domestic and global economy to continue its recovery
from the effects of the COVID-19 pandemic.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 1182(f) and 1185(a) of
title 8, United States Code, and section 301 of title 3, United States
Code, hereby find that it is in the interests of the United States to
advance the resumption of international travel to the United States,
provided necessary health and safety protocols are in place to protect
against the further introduction, transmission, and spread of COVID-19
into and throughout the United States. I further find that vaccination
requirements are essential to advance the safe resumption of
international travel to the United States and that the unrestricted
entry of persons described in section 2 of this proclamation would,
except as provided for in section 3(a) of this proclamation, be
detrimental to the interests of the United States, and that their entry
should be subject to certain restrictions, limitations, and exceptions.
I therefore hereby proclaim the following:
Section 1. Revocation of Country-Specific Suspensions and Limitations on
Entry. Proclamation 9984 of January 31, 2020 (Suspension of Entry as
Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting
2019 Novel Coronavirus and Other Appropriate Measures To Address This
Risk), Proclamation 9992 of February 29, 2020 (Suspension of Entry as
Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a
Risk of Transmitting 2019 Novel Coronavirus), Proclamation 10143 of
January 25, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of
Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus
Disease 2019), and Proclamation 10199 of April 30, 2021 (Suspension of
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Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of
Transmitting Coronavirus Disease 2019), are revoked.
Sec. 2. Global Suspension and Limitation on Entry of Certain Individuals
Who Are Not Fully Vaccinated Against COVID-19. (a) The entry into the
United States by air travel of noncitizens who are nonimmigrants and who
are not fully vaccinated against COVID-19 is suspended and limited,
except as provided in section 3 of this proclamation. This suspension
and limitation on entry applies only to air travelers to the United
States and does not affect visa issuance.
(b) Any noncitizen who is a nonimmigrant, who is not fully
vaccinated against COVID-19, and who, notwithstanding section 2(a) of
this proclamation, is permitted to enter the United States by air travel
pursuant to section 3(b) of this proclamation must agree to comply with
applicable public health precautions established by the Director of the
CDC to protect against the public health risk posed by travelers
entering into the United States. Such precautions may be related to
vaccination, testing, mask-wearing, self-quarantine, and self-isolation,
as determined by the Director of the CDC, and may include requirements
that individuals:
(i) provide proof of pre-departure testing for COVID-19, as determined by
the Director of the CDC;
(ii) take precautions during air travel to protect against the further
introduction, transmission, and spread of COVID-19, including by wearing a
face mask, as determined by the Director of the CDC;
(iii) provide proof of having arranged for post-arrival testing for COVID-
19, as determined by the Director of the CDC; and
(iv) provide proof of having arranged to self-quarantine or self-isolate
after arriving in the United States, as determined by the Director of the
CDC.
(c) Any noncitizen who is a nonimmigrant, who is not fully
vaccinated against COVID-19, and who, notwithstanding section 2(a) of
this proclamation, is permitted to enter the United States by air travel
pursuant to section 3(b) of this proclamation must agree to become fully
vaccinated against COVID-19 within 60 days of arriving in the United
States, within some other timeframe as determined by the Director of the
CDC, or as soon as medically appropriate as determined by the Director
of the CDC, and must provide proof of having arranged to become fully
vaccinated against COVID-19 after arriving in the United States, unless:
(i) the noncitizen's intended stay is sufficiently brief, as determined by
the Director of the CDC;
(ii) the noncitizen is one for whom, given their age, requiring vaccination
would be inappropriate, as determined by the Director of the CDC;
(iii) the noncitizen has participated or is participating in certain
clinical trials for COVID-19 vaccination, as determined by the Director of
the CDC;
(iv) COVID-19 vaccination is medically contraindicated for the noncitizen,
as determined by the Director of the CDC;
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(v) the noncitizen is described in section 3(b)(i) or 3(b)(ii) of this
proclamation and has previously received a COVID-19 vaccine that is
authorized or approved by the noncitizen's country of nationality, as
determined by the Director of the CDC, in consultation with the Secretary
of State; or
(vi) the Director of the CDC otherwise determines that COVID-19 vaccination
is not warranted for the noncitizen.
Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension
and limitations on entry in section 2 of this proclamation shall not
apply to any noncitizen seeking entry as a crew member of an airline or
other aircraft operator if such crew member or operator adheres to all
industry standard protocols for the prevention of COVID-19, as set forth
in relevant guidance for crew member health issued by the CDC or by the
Federal Aviation Administration in coordination with the CDC.
(b) The suspension and limitations on entry in section 2(a) of this
proclamation shall not apply to:
(i) any noncitizen seeking entry into or transiting the United States
pursuant to one of the following nonimmigrant visa classifications: A-1, A-
2, C-2, C-3 (as a foreign government official or immediate family member of
an official), E-1 (as an employee of TECRO or TECO or the employee's
immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or
NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO
classifications);
(ii) any noncitizen whose travel falls within the scope of section 11 of
the United Nations Headquarters Agreement or who is traveling pursuant to
United States legal obligation (as evidenced by a letter of invitation from
the United Nations or other documentation showing the purpose of such
travel);
(iii) any noncitizen for whom, given their age, requiring vaccination would
be inappropriate, as determined by the Director of the CDC, taking into
account global vaccine availability for individuals in that age group;
(iv) any noncitizen who has participated or is participating in certain
clinical trials for COVID-19 vaccination, as determined by the Director of
the CDC;
(v) any noncitizen for whom accepted COVID-19 vaccination is medically
contraindicated, as determined by the Director of the CDC;
(vi) any noncitizen who has been granted an exception by the Director of
the CDC for humanitarian or emergency reasons, as determined by the
Director of the CDC;
(vii) any noncitizen who is a citizen of a foreign country where the
availability of COVID-19 vaccination is limited, as identified pursuant to
section 4(a)(v) of this proclamation, and who seeks to enter the United
States pursuant to a nonimmigrant visa, except for a B-1 or B-2 visa;
(viii) any noncitizen who is a member of the United States Armed Forces or
who is a spouse or child of a member of the United States Armed Forces;
(ix) any noncitizen seeking entry as a sea crew member traveling pursuant
to a C-1 and D nonimmigrant visa, if such crew member adheres to
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all industry standard protocols for the prevention of COVID-19, as set
forth in relevant guidance for crew member health by the CDC; or
(x) any noncitizen or group of noncitizens whose entry would be in the
national interest, as determined by the Secretary of State, the Secretary
of Transportation, the Secretary of Homeland Security, or their designees.
Sec. 4. Implementation and Enforcement. (a) The Secretary of Health and
Human Services, through the Director of the CDC, shall implement this
proclamation as it applies to the public health through such procedures
as may be established, and consistent with the CDC's independent public
health judgment, including by:
(i) defining and specifying accepted COVID-19 vaccines or combinations of
accepted COVID-19 vaccines, and medical contraindications to accepted
COVID-19 vaccines or combinations of accepted COVID-19 vaccines, for
purposes of this proclamation;
(ii) defining whether an individual is fully vaccinated against COVID-19,
and specifying acceptable methods of proving that an individual is fully
vaccinated against COVID-19, for purposes of this proclamation;
(iii) specifying acceptable methods of proving that an individual has
arranged to comply with applicable public health requirements and protocols
to protect against the further introduction, transmission, and spread of
COVID-19 into and throughout the United States, including pre-departure
testing, post-arrival testing, post-arrival self-quarantine or self-
isolation, and post-arrival vaccination against COVID-19, for purposes of
this proclamation;
(iv) determining whether certain persons qualify as participants in certain
clinical trials for COVID-19 vaccination, for purposes of this
proclamation;
(v) maintaining a list of countries where the availability of COVID-19
vaccination is limited, with such countries defined as those where less
than 10 percent of the country's total population has been fully vaccinated
with any available COVID-19 vaccine or are otherwise determined by the
Director of the CDC to qualify as countries where the availability of
COVID-19 vaccination is limited; and
(vi) establishing other public health measures consistent with this
proclamation to protect against the further introduction, transmission, and
spread of COVID-19 into and throughout the United States by persons
described in section 2 of this proclamation.
(b) The Secretary of Transportation and the Secretary of Homeland
Security shall take steps to ensure that airlines do not permit
noncitizens barred from entry pursuant to this proclamation to board an
aircraft traveling to the United States, to the extent permitted by law.
(c) Executive departments and agencies shall implement this
proclamation, as appropriate and consistent with applicable law, in
accordance with such procedures as they may establish.
(d) The Secretary of State, the Secretary of Transportation, and the
Secretary of Homeland Security shall review any regulations, orders,
guidance documents, policies, and any other similar agency actions
developed pursuant to Proclamations 9984, 9992, 10143, and 10199 and, as
appropriate,
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shall consider revising or revoking these agency actions consistent with
the policy set forth in this proclamation.
(e) Nothing in this proclamation shall be construed to affect any
individual's eligibility for asylum, withholding of removal, or
protection under the regulations issued pursuant to the legislation
implementing the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, consistent with the laws and
regulations of the United States.
(f) Nothing in this proclamation shall be construed to limit the
CDC's authority to impose public health requirements and protocols,
including on individuals who are fully vaccinated against COVID-19,
individuals covered by this proclamation, or individuals not covered by
this proclamation, such as United States citizens, lawful permanent
residents, or noncitizens traveling on immigrant visas.
Sec. 5. Termination. This proclamation shall remain in effect until
terminated by the President. The Secretary of Health and Human Services
shall, as circumstances warrant and no more than 60 days after the date
of this proclamation and by the final day of each calendar month
thereafter, recommend whether the President should continue, modify, or
terminate this proclamation.
Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m.
eastern standard time on November 8, 2021. This proclamation does not
apply to persons aboard a flight scheduled to arrive in the United
States that departed prior to 12:01 a.m. eastern standard time on
November 8, 2021.
Sec. 7. Severability. It is the policy of the United States to enforce
this proclamation to the maximum extent possible to advance the national
security, public safety, and foreign policy interests of the United
States. Accordingly, if any provision of this proclamation, or the
application of any provision to any person or circumstance, is held to
be invalid, the remainder of this proclamation and the application of
its provisions to any other persons or circumstances shall not be
affected thereby.
Sec. 8. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10295 of October 29, 2021
Critical Infrastructure Security and Resilience Month, 2021
By the President of the United States of America
A Proclamation
For generations, American infrastructure--from the Erie Canal and the
Transcontinental Railroad to the Hoover Dam--has been a cornerstone of
our economic power, providing jobs, facilitating transportation,
bolstering security, and overcoming barriers posed by distance and
geography. During Critical Infrastructure Security and Resilience Month,
we renew our commitment to securing and enhancing the resilience of our
Nation's critical infrastructure.
Threats to the critical infrastructure that we all depend on, which
underpins our economic and national security, are among the most
significant and growing concerns for our Nation, including cyber
threats, physical threats, and climate threats. Our country has seen how
the technologies we rely on can be targeted by criminal activity and how
extreme weather exposes the weaknesses in our power, water,
communication, and transportation networks. We must do everything we can
to safeguard and strengthen the systems that protect us; provide energy
to power our homes, schools, hospitals, businesses, and vehicles;
maintain our ability to connect; and ensure that we have reliable access
to safe drinking water. While our Nation has been resilient as we have
navigated this pandemic, we must continue investing in our workforce to
keep pace with the threats we face and ensure we are building back
better.
I am committed to protecting our critical infrastructure and improving
security and resilience efforts across the Nation. Most of our Nation's
critical infrastructure--from communication lines to transportation
networks--depends on coordination and cooperation among Federal, State,
Tribal, and local governments, along with industry partners. That is
why, earlier this year, my Administration launched an Industrial Control
Systems Cybersecurity Initiative to strengthen the security of our
country's critical infrastructure, which has already created 100-day
action plans for the electricity and natural gas pipeline sectors, with
more to come, and we institutionalized that Initiative with a National
Security Memorandum on Improving Cybersecurity for Critical
Infrastructure Control Systems. The voluntary initiative is a
collaborative effort between the Federal Government and our private
sector partners to significantly improve the cybersecurity of our
critical systems by providing technologies that detect threats and can
respond in essential control system and operational technology networks.
The Department of Homeland Security and the National Institute of
Standards and Technology are also partnering with the private sector to
develop `performance goals'--cybersecurity baselines that will improve
our Nation's security if critical infrastructure sectors adopt them.
Finally, critical infrastructure resilience greatly benefits from close
partnerships at home and abroad, and this October, my Administration
launched a Counter Ransomware Initiative with more than 30 partners and
allies.
At home, my Administration is committed to making a once-in-a-generation
investment to prioritize secure, sustainable, and resilient
infrastructure. Streamlining access to Federal programs and grants to
help States and local
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government build capacity helps ensure we are modernizing our
infrastructure to be more climate-resilient and building a clean energy
future that will create millions of jobs. The Bipartisan Infrastructure
Deal includes $550 billion for our Nation's roads and bridges, water
infrastructure, internet, and more. Our agenda also contains the largest
Federal investment in power transmission in our Nation's history,
ensuring a more reliable grid that has the capability to carry more
renewable energy. These investments will strengthen our Nation and
bolster our ability to lead, and they will help mitigate socio-economic
disparities, advance racial equity, facilitate equitable recovery, and
promote affordable access to opportunities for every American.
Protecting our critical transportation infrastructure--including our
bridges and roads--takes all of us working together.
A key dimension of the Nation's resilience is safeguarding our
democracy, which requires securing our election infrastructure. We have
made tremendous progress working with State and local election officials
over the past several years, but there is more to be done. We are
particularly focused on improving the physical security of election
officials as they face increasing threats of violence, securing election
systems from cyber attacks, and confronting one of the most significant
threats we see today: disinformation campaigns designed to undermine
confidence in our elections, and ultimately, confidence in our democracy
and our democratic institutions.
The threats against our critical infrastructure are increasingly complex
and nuanced, and we all must be prepared to better protect ourselves
from malicious actors threatening our cyber and physical security. That
means staying vigilant, investing in new security measures, being
prepared to respond to threats, and collaborating more with our
partners. During Critical Infrastructure Security and Resilience Month,
we reaffirm our commitment to protecting our infrastructure today and
securing it for tomorrow.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 2021 as
Critical Infrastructure Security and Resilience Month. I call upon the
people of the United States to recognize the importance of protecting
our Nation's infrastructure and to observe this month with appropriate
measures to enhance our national security and resilience.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10296 of October 29, 2021
National Adoption Month, 2021
By the President of the United States of America
A Proclamation
Every child deserves to grow up with a safe and loving family, with the
care and support of their community. During National Adoption Month, we
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celebrate all of the children and families nurtured, enriched, and made
whole by adoption and recommit ourselves to ensuring that every child in
America can grow up in a loving and supportive home.
The COVID-19 pandemic has made it especially challenging for children in
the foster care system. For thousands of young people in foster care,
navigating the challenges of growing up can be especially difficult
without stable family connections. Because of the added difficulties
imposed by the pandemic, my Administration has implemented the
substantial investments made through the Supporting Foster Youth and
Families Through the Pandemic Act to help older adolescents
transitioning from the foster care system maintain housing, stay in
school, pay the bills, and lay a strong foundation for adulthood. My
Administration encourages States to continue using these available funds
to support older foster youth in every way they can.
During this month, we also acknowledge the history of injustices and
racial bias in our Nation's child welfare system. To this day, Black and
Native American children are more likely to be removed from their homes,
more likely to stay in care longer, and less likely to be adopted than
white children. To ensure the equal dignity and care of all our
children, we must improve our efforts to keep families together, prevent
the trauma of unnecessary child removal, and recruit and support new
adoptive families--especially kinship caregivers. Finally, we must
further support families who have already taken youth into their homes
and invest the time and energy needed to ensure that all children--
including LGBTQ+ youth whose needs are not always met in the foster care
system--can find the happiness and well-being that every child and young
person deserves.
This National Adoption Month, we celebrate the families who have been
forged through adoption, including from foster care. We extend our
gratitude to the dedicated professionals who work tirelessly to support
adoptive families through compassion and hard work and to the foster
families who love, care, and provide for our Nation's foster youth. Most
importantly, we acknowledge the strength and resiliency of the children
and youth who are still waiting to find their forever homes.
NOW, THEREFORE I, JOSEPH R. BIDEN JR., President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim November 2021 as
National Adoption Month. I encourage all Americans to observe this month
by helping children and youth in need of a permanent home secure a more
promising future with a forever family and enter adulthood with the love
and connections that are so important to their growth.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10297 of October 29, 2021
National Alzheimer's Disease Awareness Month, 2021
By the President of the United States of America
A Proclamation
For more than 6 million Americans and the family members and friends who
love them, Alzheimer's disease can be devastating. This common form of
dementia is a cruel and fatal condition that erodes the ability to
think, to recall precious memories, and to live independently. During
National Alzheimer's Disease Awareness Month, we stand with all those
families confronting this challenging disease and recommit ourselves to
improving treatment and finding a cure.
A leading cause of death in seniors, Alzheimer's exacts a heartbreaking
human toll on our Nation--as well as a deep economic toll, with the cost
of treatment exceeding $300 billion in 2020 alone. But recent advances
in biomedical science offer hope for better days ahead. As the
scientific community continues to make strides toward a better
understanding of Alzheimer's--and, ultimately, a cure--it is critical
that we do all we can to expedite progress and alleviate the suffering
caused by this disease.
To that end, I have asked the Congress to fund a new program called the
Advanced Research Projects Agency for Health (ARPA-H). Modeled on the
Defense Advanced Research Project Agency, a Government program that led
to the creation of the Internet, GPS, and countless other vital
technologies, ARPA-H would accelerate our research on detecting,
treating, and curing diseases like Alzheimer's. My Administration is
also building on the progress of the Obama-Biden Administration's
National Plan to address Alzheimer's, which set our Nation on an
aggressive course to improve research, provide optimal medical care, and
enhance long-term services to meet the needs of families in the United
States currently living with this terrible disease. As we pursue this
effort, my Administration is also committed to ensuring that people who
are disproportionately affected by Alzheimer's and related dementias--
especially older Black and Brown Americans, who are 2 to 3 times more
likely to be affected--are seen, heard, and included in the quest to
treat and prevent these conditions.
As we mark National Alzheimer's Disease Awareness Month, we also honor
those who care and provide for the victims of this devastating disease.
The work of our Nation's caregivers can be physically demanding and
emotionally exhausting--especially during the COVID-19 pandemic, when
caregivers have made substantial sacrifices to protect their loved ones
suffering from Alzheimer's. Caregivers deserve our respect as well as
our support, which is why the American Rescue Plan invested $145 million
to help caregivers provide for their loved ones--a foundation that my
Administration's Build Back Better agenda will build upon.
I believe that our Nation stands at an unprecedented moment of
scientific promise--it is critical that we keep up the fight against
Alzheimer's until a cure is found and continue to care for all those
affected by this condition in the meantime. For resources and
information on living with or caring for someone with Alzheimer's
disease, please visit www.Alzheimers.gov.
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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 2021 as
National Alzheimer's Disease Awareness Month. I call upon the people of
the United States of America to learn more about Alzheimer's and to
offer their support to the individuals living with this disease and to
their caregivers.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10298 of October 29, 2021
National College Application Month, 2021
By the President of the United States of America
A Proclamation
When America made 12 years of public education universal more than a
century ago, it gave us the best-educated, best-prepared workforce in
the world--which in turn was a major part of why we were able to lead
the world in the 20th century. Today, however, we know that 12 years is
no longer enough to compete. American students deserve every opportunity
to gain the skills they need to carve out a place for themselves in
tomorrow's economy. But according to a recent study, the United States
now ranks 33rd out of 44 advanced economies when it comes to the share
of our young people who have attained a degree beyond high school.
If we are going to set the pace around the globe once more--on research
and development, innovation and discovery, equity and opportunity, and
creating good-paying jobs with dignity--it is imperative that we put an
affordable, high-quality education after high school within reach of
every American student. During College Application Month, we celebrate
the possibilities that postsecondary education provides and encourage
Americans to apply to colleges and universities as we work to ensure
that every student has a chance to reach their full potential and
strengthen our Nation's future.
My Administration is working hard to ensure that higher education is
equitable, accessible, and affordable for every student in every
community. That is why my Administration Build Back Better framework
includes major investments in community colleges, as well as our
essential network of Historically Black Colleges and Universities
(HBCUs), Tribal Colleges and Universities (TCUs), and other Minority
Serving Institutions (MSIs). In addition, my plan would increase the
Federal Pell Grant award, a key resource to help students from lower-
income families afford college--including costs beyond tuition. Each of
these investments will help America's young people, including Dreamers,
earn a better shot at the good-paying jobs of tomorrow. My
Administration is also working to modernize the Free Application for
Federal Student Aid form. Finally, we are taking steps to ensure that
academic institutions do a better job of providing students with clear
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and transparent information on how much they can expect to pay for
college and their options to afford those costs.
However, as important to our Nation's future as accessing college is,
college completion is just as critical. Far too many students enter
college only to have to drop out before graduation, and we are seeing
firsthand how the pandemic has exacerbated the challenges students face
as they seek to complete their studies. COVID-19 has significantly
increased economic insecurity for families across the country,
particularly for people of color, the LGBTQ+ community, and those in
low-income communities, resulting in new, unequal barriers to college
enrollment and completion. My Administration stands ready to support our
Nation's colleges in welcoming back every student who had to put their
education goals on hold due to the pandemic.
My Administration has also called for bold investments in completion and
retention at colleges and universities that serve high numbers of low-
income students--including community colleges--so that all Americans
have the opportunity to obtain an education beyond high school. These
investments would help cover proven solutions for student success,
including providing wraparound services such as child- and elder-care,
mental health services, accessibility resources, and emergency basic
needs grants, in order to help more Americans enter and graduate
college.
Additionally, my Administration is working hard to provide institutions
with funding and flexibility to meet students' needs. Earlier this year,
we launched an outreach campaign to millions of Federal Pell Grant
recipients who are now eligible for a monthly discount on broadband
internet service under a temporary program administered by the Federal
Communications Commission. We have also partnered with other agencies
across the Federal Government to notify institutions and their students
about expanded access to the Supplemental Nutrition Assistance Program,
health care benefits, tax cuts for those raising children, and financial
aid and postsecondary education opportunities for students and families
facing unemployment.
This month, we celebrate the hard work and promise of students across
the country and recommit ourselves to building back better by ensuring
that everyone in America can pursue and complete a high-quality,
affordable higher education. We thank the parents and loved ones,
teachers, professors, administrators, financial aid professionals,
college access organizations, mentors and counselors who help our
students throughout the college application process and beyond.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 2021 as
National College Application Month. I call upon public officials,
educators, parents, students, and all Americans to observe this month
with appropriate programs, ceremonies, and activities designed to
encourage students to make plans about, apply for, and graduate from
college.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10299 of October 29, 2021
National Diabetes Month, 2021
By the President of the United States of America
A Proclamation
Over the last 20 years, our Nation has seen a significant rise in the
number of adults diagnosed with diabetes--a chronic condition that can
lead to heart disease, kidney disease, vision loss, and other serious
health problems. Today, more than 34 million American adults are living
with diabetes, and an estimated 88 million more may be at risk of
developing the disease. During National Diabetes Month, we draw
awareness to all forms of this dangerous condition--including Type 1,
Type 2, and gestational diabetes and prediabetes--and recommit ourselves
to finding a cure.
Over the last year and a half, people living with diabetes have faced
heightened risks to their health, as their illness makes them more
vulnerable to the worst effects of COVID-19. This has been especially
true for far too many Black, Brown, and Indigenous Americans, who face a
disproportionate risk of being diagnosed with diabetes and who have
shouldered the burden of the pandemic at disproportionate rates. More
young Americans are also living with Type 2 diabetes than ever before,
putting them at risk of developing serious health problems later in
life. Americans who are diagnosed have faced the added challenge of
unacceptably high insulin prices--putting their health and the financial
well-being of their family at risk.
My Administration is committed to finding a cure for diabetes. To that
end, I have asked the Congress to fund a new agency called the Advanced
Research Projects Agency for Health (ARPA-H). Modeled on the Defense
Advanced Research Project Agency, a Government program that led to the
creation of the Internet, GPS, and countless other vital technologies--
ARPA-H would accelerate our research on detecting, treating, and curing
diseases like diabetes and Alzheimer's. In addition to this effort, my
Administration has provided funding through the American Rescue Plan to
address diabetes and other chronic diseases by shoring up our public
health infrastructure and combatting hunger and food insecurity. To
lower the costs faced by more than 7 million Americans who require
insulin to treat their diabetes, I have called on the Congress to give
Medicare the power to negotiate prescription drug prices, especially for
companies that do not face competition.
As we work together to fight diabetes, my Administration will continue
to build on the Affordable Care Act (ACA) and strengthen the coverage it
provides for nearly 2 million American adults with diabetes. The ACA
continues to connect people with services and health care providers who
can ensure appropriate testing, prevention, and treatment of diabetes
and the many conditions it can spawn. Millions of families enrolled in
private insurance, Medicare, and Medicaid are benefiting from the ACA's
critical provisions, which help Americans with diabetes live better,
longer lives as we continue searching for a cure.
While we continue to seek that cure, my Administration is also working
to improve our awareness and prevention of Type 2 diabetes. Thanks in
part to the Diabetes Prevention Program at the National Institutes of
Health,
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we know that lifestyle changes--including increased physical activity
and healthy eating--can prevent or delay Type 2 diabetes for people at
high risk. Eligible Americans can also take part in the National
Diabetes Prevention Program, a lifestyle change program led by the
Centers for Disease Control and Prevention (CDC) at sites around the
country. Because so many cases of diabetes go undiagnosed, the CDC
offers an online risk test so that everyone can learn about their risk
factors for the disease.
This year marks the 100th anniversary of the discovery of insulin, a
crucial hormone that has saved millions of lives. As we continue our
work to lower health care costs, expand coverage, and find a cure for
diabetes, we commemorate this important discovery and recommit ourselves
to improving treatment for all types of diabetes.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim the month of
November 2021 as National Diabetes Month. I call upon all Americans,
school systems, government agencies, nonprofit organizations, health
care providers, research institutions, and other interested groups to
join in activities that raise diabetes awareness and help prevent,
treat, and manage the disease.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10300 of October 29, 2021
National Entrepreneurship Month, 2021
By the President of the United States of America
A Proclamation
Every day, American entrepreneurs combine passion, resilience, and
ingenuity to solve hard problems and create products and businesses that
improve our lives. American entrepreneurs create and scale new
technologies, products, and services. They build businesses and, in some
cases, entire industries. Their work helps grow our economy, creates
good jobs, and increases our prosperity. Entrepreneurs have repeatedly
risen to meet our Nation's and our world's complex challenges, and
during National Entrepreneurship Month, we celebrate our Nation's
entrepreneurs--both past and present--who exemplify the American spirit
and recognize their important contributions to our people, our economy,
and the world.
The COVID-19 pandemic has posed historic challenges to our country and
our Nation's entrepreneurs. Many businesses closed, and main streets
became quiet. Despite these setbacks, American entrepreneurs showed
incredible fortitude, finding innovative and effective ways to adapt
their businesses as we fight a once-in-a-century crisis. To help our
Nation's businesses and entrepreneurs recover during the pandemic, my
Administration ensured that nearly $300 billion in forgivable Paycheck
Protection Program
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loans went to our smallest businesses, with more than 95 percent going
to businesses with less than 20 employees, and provided over $28 billion
in support to over 100,000 businesses through the Restaurant
Revitalization Fund. In the midst of the economic disruption caused by
the pandemic, Americans started more than 4 million businesses last
year, a 24 percent increase from the year before--the highest number of
monthly business applications on record--and start-up rates growing the
most among immigrants and Black, Latino, and Asian, Native Hawaiian, and
Pacific Islander Americans. This is important for our future success, as
small businesses are the engines of our economic progress--and the heart
and soul of our communities.
My Administration is committed to supporting all of our Nation's
entrepreneurs to ensure that they can continue to play a key role in
strengthening our economy and our society for years to come. My
Administration's Build Back Better framework will deliver on the crucial
infrastructure investments that form the foundation for success for
entrepreneurs across the country. From investing in universal,
affordable broadband to making the largest-ever Federal investments in
public transit, passenger rail, and bridges, we will reinvigorate
communities and their local economies. My Administration's framework
will also provide much needed support for our entrepreneurs, including
new loan and venture capital programs targeting the smallest businesses,
small manufacturers, clean energy start-ups, and others, as well as
investing in childcare, health care, and workforce development. We will
also provide more support to businesses seeking to participate in the
hundreds of billions of dollars that the Federal Government spends each
year in procuring goods and services and investing in research and
development. My Administration will fully implement the $10 billion
State Small Business Credit Initiative, which will allow States to set
up new small business loan and venture capital programs, established by
the American Rescue Plan.
Collaboration among entrepreneurs, innovators, and the public sector has
led to some of the most important technologies and industries in the
world, including cellular communication, energy storage, agricultural
technology, and advanced manufacturing. My Administration is proud to
support entrepreneurs and innovators throughout this country--from the
hardworking women and men who start a business to meet the needs of
their communities to the visionaries who strive to change the world.
Together, we are partners in solving challenges big and small, global
and local--and will work to increase American competitiveness around the
world and meet the challenges of the 21st century.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 2021 as
National Entrepreneurship Month. I call upon all Americans to
commemorate this month with appropriate programs and activities and to
celebrate November 16, 2021, as National Entrepreneurs' Day.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10301 of October 29, 2021
National Family Caregivers Month, 2021
By the President of the United States of America
A Proclamation
Every day, millions of Americans provide essential care and medical
assistance to their loved ones. These acts of love, commitment, and
compassion enable their family members to receive the support they need
to live a life with dignity. This has been especially true throughout
the COVID-19 pandemic, during which Americans of all ages have made
substantial sacrifices to keep family members safe and healthy. During
National Family Caregivers Month, we recognize the important role of our
Nation's family caregivers and thank them for the invaluable and
instrumental care they provide.
While the opportunity to provide care to a loved one can be a blessing
and a source of connection, it often requires sacrifice. Millions of
Americans have sacrificed jobs and altered careers in order to perform
caregiving duties. Workers, their families, and our economy suffer when
workers are forced to choose between their jobs and their caregiving
responsibilities or between putting food on the table and caring for a
relative. Too many Americans who need caregiving support struggle with
the high costs of caring for a family member in need, or providing long-
term care for people with disabilities or older adults.
My Administration is committed to strengthening American families and
easing the burdens of caregiving. That is why my American Rescue Plan
provided an additional $145 million in funding for the National Family
Caregiver Support Program, which continues to help State and community
organizations support family and informal caregivers through in-home
programs including counseling, respite care, and training. The American
Rescue Plan also provided States with additional Medicaid funding to
strengthen and enhance their home- and community-based services (HCBS)
program. My Administration's Build Back Better agenda will build on this
down payment by continuing to invest in the caregiving infrastructure
for HCBS and increasing pay and benefits to address the direct care
workforce crisis. I will also fight to expand paid family and medical
leave nationwide. Each of these elements is critical to better
supporting family caregivers. We want to see our Nation's paid
caregivers, including the majority of home health care workers and over
90 percent of child care workers who are women--disproportionately women
of color--have jobs that provide dignity, safety, and decent pay.
Earlier this year, the RAISE (Recognize, Assist, Include, Support, and
Engage) Family Caregiving Advisory Council, with support from the
Department of Health and Human Services, delivered an initial report on
how the Federal, State, Tribal, and local governments can work with our
partners in the private sector to better support our Nation's family
caregivers, and we will continue working to provide that support.
As my own family members have been caregivers, I understand the
struggles family caregivers face and the importance of the care they
provide. This month, as we continue our fight to expand access to
caregiving, we
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recognize our caregivers who wake up every single day to do this
physically and emotionally demanding yet vitally important work.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 2021 as
National Family Caregivers Month. I encourage all Americans to reach out
to those who provide care for their family members, friends, and
neighbors in need, to honor and to thank them.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10302 of October 29, 2021
National Native American Heritage Month, 2021
By the President of the United States of America
A Proclamation
The United States of America was founded on an idea: that all of us are
created equal and deserve equal treatment, equal dignity, and equal
opportunity throughout our lives. Throughout our history--though we have
always strived to live up to that idea and have never walked away from
it--the fact remains that we have fallen short many times. Far too often
in our founding era and in the centuries since, the promise of our
Nation has been denied to Native Americans who have lived on this land
since time immemorial.
Despite a painful history marked by unjust Federal policies of
assimilation and termination, American Indian and Alaska Native peoples
have persevered. During National Native American Heritage Month, we
celebrate the countless contributions of Native peoples past and
present, honor the influence they have had on the advancement of our
Nation, and recommit ourselves to upholding trust and treaty
responsibilities, strengthening Tribal sovereignty, and advancing Tribal
self-determination.
The COVID-19 pandemic has highlighted and exacerbated preexisting
inequities facing Tribal Nations. Early in the pandemic, reported cases
in the Native American community were over 3 times the rate of white
Americans; in some States, Native American lives were lost at a rate 5
times their population share. Even as they shouldered a disproportionate
burden throughout the pandemic, Tribal Nations have been paragons of
resilience, determination, and patriotism--implementing key mitigation
strategies like testing and prioritizing the vaccination of Tribal
communities at high rates in order to save lives. Through it all, Tribal
Nations have effectively utilized the tools of Tribal self-governance to
protect and lead their communities, setting a standard for all of our
communities to follow.
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Our Nation cannot live up to the promise of our founding as long as
inequities affecting Native Americans persist. My Administration is
committed to advancing equity and opportunity for all American Indians
and Alaska Natives and to helping Tribal Nations overcome the challenges
that they have faced from the pandemic, climate change, and a lack of
sufficient infrastructure in a way that reflects their unique political
relationship.
As a starting point, the American Rescue Plan represented the most
significant funding legislation for Indian Country in the history of our
Nation--the largest single Federal investment in Native communities
ever, with $20 billion in direct funding to help Tribal governments
combat and emerge from the COVID-19 crisis. Through the Bipartisan
Infrastructure Deal and my Build Back Better framework, my
Administration is pushing for strong Tribal participation to help build
our Nation's clean energy future, deploy clean water and high-speed
internet to every home, and invest in Native American families,
businesses, jobs, and communities.
In my first week in office, I also signed a Presidential Memorandum
committing my Administration to the fulfillment of our Federal trust and
treaty responsibilities, to respect Tribal self-governance, and to
conduct regular, meaningful, and robust consultations with Tribal
Nations on a broad range of policy issues. Together, we are implementing
a whole-of-government approach to empower Tribal Nations in their
efforts to achieve political and economic self-sufficiency, advance
climate resiliency, and protect their territorial sovereignty. To
further elevate the voices of Native Americans in my Administration, I
restarted the White House Council on Native American Affairs earlier
this year. It was among the proudest honors of my life to appoint one of
our country's most remarkable leaders, Deb Haaland of the Pueblo of
Laguna, to serve as United States Secretary of the Interior--the first
Native American in the history of our Nation to serve in the Cabinet.
During National Native American Heritage Month, we also honor our Native
Americans veterans and service members who have courageously served and
continue to serve in our Armed Forces--including the brave Native
American Code Talkers in World War I and World War II. For over 200
years, Native Americans have defended our country during every major
conflict and continue to serve at a higher rate than any other ethnic
group in the Nation. Because of their selflessness, every generation of
Americans receives the precious gift of liberty--and we owe each of them
and their families a debt of gratitude for their sacrifice and
dedication.
Native American roots are deeply embedded in this land--a homeland
loved, nurtured, strengthened, and fought for with honor and conviction.
This month and every month, we honor the precious, strong, and enduring
cultures and contributions of all Native Americans and recommit
ourselves to fulfilling the full promise of our Nation together.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 2021 as
National Native American Heritage Month. I urge all Americans, as well
as their elected representatives at the Federal, State, and local
levels, to observe this month with appropriate programs, ceremonies, and
activities, and to celebrate November 26, 2021, as Native American
Heritage Day.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10303 of October 29, 2021
National Veterans and Military Families Month, 2021
By the President of the United States of America
A Proclamation
America has the greatest Armed Forces in the history of the world. To
those who serve and those that serve alongside them--their families and
caregivers--we owe a debt we can never fully repay. During National
Veterans and Military Families Month, we recognize and thank them for
their indispensable contributions and immeasurable sacrifices in support
of our national security. As we approach this season of thanksgiving, we
send our gratitude to millions of service members, veterans, military
families, caregivers, and survivors who have served and continue to
serve our Nation. I have said many times, and it comes from my heart--we
as a Nation have a sacred obligation to properly equip and prepare our
troops when we send them in to harm's way and to support them and their
families, both while they are deployed and when they return home.
The First Lady and I know that it is not only the person who wears the
uniform serving our country but also their families who make enormous
sacrifices for our Nation. As the poet John Milton wrote, ``They also
serve who only stand and wait.'' We understand the feelings of pride,
uncertainty, and fear when a loved one is deployed. Every morning, you
wake up and say that extra prayer for them.
Our veteran and military families do so much and ask for little. They
are strong and adaptable, changing course to accommodate the needs of
our country, often foregoing personal wishes. They are capable and
proud, holding down the home front during their loved one's deployments,
coping through their absence and the risk of danger, and helping them
readjust when they come home.
These families and their Soldiers, Sailors, Airmen, Marines, Guardians,
and Coast Guardsmen, are simply the best America has to offer. When they
do not have what they need to thrive, it is not only individuals who
suffer. If service members are worried that their spouse is struggling
to keep food on the table or that their child is having a hard time at
school, it is harder to focus on their mission. That is why supporting
military families is a national security imperative.
Since the earliest days of my Administration, we have been committed to
a whole-of-government approach to responding to the real-time needs of
our military and veteran families. Through Joining Forces, the White
House initiative to support veteran and military families, caregivers,
and survivors, my Administration is addressing military spouse
employment and
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entrepreneurship, military child education, and family health and well-
being. The First Lady has met with our Nation's military and veteran
families, caregivers, survivors, and advocates to learn how we can
better support and prioritize their needs. Those discussions help inform
the efforts across the Government to share data, create innovative
solutions, and implement evidence-based programs and policies. In
September, Joining Forces and the National Security Council released a
report outlining the first round of Administration-wide commitments and
proposals for supporting military and veteran families, caregivers, and
survivors. We are committed to continuing these efforts because we must,
and we will, honor our sacred obligation to support our military and
veteran families and ensure they receive the resources they need to
thrive.
Throughout November, we show our appreciation to the spouses, partners,
children, caregivers, and survivors of our service members and veterans
for their selfless sacrifice on behalf of the Nation. We honor them and
their invaluable contributions; we share their pride in our Armed
Forces; and we will never forget what they and their loved ones do for
us.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 2021 as
National Veterans and Military Families Month. I call upon the people of
the United States to honor veterans and military families with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10304 of November 8, 2021
World Freedom Day, 2021
By the President of the United States of America
A Proclamation
For nearly 3 decades, the Berlin Wall stood as a physical symbol of the
Cold War, dividing democratic West Berlin from communist East Berlin.
Today, we remember the East Germans who escaped and those who died
attempting to attain a life of freedom. We recognize the irrepressible
human spirit that no wall could contain, which fueled the civil
resistance, sacrifice, and courageous defiance of people across Central
and Eastern Europe. We recall the euphoria and the hope of the East and
West Berliners who gathered at the wall on November 9, 1989, chanting
``Tor auf!''--``Open the gate!''
It was the aspirations for freedom of the people of Central and Eastern
Europe that ultimately brought down the Berlin Wall and overcame the
Soviet Union's attempts to keep Europe divided by force. On World
Freedom Day, we commemorate this historic event and honor all those who
peacefully
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rose up and claimed their freedom and all those who continue their
legacy by peacefully working to end tyranny and oppression in our world
today.
Since the Berlin Wall was torn down in 1989, we have seen great progress
to advance human rights and fundamental freedoms as well as to build and
consolidate democratic institutions across the formerly communist
countries of Central and Eastern Europe and around the world. However,
democracy is still fragile, and in too many places it remains under
threat. Authoritarians elevate their own power over the rights of their
citizens, and around the world we see aspiring autocrats trample the
rule of law, attack freedom of the press, and undermine an independent
judiciary.
In the face of resurgent authoritarianism and attacks on human rights
around the globe, the United States is working to support democratic
renewal and resilience at home and abroad. It remains as important as
ever to counter the range of threats to democracy--and, ultimately,
peace and stability--including transnational repression, corruption,
cyberattacks, disinformation, digital authoritarianism, inequality and
injustice, voter suppression, and economic coercion.
World Freedom Day also reminds us of the hopeful future people still
seek for themselves around the world. In recent years, brave women and
youths in Sudan have withstood violence and oppression to push a
genocidal dictator from power and today continue to defend their
democratic progress. Proud Moldovans helped deliver a victory for the
forces of democracy. Citizens of Zambia, especially young people, turned
out in historic numbers to elect their new president. Ukraine continues
to make progress in countering corruption, safeguarding human rights,
and strengthening its democratic institutions all while standing up to
Russian aggression. Courageous anti-corruption activists, human rights
defenders, journalists, and peace protestors in Belarus, Burma, Cuba,
Hong Kong, Syria, Venezuela, and elsewhere continue to demand respect
for their human rights and a democratic future. To all those who
continue to endure repression under authoritarian regimes, know that the
people of the United States stand with you.
Today, we reaffirm our commitment to the ideal that democracy--a
Government of the people, by the people, and for the people--is how we
best safeguard the rights, freedoms, and dignity that belong to every
person. Together with other free nations, the United States remains
committed to the vital work of strengthening our democratic
institutions, defending civil society, advancing human rights, and
holding those who commit abuses and foster corruption accountable. To
demonstrate this, on December 9-10, 2021, I will host a virtual Summit
for Democracy to help set an agenda for democratic renewal across the
globe.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim November 9, 2021, as World Freedom Day. I
call upon the people of the United States of America to recall the hope
symbolized by the fall of the Berlin Wall and reaffirm our dedication to
freedom and democracy.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10305 of November 9, 2021
Veterans Day, 2021
By the President of the United States of America
A Proclamation
For generations, millions of Americans have answered the call to serve--
taking the sacred oath to defend and preserve our Nation's ideals of
liberty and democracy. These patriots represent the best of us. On
Veterans Day, we honor their service, dedication, and valor and are
forever grateful for their sacrifice.
Our Nation has only one truly sacred obligation: to properly prepare and
equip our service members when we send them into harm's way and to care
for them and their families when they return home. For our 19 million
veterans, that means ensuring that they have access to the support and
resources for a future of security, opportunity, and dignity. This is
even more important as we continue to recover from the global COVID-19
pandemic.
Our obligation to support our Nation's veterans and their families is
personal for me and the entire Biden family, and I remain committed to
ensuring that every veteran receives the care and support they have
earned. The recently passed bipartisan Infrastructure Investment and
Jobs Act will create millions of good jobs for veterans and grow
opportunities for veteran-owned businesses. My Build Back Better
framework also prioritizes improvements to VA health care, ensuring that
every veteran--including our often-underserved female and LGBTQ+
veterans--receives competent, world-class health care through the
Department of Veterans Affairs. Last month, the White House Gender
Policy Council released the first-ever United States Strategy for Gender
Equity and Equality, which included the unique needs and contributions
of women service members and veterans. And the Department of Veterans
Affairs is also working to get every eligible veteran the information
and opportunity they need to register and vote, protecting their voice
in the democracy they fought to preserve.
Ensuring veterans have timely access to services and benefits is at the
center of my Administration's commitment to fulfilling our sacred
obligation. This includes addressing the adverse health effects of
service-related exposures. In August, the Department of Veterans Affairs
announced it will begin processing disability claims for respiratory
conditions connected to exposure during military service in Southwest
Asia and other areas. My Administration also added three conditions to
the list of those presumptively associated with exposure to Agent
Orange, ending the long wait for disability benefits for many Vietnam
era veterans. In the coming months, we are committed to taking
additional action to address potential adverse health effects associated
with military environmental exposures.
So many of our veterans carry the scars from their service--both visible
and invisible--and it is our Nation's responsibility to help them heal.
Too many veterans and service members have considered suicide or taken
their own lives, and addressing this tragedy is a national
responsibility. That is why I have made military and veteran suicide
prevention a top priority, and earlier this month, I released a new
comprehensive, cross-sector public health strategy to reduce military
and veteran suicide. Implementing this
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approach will unite us around a common mission and accelerate meaningful
improvements in suicide prevention programs, helping us live up to our
sacred obligation to those who have served in our Nation's Armed Forces.
Fulfilling our Nation's promise to our veterans and military families,
caregivers, and survivors is not only a moral imperative--it is crucial
to our national security and to maintaining the finest military the
world has ever known. We are a Nation that keeps our promises. That is
why my Administration is dedicated to a whole-of-government approach in
responding to the needs of our veterans and their families, caregivers,
and survivors.
Through the First Lady's work with Joining Forces--the White House
initiative to support veteran and military families, caregivers, and
survivors--my Administration is addressing employment and
entrepreneurship, military and veteran child education, and health and
well-being for veteran families. Earlier this year, the First Lady met
with military and veteran families to learn how we can better support
and prioritize their needs, and in September, Joining Forces and the
National Security Council released a report outlining the first round of
Administration-wide commitments and proposals that support veteran and
military families, caregivers, and survivors. These efforts will honor
our sacred obligation to support our veteran families and ensure they
receive the resources they need to thrive.
On Veterans Day, we honor our Nation's veterans, who have given so much
to protect our freedoms and the freedom of others around the globe. They
represent the highest ideals of our country. While we can never fully
repay the debt we owe these heroes, we will honor their service and
provide them the care and support they deserve. We also salute and show
gratitude for all who ensure our Armed Forces remain strong, united, and
unmatched.
In respect and recognition of the contributions our veterans and their
families, caregivers, and survivors have made to the cause of peace and
freedom around the world, the Congress has provided (5 U.S.C. 6103(a))
that November 11 of each year shall be set aside as a legal public
holiday to honor our Nation's veterans.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim November 11, 2021, as Veterans Day. I
encourage all Americans to recognize the valor, courage, and sacrifice
of our veterans through appropriate ceremonies and private prayers. I
call upon Federal, State, and local officials to display the flag of the
United States of America and to participate in patriotic activities in
their communities. And I call on all Americans, including civic and
fraternal organizations, places of worship, schools, and communities, to
support this day with commemorative expressions and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10306 of November 12, 2021
American Education Week, 2021
By the President of the United States of America
A Proclamation
I have always believed that our children are the kite strings that hold
our national ambitions aloft--when we invest in their education, we are
investing in the future of our Nation. During American Education Week,
which marks its 100th anniversary this year, we celebrate the
unparalleled power of education to lift our country to new heights, and
we recommit ourselves to ensuring that every child in America receives a
quality education.
When America made 12 years of public education standard more than a
century ago, it gave us the best-educated, best-prepared workforce in
the world--setting us on a path to lead the world for the better part of
the 20th century. Not only is quality, equitable education the engine of
innovation and the fuel of a thriving economy--it is also key to
preserving our democracy and advancing American ideals. But as the First
Lady so often says, any country that out-educates us will out-compete
us. The truth is that we are no longer keeping pace with other countries
when it comes to investing in the next generation.
While America once led the world in educational achievement, the
Organization for Economic Cooperation and Development now ranks us 35th
out of 37 major economies when it comes to investing in early childhood
education and care. Only about half of American 3- and 4-year-olds are
enrolled in early childhood education--while in Germany, France, the UK,
Latvia, and other nations, that number is more than 90 percent.
According to one study from the Pell Institute, we now rank 12th among
advanced economies when it comes to the percentage of our young people
who have attained a post-high-school degree.
Simply put--we cannot be competitive in the 21st century global economy
if we do not accelerate degree attainment. It is more important than
ever that we invest in education, particularly as schools and
communities are still fighting to overcome the challenges of the COVID-
19 pandemic. This virus has called upon the extraordinary resilience of
our educators, school staff, students, and families, whose dedicated
efforts over the last 19 months have helped keep millions of young
people on a path to fulfillment and success. Now, we must match their
determination with bold action to ensure that our children--and our
Nation--are well-positioned to lead the world in the years ahead.
To that end, my Administration provided resources through the American
Rescue Plan that are helping schools and colleges safely return to in-
person instruction and meet the academic, social, emotional, and
financial needs of students most affected by the pandemic. My budget
proposal for fiscal year 2022 more than doubles funding for schools that
serve low-income students; invests in support for students with
disabilities; increases Federal funding for community schools tenfold;
and works towards my Administration's goal of doubling the number of
school counselors, social workers, psychologists, and nurses so that
teachers can focus on teaching. Finally, my Administration's Build Back
Better framework would make transformational investments in our
education system--including by making 2
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years of high-quality pre-school available to every child in America. We
will also make significant investments in education beyond high school:
We will increase Pell Grants to help students from lower-income families
attend college and invest in Historically Black Colleges and
Universities, Hispanic-Serving Institutions, Tribal Colleges and
Universities, and other Minority-Serving Institutions to help ensure
that young people from every neighborhood have a fair shot at the good-
paying jobs of the future.
In celebrating the centennial anniversary of American Education Week,
let us acknowledge education's power to transform lives, uplift
communities, and strengthen our democratic society. Let us honor all
those who nurture our students and inspire the future leaders of our
great Nation.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 14
through November 20, 2021, as American Education Week. I invite all
Americans to join in expressing gratitude, now and throughout the year,
for the educators and staff of our Nation's schools and colleges, and I
encourage the observation of this week through appropriate activities,
events, and programs designed to showcase engaging, high-quality
education, celebrate the joy of learning, and prepare students of every
background for success.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10307 of November 12, 2021
National Apprenticeship Week, 2021
By the President of the United States of America
A Proclamation
For decades, Registered Apprenticeships have been a reliable pathway to
the middle class. Apprenticeships train workers for good jobs and allow
them to earn while they learn. These educational experiences are
especially important for workers who did not attend college, as they
provide these workers with the type of specialized training needed for
the jobs of today and tomorrow. During National Apprenticeship Week, we
highlight how this quality industry and worker-driven training model
provides a critical talent pipeline and a means to strengthen our
workforce and address our Nation's pressing challenges--from rebuilding
our country's infrastructure to protecting against cybersecurity
threats.
As we build our economy back better and continue to fight the COVID-19
pandemic, we have seen the especially important role apprenticeships
play in providing training to workers looking to re-enter the workforce
and young people who are seeking to enter the work force--in each case
providing an opportunity to train and develop the skills needed for jobs
of the future while earning a good income.
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My Administration supports the expansion of Registered Apprenticeships
and the pathways they create to good jobs and union representation. That
is why I rescinded an Executive Order that undermined Registered
Apprenticeship programs by promoting less rigorous industry-recognized
apprenticeships. To strengthen the voice of our workers who have been
central to rebuilding our economy, my Administration reinstated the
longstanding National Advisory Committee on Apprenticeships. Since
apprenticeships are central to supporting the investments made in the
American Rescue Plan and the Build Back Better Agenda, I have proposed
we invest in high-quality job training and Registered Apprenticeships in
fast-growing sectors like health care, child care, advanced
manufacturing, information technology, and clean energy so that every
American receives the skills required by employers for good, middle-
class union jobs.
My Administration also recently awarded nearly $100 million in State
Apprenticeship Expansion, Equity and Innovation grants to bolster
States' efforts to expand programming and inclusive recruitment
strategies. These grants also aim to develop partnerships that ensure we
have a workforce ready to staff new industries and non-traditional
occupations, including industry sectors hit hardest by the pandemic. To
facilitate the expansion of Registered Apprenticeship programs, provide
technical assistance to these programs, and help small- and medium-sized
firms establish Registered Apprenticeships, we also invested nearly $31
million through cooperative agreements to establish four Registered
Apprenticeship Technical Assistance Centers of Excellence. The centers
will also work with public and private sector partners to expand
opportunities in Registered Apprenticeship programs for women, youths,
people of color, rural communities, justice-involved individuals, and
people with disabilities. The centers are the culmination of a
longstanding commitment to expand access to apprenticeships for
traditionally underrepresented groups of workers and build on existing
strategies that include the Women in Apprenticeship and Non-Traditional
Occupations (WANTO) grant program, now in its 27th year.
During National Apprenticeship week, we also commit to ensuring that
people from populations that have been historically underserved,
marginalized, and adversely affected by persistent discrimination,
poverty, and inequality have an opportunity to participate in the
workforce. In particular, given the historic underrepresentation of
women in apprenticeship programs and the impact of the pandemic on
women's labor force participation, there is even greater urgency to
support women's participation in Registered Apprenticeships.
Together, and with strengthened Registered Apprenticeships, we can build
an even more successful, competitive, and diverse workforce.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States of America, do hereby proclaim
November 14 through November 20, 2021, as National Apprenticeship Week.
I urge the Congress, State and local governments, educational
institutions, industry and labor leaders, apprentices, and all Americans
to support Registered Apprenticeship programs in the United States of
America and to raise awareness of their importance in building a diverse
and robust workforce to strengthen our national economy.
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IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10308 of November 12, 2021
America Recycles Day, 2021
By the President of the United States of America
A Proclamation
In recent months, I have traveled across the country to see firsthand
the devastating toll of climate change. I have walked down streets in
Louisiana, New Jersey, and New York where deadly storms and floods have
destroyed the lives of working families, wiping homes and businesses off
the map. I have sat with firefighters in Boise, Idaho, and surveyed
damage from the Caldor Fire in northern California--just one large
wildfire among dozens that together have burned more acres of American
land this year than make up the State of New Jersey. Communities
encompassing the homes of more than 100 million people--about 1 in 3
Americans--have been struck by extreme weather events in the last few
months alone. Climate change is a blinking code red for our Nation.
This crisis poses an existential threat, but we also know that it is
within our power to defeat it. Today, half of all global greenhouse gas
emissions are created when natural resources are taken from the Earth
and made into usable products. By reducing, reusing, and recycling, we
can decrease waste and the greenhouse gases that fuel the climate crisis
while protecting our communities and our environment. On America
Recycles Day, we celebrate efforts across the country to manage our
resources responsibly and creatively, and we recommit ourselves to
building a brighter and more sustainable future for all people.
Although we have made significant progress since the first America
Recycles Day over 2 decades ago, we still have work to do. Black, Brown,
Indigenous, and low-income communities continue to be disproportionately
impacted by higher pollution levels as well as detrimental health and
environmental impacts from mismanaged waste. Our Nation's infrastructure
has not kept pace with today's changing waste stream, and markets for
recycled materials are decreasing. To improve our national recycling
system and manage our precious resources equitably and sustainably, it
is going to take all of us--including Federal, State, Tribal, and local
governments, our partners in the private sector, and individual
Americans making a difference in their communities. We must continue to
work together to properly recycle and manage materials throughout their
lifecycles and ensure that every American's right to a healthy
environment is fulfilled and protected.
To help our Nation achieve our environmental and recycling goals, my
Administration is releasing a National Recycling Strategy, which
identifies objectives and actions necessary to help fight climate change
and create a sustainable national recycling system. The actions this
strategy recommends
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will help us reach our national recycling goal, and the Federal
Government will lead by example across our Federal buildings, lands, and
national parks. The strategy also aims to increase access to recycling
so that all Americans can meaningfully participate while ensuring that
our solid waste management system does not disproportionately affect
communities that are already overburdened with environmental impacts.
Our workplaces, communities, and Federal, State, Tribal, and local
governments can all take part in reshaping our recycling system into one
that puts the United States at the forefront of environmental
stewardship. You can visit www.epa.gov/recycle for more information on
reducing, reusing, and recycling.
As we continue to pursue bold action to tackle climate change, we can
all do our part to create a more sustainable future by making simple
changes in our own lives. Today and every day, we reaffirm our
commitment to preserving our precious resources and creating a
healthier, cleaner, more just world for our children and future
generations.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 15, 2021,
as America Recycles Day. I call upon the people of the United States of
America to observe this day with appropriate programs and activities,
and I encourage all Americans to continue their reducing, reusing, and
recycling efforts throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10309 of November 16, 2021
Suspension of Entry as Immigrants and Nonimmigrants of Persons
Responsible for Policies or Actions That Threaten Democracy in Nicaragua
By the President of the United States of America
A Proclamation
In light of the importance to the United States of fostering democratic
processes and institutions in Nicaragua to help the Nicaraguan people
achieve their aspirations for democracy, and given the suppression of
human rights and democracy in Nicaragua, I have determined that it is in
the interest of the United States to restrict and suspend the entry into
the United States, as immigrants and nonimmigrants, of members of the
Government of Nicaragua, led by President Daniel Ortega, including his
spouse and Vice President Rosario Murillo, and others described in this
proclamation who formulate, implement, or benefit from policies or
actions that undermine or injure democratic institutions or impede the
return to democracy in Nicaragua.
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The repressive and abusive acts of the Ortega government and those who
support it compel the United States to act. The Ortega government's
crackdown on opposition leaders, civil society leaders, and journalists
in preparation for the November 2021 Nicaraguan presidential and
legislative elections harms the institutions and processes essential to
a functioning democracy. The Ortega government's undemocratic,
authoritarian actions have crippled the electoral process and stripped
away the right of Nicaraguan citizens to choose their leaders in free
and fair elections.
The Ortega government's detention of and denial of fair trial guarantees
to peaceful protesters, civil society leaders, private sector leaders,
student leaders, political leaders, journalists, and presidential
candidates in Nicaragua stifles political discourse and the democratic
process. Police and prison authorities contribute to the repressive
climate the Ortega government promotes by carrying out politically
motivated arrests and detentions of individuals exercising their human
rights and holding political prisoners incommunicado, without access to
lawyers, family members, and needed medical care. Family members and the
media have reported that some prisoners have lost significant weight in
detention, cannot walk unassisted, have been held in solitary
confinement, and are subjected to frequent, extensive interrogations.
The physical and psychological abuse of political prisoners at the hands
of police and prison authorities is intolerable and cannot stand.
The Ortega government controls multiple security services, including
non-uniformed, armed, and masked parapolice, who abuse persons to
further the Ortega government's authoritarian agenda, including by
harassing, threatening, and committing violence against those opposed to
the government. Members of the Nicaraguan National Police (NNP), along
with violent mobs of pro-government supporters also controlled by
government actors, have attacked religious institutions in retaliation
for their support for political and religious leaders.
Municipal officials, acting on direct orders from the Ortega government,
have directed violence against pro-democracy protesters in their
communities and other local actors opposed to the government. For
example, mayors and mayors' offices loyal to the Ortega government have
organized and channeled state funds to parapolice groups engaged in
violent repression. These municipal officials wield enormous political
power and discretionary budget authority, conferred upon them from the
highest levels of the Ortega government. The climate of fear established
and perpetuated by these municipal officials has diminished the
possibility of free and fair elections and undermined democracy in
Nicaragua.
The judiciary has failed the Nicaraguan people by aiding and abetting
the Ortega government's use of politically motivated charges to lock up
political prisoners. By stacking the judiciary with government-
controlled judges and prosecutors, the Ortega government has abused the
justice system to silence critics. Authorities have held many political
prisoners incommunicado for months, without access to their lawyers, and
with no knowledge of the spurious charges presented against them.
The widespread impunity for crimes committed against opposition actors;
the persistent corruption practiced by Nicaraguan government officials
in the performance of public functions that has eroded democratic
institutions; and the continued failure of President Daniel Ortega, Vice
President
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Rosario Murillo, Nicaraguan government officials, and others to support
the rule of law, human rights, and other principles of high priority to
the United States demand a forceful response.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by the Constitution and the
laws of the United States, including sections 212(f) and 215(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(f) and 1185(a)) and
section 301 of title 3, United States Code, hereby find that the
unrestricted immigrant and nonimmigrant entry into the United States of
persons described in section 1 of this proclamation would, except as
provided for in section 4 of this proclamation, be detrimental to the
interests of the United States, and that their entry should be subject
to certain restrictions, limitations, and exceptions. I therefore hereby
proclaim the following:
Section 1. Suspension and Limitation on Entry. The entry into the United
States, as immigrants or nonimmigrants, of the following persons is
hereby suspended:
(a) Members of the Government of Nicaragua, including elected
officials and their staff members;
(b) Mayors, vice mayors, or political secretaries who planned,
ordered, assisted, aided and abetted, committed, or otherwise
participated in, including through command responsibility, serious
abuses or violations of human rights to punish peaceful protestors or
deny Nicaraguans fundamental freedoms, or who attempted or conspired to
do so;
(c) Officials of Nicaragua's security services, including the
Nicaraguan Military, NNP, Directorate of Special Police Operations,
parapolice groups, and paramilitary groups;
(d) Officials of the Nicaraguan penitentiary administration;
(e) Senior members of the Nicaraguan judiciary, Public Prosecutors
Office, and Ministry of the Interior;
(f) Members of Nicaraguan government ministries, regulatory
agencies, parastatal companies, higher education administrators and
faculty, and elected officials who undertake actions, including human
rights abuses, to deny services to those who make peaceful efforts to
demand the return to democracy in Nicaragua;
(g) Non-government persons who serve as agents of or act at the
behest of those described in subsections (a)-(f) of this section to
facilitate or derive financial benefit from policies or actions,
including electoral fraud, human rights abuses, or corruption, that
undermine or injure democratic institutions or impede the return to
democracy in Nicaragua; and
(h) The spouses, sons, and daughters of persons described in
subsections (a)-(g) of this section.
Sec. 2. Authority of the Secretary of State to Identify Covered
Individuals. Persons covered by section 1 of this proclamation shall be
identified by the Secretary of State, or the Secretary of State's
designee, in the Secretary of State's sole discretion, pursuant to such
procedures as the Secretary of State may establish.
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Sec. 3. Implementation of Suspension and Limitation on Entry. The
Secretary of State shall implement this proclamation as it applies to
visas pursuant to such procedures as the Secretary of State, in
consultation with the Secretary of Homeland Security, may establish. The
Secretary of Homeland Security shall implement this proclamation as it
applies to the entry of noncitizens pursuant to such procedures as the
Secretary of Homeland Security, in consultation with the Secretary of
State, may establish.
Sec. 4. Scope of Suspension and Limitation on Entry. Section 1 of this
proclamation shall not apply to:
(a) Any lawful permanent resident of the United States;
(b) Any individual who has been granted asylum by the United States,
any refugee who has already been admitted to the United States, or any
individual granted withholding of removal or protection under the
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, and nothing in this proclamation shall be
construed to affect any individual's eligibility for asylum, refugee
status, withholding of removal, or protection under the Convention
Against Torture, consistent with the laws and regulations of the United
States;
(c) Any person otherwise covered by section 1 of this proclamation,
upon determination by the Secretary of State that the person has ceased
actions that undermine democratic institutions and taken concrete steps
to help restore democracy in Nicaragua; or
(d) Any person otherwise covered by section 1 of this proclamation,
upon determination by the Secretary of State that the person's entry
would not be contrary to the interests of the United States, including
when the Secretary of State so determines, based on a recommendation of
the Attorney General, that the person's entry would further important
United States law enforcement objectives. In exercising this
responsibility, the Secretary of State shall consult the Secretary of
Homeland Security on matters related to admissibility or inadmissibility
within the authority of the Secretary of Homeland Security.
Sec. 5. Termination. This proclamation shall remain in effect until
terminated by the President. The Secretary of State shall, as
circumstances warrant, recommend whether the President should continue,
modify, or terminate this proclamation.
Sec. 6. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) United States Government obligations under applicable international
agreements;
(ii) the authority granted by law to an executive department or agency, or
the head thereof; or
(iii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
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IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10310 of November 17, 2021
Antibiotic Awareness Week, 2021
By the President of the United States of America
A Proclamation
Antibiotic Awareness Week is an occasion to celebrate the miracles of
science and medicine that improve and sustain our lives, including
innovations in antibiotics that have transformed the treatment of
illness. Antibiotics save lives, kill bacteria that cause infections,
and make it possible for many modern health care practices--including
cancer treatments or surgery--to be safely performed. This week is also
an occasion to raise awareness of the dangers of misuse and overuse of
antibiotics, which can lead to antibiotic resistance.
It is critical to the health of our Nation that antibiotics be used only
as intended. In recent decades, the misuse of antibiotics has
contributed to infectious germs becoming increasingly resistant to
antibiotic drugs. Every year, more than 3 million people in the United
States are infected--and nearly 50,000 are killed--by an antibiotic-
resistant germ or an infection that can occur after taking antibiotics.
Because most of these cases occur as a result of improper antibiotic
use, it is essential that these drugs are used appropriately and only
when necessary. During Antibiotic Awareness Week, we reaffirm our
commitment to meet the challenge of antibiotic resistance and preserve
the effectiveness of these lifesaving treatments.
My Administration is committed to a strong public health response to
antibiotic resistance. We are pursuing the ambitious goals laid out in
the National Action Plan for Combating Antibiotic-Resistant Bacteria,
building on evidence-based activities that slow the spread of antibiotic
resistant infections and striving to scale up tracking of antibiotic use
across the country through systems such as the Centers for Disease
Control and Prevention's National Healthcare Safety Network. We know the
kinds of interventions that work to maintain the integrity of
antibiotics and strengthen antibiotic stewardship across industries, and
we are implementing those interventions and providing resources to
analyze data and address inequities in antibiotic prescribing and use.
In addition, we are examining how disparities in health care access and
quality of care exacerbate antibiotic-resistant infections.
Every American has a vital role to play in this effort. Even small
changes in how we use antibiotics can help defend against the threat of
antibiotic resistance. Using the right antibiotic and the correct dosage
for the proper duration at the prescribed time can help improve how
antibiotics are used to prevent and control infections for all of us.
During Antibiotic Awareness
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Week, we commit to doing our part to take on the threat of antibiotic
resistance and pursue strategies that will make all Americans safer and
healthier.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 18
through November 24, 2021, as Antibiotic Awareness Week. I call upon the
scientific community, medical professionals, educators, businesses,
industry leaders, and all Americans to observe this week by promoting
the responsible use of antibiotics and raising awareness of the dangers
inherent to their misuse and overuse.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10311 of November 17, 2021
National Rural Health Day, 2021
By the President of the United States of America
A Proclamation
America's rural communities feed and fuel our country, steward our
precious lands, and are home to 1 out of every 5 Americans. As we
continue to fight the COVID-19 pandemic and make the investments we need
to build back better, we must ensure that our recovery includes and
strengthens our Nation's rural communities. On National Rural Health
Day, we recommit to supporting the health and well-being of rural
Americans and celebrate the rural health care providers who work
tirelessly to meet their needs.
Rural Americans face unique challenges accessing the care they need and
deserve. They often have to travel greater distances to see a health
care provider, are less likely to have access to broadband to utilize
telehealth services, and are more likely to live in an area that has a
shortage of doctors, dentists, and mental health providers. While the
impact of the COVID-19 pandemic has spared no part of the country, rural
areas have confronted additional challenges that affect the delivery of
services, including limited health care infrastructure and fewer
clinicians.
My Administration is committed to improving the health of rural
communities and ensuring that those who call these communities home have
equitable access to the resources and services routinely available to
people living in more densely populated areas. That is why my American
Rescue Plan (ARP) is providing $8.5 billion to rural health providers to
keep their doors open and continue responding to the COVID-19 pandemic.
This builds on over $820 million in ARP spending from earlier this year
to support COVID-19 testing and mitigation across 4,200 Rural Health
Clinics and over 1,500 small rural hospitals and $100 million in ARP
funding to support the vaccine outreach efforts of Rural Health Clinics.
My Administration's plan also provided $500 million to create the
Emergency Rural
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Health Care Grant Program, which is helping rural communities provide
more COVID-19 testing and treatment, purchase medical supplies, deliver
food assistance, and renovate health care facilities. These investments
are complemented by funds to expand telehealth and support training for
new rural health care providers, including community health workers and
respiratory therapists. This funding has supported thousands of Rural
Health Clinics, small rural hospitals, and community health workers.
My Administration's Build Back Better framework will build on the
successes of the ARP by delivering lower cost, higher quality health
care to rural Americans. My Administration's proposal is the biggest
expansion of affordable health care in a decade and will lower
prescription drug and other health care costs for rural Americans, keep
rural hospitals open, and work to address the root causes of poor
health, including outdated drinking water infrastructure across rural
America. Additionally, my Administration is coordinating efforts across
Federal, State, Tribal, territorial, and local governments and
incorporating health equity principles, policies, and approaches in our
efforts to better support rural communities. This means supporting rural
hospitals and clinics, expanding telehealth and workforce development,
improving community health, and providing greater access to capital so
that every American can receive lower cost and higher quality health
care.
On National Rural Health Day, we recognize the importance of the health
and well-being of our rural communities. As our Nation builds back
better, we recommit to supporting our rural health care providers and
working together to bring about a stronger, healthier rural America.
NOW, THERFORE, I, JOSEPH R. BIDEN JR., President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim November 18, 2021, as
National Rural Health Day. I call upon the people of the United States
to reaffirm our dedication to the health and well-being of rural
America.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10312 of November 19, 2021
National Child's Day, 2021
By the President of the United States of America
A Proclamation
Our Nation's children are the kite strings that hold our national
ambitions aloft--and it is our shared responsibility to make sure that
they have every opportunity to thrive. On National Child's Day, we
recommit ourselves to ensuring that every child in America has a fair
shot at a bright future, regardless of the gender, race, ethnicity, or
the zip code they are born into.
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To support our Nation's children, it is imperative that we work to
deliver equal access to quality child care and education, health care,
good jobs with dignity, and a clean planet. That is why I am working
with the Congress to pass my Administration's Build Back Better plan--a
transformative investment in children, families, climate resilience, and
the foundations of our economy. The Build Back Better Act is poised to
deliver high-quality child care that all families can afford, universal
access to preschool for all 3- and 4-year-olds, lower costs for higher
education so that every child has an equal footing and opportunity to
succeed, historic tax cuts for working families raising children, the
largest expansion of affordable health care coverage since the
Affordable Care Act, and the largest investment to fight climate change
in American history.
This landmark legislation will help ensure that every child has a safer
and healthier upbringing. It eases the cost burden of raising a family--
delivering a tax cut directly into the pockets of working parents. It
will help America once again set the pace around the world when it comes
to educational attainment, reversing generations of underinvestment in
our children's development and care. It will help us cut greenhouse gas
emissions and reduce pollution so that our children can breathe clean
air. With the Bipartisan Infrastructure Act--we will also deliver high-
speed internet access to every American household and replace our
Nation's lead water pipes so that every child can drink clean water at
home and at school. I will also continue to make the case for
establishing a paid family and medical leave program so no worker has to
make the impossible choice between work and caring for themselves or a
family member.
These historic bills build on the foundation we laid with the American
Rescue Plan, which has set us on a course to reduce child poverty in
America by nearly half. The law continues to deliver critical resources
that have allowed our Nation's children to safely return to the
classroom, and it provides essential tools to address the mental health
needs of our children and much-needed relief to families to improve
maternal and child health care.
We owe every child the opportunity to dream and flourish, supported by
adults helping to make their dreams a reality. On National Child's Day,
we reaffirm our commitment to uplift the children in our lives and in
our communities. Their future is our future, and our Nation's success
tomorrow relies on the care and investment we provide for our children
today.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 20, 2021,
as National Child's Day. I call upon all government officials,
educators, volunteers, and all the people of the United States of
America to observe this day with appropriate programs, ceremonies, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
[[Page 314]]
Proclamation 10313 of November 19, 2021
National Family Week, 2021
By the President of the United States of America
A Proclamation
My father lived by a motto: that family was the beginning, the middle,
and the end. During National Family Week, we celebrate American
families, recognize the importance of spending time with relatives, and
reaffirm our commitment to investing in our Nation's families.
From the beginning of my campaign for President, I said that my goal was
to build our economy from the bottom up and the middle out and give
America's hard-working families some much needed breathing room. This
work is especially important, given the fact that the COVID-19 pandemic
has presented so many challenges for families. Many families struggled
with lost jobs or food insecurity. Before schools reopened, parents and
caregivers had to take on additional responsibilities such as helping
their children with online learning, many while working from home. So
many of us went months without hugging a parent, grandparent, or
grandchild. Far too many families said goodbye to a loved one--leaving
an empty chair at the table and a hole in their hearts.
When I took office, I took immediate action to assist families through
my Administration's American Rescue Plan. The American Rescue Plan has
provided cash assistance to millions of working families, supported
schools in safely providing in-person instruction, and delivered an
expanded Child Tax Credit, which is lifting millions of children and
families out of poverty. It also allowed us to implement our COVID-19
vaccination program--one of the fastest vaccination programs ever, one
that is now open to all Americans ages five and up, and one that is
protecting millions of families.
Now even greater progress for America's families is in sight. My
Administration's Build Back Better Act and Bipartisan Infrastructure
Investment and Jobs Act will further strengthen and support our Nation's
families. The Bipartisan Infrastructure Investment and Jobs Act will
allow us to replace lead pipes and service lines that are poisoning our
children and families while the other investments in the bill will
strengthen communities and create millions of good jobs. My
Administration's Build Back Better Act will provide free and universal
preschool, the largest investment in child care in our Nation's history,
an expansion of the Affordable Care Act, and a tax cut for millions of
families with children. In addition, I will continue to push for
establishing a paid family and medical leave program so that no American
must make the difficult choice between work and caring for themselves or
a family member.
During National Family Week, we reaffirm that our Nation is stronger
because of the love, compassion, and care that our families share. In
this season of thanksgiving, let us continue to lift up our hard-working
families and unite in support of our future generations.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim November 21
through November 27, 2021, as National Family Week. I invite States,
communities,
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and individuals to join together in observing this week with appropriate
ceremonies and activities to honor our Nation's families.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10314 of November 24, 2021
Thanksgiving Day, 2021
By the President of the United States of America
A Proclamation
Thanksgiving provides us with a time to reflect on our many blessings--
from God, this Nation, and each other. We are grateful for these
blessings, even--and especially--during times of challenge.
That is why George Washington declared a day of Thanksgiving for his
troops as they marched into that dark winter at Valley Forge. It is why
in the midst of the Civil War--in proclaiming the Thanksgiving holiday
we now celebrate today--Abraham Lincoln urged us to remember our
``fruitful fields and healthful skies.'' Just as 400 years ago when the
Pilgrims were able to celebrate a successful first harvest thanks to the
generosity and support of the Wampanoag, today we too express our
gratitude for those who have helped us get through this difficult past
year.
We are grateful for the farm workers and frontline workers, many of whom
are immigrants, who make sure our food is harvested and shipped, keep
our grocery stores stocked, and keep our cities and towns clean and
safe.
We are grateful for the educators who are welcoming children back into
their classrooms, helping them make up for lost learning and lost time,
both academically and socially.
We are grateful for the parents who have carried their families through
this challenging time, helping their children navigate this difficult
chapter in our Nation's history.
We are grateful for the health care professionals working to vaccinate
our Nation, the nurses who comfort and help people, and the doctors who
provide care and compassion.
We are grateful for the researchers and scientists who have developed
safe and effective vaccines and treatments, allowing us to safely enjoy
a Thanksgiving this year with more family around the table.
As always, we are grateful for our troops serving far from home, keeping
us safe and defending our values.
For the First Lady and me, Thanksgiving has always been a cherished time
to enjoy annual traditions that have evolved into sacred rituals with
our children and grandchildren: throwing the football, preparing family
recipes, lighting candles, and setting the table. For many Americans,
this
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Thanksgiving will be the first time gathering with loved ones in person
since the start of the pandemic--a time of full tables and full hearts.
As we celebrate, we will also be thinking of the many families feeling
the pain of an empty chair at the Thanksgiving table. You are not alone,
and our Nation stands with you.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim Thursday, November
25, 2021, as a National Day of Thanksgiving. I encourage the people of
the United States of America to join together and give thanks for the
friends, neighbors, family members, and strangers who have supported
each other over the past year in a reflection of goodwill and unity.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10315 of November 26, 2021
Suspension of Entry as Immigrants and Nonimmigrants of Certain
Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease
2019
By the President of the United States of America
A Proclamation
The national emergency caused by the coronavirus disease 2019 (COVID-19)
outbreak in the United States continues to pose a grave threat to our
health and security. As of November 26, 2021, the United States has
experienced more than 47 million confirmed COVID-19 cases and more than
773,000 COVID-19 deaths. It is the policy of my Administration to
implement science-based public health measures, across all areas of the
Federal Government, to act swiftly and aggressively to prevent further
spread of the disease.
On November 24, 2021, the Republic of South Africa informed the World
Health Organization (WHO) of a new B.1.1.529 (Omicron) variant of SARS-
CoV-2, the virus that causes COVID-19, that was detected in that
country. On November 26, 2021, the WHO Technical Advisory Group on SARS-
CoV-2 Virus Evolution announced that B.1.1.529 constitutes a variant of
concern. While new information is still emerging, the profile of
B.1.1.529 includes multiple mutations across the SARS-CoV-2 genome, some
of which are concerning. According to the WHO, preliminary evidence
suggests an increased risk of reinfection with this variant, as compared
to other variants of concern. Further, the WHO reports that the number
of cases of this variant appears to be increasing in almost all
provinces in the Republic of South Africa. Based on these developments,
and in light of the extensive cross-border transit and proximity in
Southern Africa, the detection of B.1.1.529 cases in some Southern
African countries, and the lack
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of widespread genomic sequencing in Southern Africa, the United States
Government, including the Centers for Disease Control and Prevention
(CDC), within the Department of Health and Human Services, has
reexamined its policies on international travel and concluded that
further measures are required to protect the public health from
travelers entering the United States from the Republic of Botswana, the
Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the
Republic of Mozambique, the Republic of Namibia, the Republic of South
Africa, and the Republic of Zimbabwe. In addition to these travel
restrictions, the CDC shall implement other mitigation measures for
travelers departing from the countries listed above and destined for the
United States, as needed.
Given the recommendation of the CDC, working in close coordination with
the Department of Homeland Security, described above, I have determined
that it is in the interests of the United States to take action to
suspend and restrict the entry into the United States, as immigrants and
nonimmigrants, of noncitizens of the United States (``noncitizens'') who
were physically present within the Republic of Botswana, the Kingdom of
Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic
of Mozambique, the Republic of Namibia, the Republic of South Africa,
and the Republic of Zimbabwe during the 14-day period preceding their
entry or attempted entry into the United States.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and
section 301 of title 3, United States Code, hereby find that the
unrestricted entry into the United States of persons described in
section 1 of this proclamation would, except as provided for in section
2 of this proclamation, be detrimental to the interests of the United
States, and that their entry should be subject to certain restrictions,
limitations, and exceptions. I therefore hereby proclaim the following:
Section 1. Suspension and Limitation on Entry. The entry into the United
States, as immigrants or nonimmigrants, of noncitizens who were
physically present within the Republic of Botswana, the Kingdom of
Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic
of Mozambique, the Republic of Namibia, the Republic of South Africa,
and the Republic of Zimbabwe during the 14-day period preceding their
entry or attempted entry into the United States is hereby suspended and
limited subject to section 2 of this proclamation.
Sec. 2. Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any noncitizen national of the United States;
(iii) any noncitizen who is the spouse of a U.S. citizen or lawful
permanent resident;
(iv) any noncitizen who is the parent or legal guardian of a U.S. citizen
or lawful permanent resident, provided that the U.S. citizen or lawful
permanent resident is unmarried and under the age of 21;
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(v) any noncitizen who is the sibling of a U.S. citizen or lawful permanent
resident, provided that both are unmarried and under the age of 21;
(vi) any noncitizen who is the child, foster child, or ward of a U.S.
citizen or lawful permanent resident, or who is a prospective adoptee
seeking to enter the United States pursuant to the IR-4 or IH-4 visa
classifications;
(vii) any noncitizen traveling at the invitation of the United States
Government for a purpose related to containment or mitigation of the virus;
(viii) any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or
C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise
traveling to the United States as air or sea crew;
(ix) any noncitizen
(A) seeking entry into or transiting the United States pursuant to one of
the following visas: A-1, A-2, C-2, C-3 (as a foreign government official
or immediate family member of an official), E-1 (as an employee of TECRO or
TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-
1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one
of those NATO categories); or
(B) whose travel falls within the scope of section 11 of the United
Nations Headquarters Agreement;
(x) any noncitizen who is a member of the U.S. Armed Forces or who is a
spouse or child of a member of the U.S. Armed Forces;
(xi) any noncitizen whose entry would further important United States law
enforcement objectives, as determined by the Secretary of State, the
Secretary of Homeland Security, or their respective designees, based on a
recommendation of the Attorney General or his designee; or
(xii) any noncitizen or group of noncitizens whose entry would be in the
national interest, as determined by the Secretary of State, the Secretary
of Homeland Security, or their designees.
(b) Nothing in this proclamation shall be construed to affect any
individual's eligibility for asylum, withholding of removal, or
protection under the regulations issued pursuant to the legislation
implementing the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, consistent with the laws and
regulations of the United States.
Sec. 3. Implementation and Enforcement. (a) The Secretary of State shall
implement this proclamation as it applies to visas pursuant to such
procedures as the Secretary of State, in consultation with the Secretary
of Homeland Security, may establish. The Secretary of Homeland Security
shall implement this proclamation as it applies to the entry of
noncitizens pursuant to such procedures as the Secretary of Homeland
Security, in consultation with the Secretary of State, may establish.
(b) The Secretary of State, the Secretary of Transportation, and the
Secretary of Homeland Security shall endeavor to ensure that any
noncitizen subject to this proclamation does not board an aircraft
traveling to the United States, to the extent permitted by law.
(c) The Secretary of Homeland Security may establish standards and
procedures to ensure the application of this proclamation at and between
all United States ports of entry.
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(d) Where a noncitizen circumvents the application of this
proclamation through fraud, willful misrepresentation of a material
fact, or illegal entry, the Secretary of Homeland Security shall
consider prioritizing such noncitizen for removal.
Sec. 4. Relationship to Other Suspensions, Limitations, or Restrictions
on Entry. Individuals described in section 2 of this proclamation may
nevertheless be subject to an entry suspension, limitation, or
restriction under Proclamation 10294 of October 25, 2021 (Advancing the
Safe Resumption of Global Travel During the COVID-19 Pandemic). Nothing
in this proclamation shall be construed to affect any other suspension,
limitation, or restriction on entry.
Sec. 5. Termination. This proclamation shall remain in effect until
terminated by the President. The Secretary of Health and Human Services
shall, as circumstances warrant and no more than 30 days after the date
of this proclamation and by the final day of each calendar month
thereafter, recommend whether the President should continue, modify, or
terminate this proclamation.
Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m.
eastern standard time on November 29, 2021. This proclamation does not
apply to persons aboard a flight scheduled to arrive in the United
States that departed prior to 12:01 a.m. eastern standard time on
November 29, 2021.
Sec. 7. Severability. It is the policy of the United States to enforce
this proclamation to the maximum extent possible to advance the national
security, public safety, and foreign policy interests of the United
States. Accordingly, if any provision of this proclamation, or the
application of any provision to any person or circumstance, is held to
be invalid, the remainder of this proclamation and the application of
its provisions to any other persons or circumstances shall not be
affected thereby.
Sec. 8. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10316 of November 30, 2021
National Impaired Driving Prevention Month, 2021
By the President of the United States of America
A Proclamation
Every year, thousands of lives are needlessly lost on our Nation's
roadways because of alcohol--and drug-impaired driving. These are
avoidable tragedies that leave deep holes in our Nation's families and
communities. During National Impaired Driving Prevention Month, we
reaffirm our commitment to preventing impaired driving. We remember the
victims and honor their memory by making the responsible decision to
drive sober and ensure that others do the same.
Driving while impaired by any substance--legal or illegal--is dangerous.
Alcohol, illicit drugs, and even over-the-counter and prescription
medications can impair a driver's judgment, decrease motor coordination,
and slow the reaction time necessary to safely operate a motor vehicle.
Alcohol-impaired driving has led to over 10,000 deaths each year.
My Administration is committed to reducing the number of impaired
drivers and raising awareness about the dangers of driving impaired. The
new Infrastructure Investment and Jobs Act calls for the National
Highway Traffic Safety Administration to issue a new standard for
``advanced drunk and impaired driving prevention technology'' for new
vehicles, which would help prevent impaired drivers from taking the
wheel.
My Administration is building our capacity to end impaired driving by
supporting innovative strategies that reduce impaired driving-related
crashes, injuries, and fatalities while safeguarding against bias and
ensuring racial equity. To identify and support people with substance
use disorders, we are increasing impaired driving risk screening,
supporting evidence-based prevention programs, and providing access to
evidence-based treatment and recovery support services. My
Administration is also raising awareness about the effects of impairment
on driving ability through the Drive Sober or Get Pulled Over and If You
Feel Different, You Drive Different national media campaigns.
While our technology continues to advance and may one day help solve the
problem of impaired driving, everyone must take individual
responsibility and pledge to never drive while impaired and to deter
others from making that fateful decision.
During National Impaired Driving Prevention Month, we recommit ourselves
to doing all we can to stop these preventable crashes and remember those
who lost their lives as a result of impaired driving. We must also share
our appreciation for the law enforcement officers who risk their lives
each day to keep our communities safe while keeping impaired drivers off
of our roadways.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim December 2021 as
National Impaired Driving Prevention Month. I urge all Americans to make
responsible decisions and take appropriate measures to prevent impaired
driving.
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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10317 of November 30, 2021
World AIDS Day, 2021
By the President of the United States of America
A Proclamation
For decades, World AIDS Day has been recognized as an opportunity for
people around the world to stand together in the fight against HIV. This
year on World AIDS Day, we are focused on addressing health inequities
and inequalities and ensuring that the voices of people with HIV are at
the center of our work to end the HIV epidemic globally.
While we have made remarkable progress in the 40 years since the first-
known reported case of AIDS, this disease remains a serious public
health challenge--and we join the international community to honor and
remember the more than 36 million people, including 700,000 Americans,
who have tragically died from AIDS-related illness since the start of
the epidemic. We also renew our commitment to stand with the nearly 38
million people living with HIV around the world as we pursue our shared
goal of ending the HIV epidemic.
The COVID-19 pandemic has added to the challenges our heroic health care
and frontline workers face, yet they continue to deliver essential HIV
prevention services and provide vital care and treatment to people
living with HIV. The pandemic has also interrupted HIV research and
highlighted the work that still remains to achieve equitable access to
HIV prevention, care, and treatment in every community--particularly for
communities of color, adolescent girls and young women, and the LGBTQI+
community.
My Administration remains steadfast in our efforts to end the HIV
epidemic, confront systems and policies that perpetuate entrenched
health inequities, and build a healthier world for all people. Earlier
this year, I reinstated the White House Office of National AIDS Policy
to coordinate our efforts to reduce the number of HIV infections across
our Nation. This week, my Administration is releasing an updated
National HIV/AIDS Strategy to decrease health inequities in new
diagnoses and improve access to comprehensive, evidence-based HIV-
prevention tools. This updated strategy will make equity a cornerstone
of our response and bring a whole-of-government approach to fighting
HIV.
My budget request includes $670 million to support the Department of
Health and Human Services' Ending the HIV Epidemic in the U.S.
Initiative--to reduce HIV diagnoses and AIDS-related deaths. My
Administration has also strengthened the Presidential Advisory Council
on HIV/AIDS by adding members from diverse backgrounds who bring the
knowledge and expertise needed to further our Nation's HIV response.
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My Administration is committed to helping the world end the AIDS
epidemic as a public health threat by 2030. Through the United States
President's Emergency Plan for AIDS Relief (PEPFAR), we have saved more
than 21 million lives, prevented millions of HIV infections, and
supported at least 20 countries around the world to reach epidemic
control of HIV or achieve their ambitious HIV treatment targets. This
remarkable progress over the past 18 years has been made possible
through strong, bipartisan United States leadership and American
generosity. Now, together with partner governments and communities, my
Administration is setting a bold vision for achieving sustained epidemic
control of HIV by supporting equitable health services and solutions,
contributing to improved health for all in PEPFAR-supported countries,
and working with the Global Fund to Fight AIDS, Tuberculosis and
Malaria; UNAIDS; and other regional and local partners toward the goal
of ending the HIV epidemic everywhere.
Ending the HIV epidemic is within our reach, and we are committed to
finishing this work. On World AIDS Day, we rededicate ourselves to
building on the progress of the last 4 decades; upholding and advancing
human rights; supporting research, science, and data-driven solutions;
expanding access to housing, education, and economic empowerment; and
fighting stigma and discrimination. No one living with HIV should suffer
the undeserved guilt and prejudice that too many continue to experience.
We must innovate and explore new ways to help address HIV/AIDS in
communities here at home and around the world.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim December 1, 2021,
as World AIDS Day. I urge the Governors of the United States and its
Territories, and the American people to join the HIV community in
activities to remember those who have lost their lives to AIDS and to
provide support, dignity, and compassion to those living with HIV.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
November, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10318 of December 2, 2021
International Day of Persons With Disabilities, 2021
By the President of the United States of America
A Proclamation
Thirty-one years ago, the bipartisan passage of the Americans with
Disabilities Act (ADA) enshrined our commitment to building a better
Nation for all of us. In the years since, we have made profound progress
to advance the rights, opportunities, full participation, and economic
self-sufficiency of people with disabilities--both here at home and in
nations around the world. On the International Day of Persons with
Disabilities, we reaffirm
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the full promise of dignity, equity, and respect due to all disabled
people and recognize the work that still remains to fully deliver on
that promise.
I was proud to co-sponsor the ADA as a member of the United States
Senate. Today, that law remains a vital source of opportunity and
dignity--a defense against discrimination and a path to independence. My
Administration continues to build on the legacy of the ADA here at home
and lead efforts for disability-inclusive democracies around the world.
Earlier this year, I signed Executive Orders to recruit and retain a
workforce that truly reflects the American people--including Americans
with disabilities--and to help ensure that people with disabilities can
exercise their sacred right to vote on a full and equal basis.
We know that--both here in America and around the world--women and girls
with disabilities are disproportionately impacted by gender inequality.
That is why my Administration developed the first-ever National Strategy
on Gender Equity and Equality, which aims to address discrimination
rooted in the nexus of both gender and disability. The American Rescue
Plan included landmark support for people with disabilities--including
historic funding to expand home- and community-based services under
Medicaid, which is enabling more Americans than ever to live safely and
independently in their own homes. My Administration's Build Back Better
plan will further that commitment by making the most transformative
investment in access to home care in 40 years--providing life-changing
support to people with disabilities and the dedicated workers who help
care for them.
To uphold and advance the human rights of people with disabilities
worldwide, I reestablished the role of Special Advisor on International
Disability Rights at the Department of State. My Administration will
continue to take domestic and international actions to make democracy
more accessible around the world. The Summit for Democracy on December
9-10 will affirm that a government of, by, and for the people--including
those with disabilities--remains humanity's most enduring means to
advance peace, prosperity, and security.
Today and every day, we reaffirm our commitment to ensuring dignity,
equity, and respect for all people with disabilities. As we continue to
build back better and address the challenges of the 21st century, we
will ensure that we deal everybody in and bring everyone along.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim December 3, 2021,
as International Day of Persons with Disabilities. I call on all
Americans to observe this day with appropriate ceremonies, activities,
and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10319 of December 3, 2021
National Pearl Harbor Remembrance Day, 2021
By the President of the United States of America
A Proclamation
On December 7, 1941, the Imperial Japanese Navy attacked our forces at
Pearl Harbor and other locations in Hawaii, taking the lives of 2,403
service members and civilians and leading the United States to declare
its entrance into World War II. It was a day that still lives in infamy
80 years later. As we mark National Pearl Harbor Remembrance Day, we
honor the patriots who perished, commemorate the valor of all those who
defended our Nation, and recommit ourselves to carrying forth the
ensuing peace and reconciliation that brought a better future for our
world. Today, we give thanks to the Greatest Generation, who guided our
Nation through some of our darkest moments and laid the foundations of
an international system that has transformed former adversaries into
allies.
A decade ago, I paid my respects at the USS Arizona Memorial--where
1,177 crewmen lost their lives on that terrible December day. To this
day, beads of oil still rise to the surface of the water--metaphorical
``Black Tears'' shed for those lost in the attack. Reading those names
etched in marble was a mournful reminder of the sacrifices and the human
cost of protecting our Nation and the ideals this great country
represents. Our Nation remains forever indebted to all those who gave
their last full measure of devotion eight decades ago. We will never
forget those who perished, and we will always honor our sacred
obligation to care for our service members, veterans, and their
families, caregivers, and survivors.
The Congress, by Public Law 103-308, as amended, has designated December
7 of each year as ``National Pearl Harbor Remembrance Day.''
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim December 7, 2021, as National Pearl
Harbor Remembrance Day. I encourage all Americans to reflect on the
courage shown by our brave warriors that day and remember their
sacrifices. I ask us all to give sincere thanks and appreciation to the
survivors of that unthinkable day. I urge all Federal agencies,
interested organizations, groups, and individuals to fly the flag of the
United States at half-staff on December 7, 2021, in honor of those
American patriots who died as a result of their service at Pearl Harbor.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10320 of December 5, 2021
Death of Robert Joseph Dole
By the President of the United States of America
A Proclamation
As a mark of respect for Robert Joseph Dole, a statesman like few in our
history and a war hero among the greatest of the Greatest Generation, I
hereby order, by the authority vested in me as President of the United
States by the Constitution and the laws of the United States of America,
that the flag of the United States shall be flown at half-staff at the
White House and upon all public buildings and grounds, at all military
posts and naval stations, and on all naval vessels of the Federal
Government in the District of Columbia and throughout the United States
and its Territories and possessions until sunset on December 9, 2021. I
also direct that the flag shall be flown at half-staff for the same
length of time at all United States embassies, legations, consular
offices, and other facilities abroad, including all military facilities
and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10321 of December 9, 2021
Human Rights Day and Human Rights Week, 2021
By the President of the United States of America
A Proclamation
In the wake of the devastation of the Second World War, leaders from
around the world came together with a shared vision to promote a safer
future for all nations by securing and advancing the human rights of
everyone, everywhere. On December 10, 1948, thanks to the moral
leadership and service of Eleanor Roosevelt as the first Chairperson of
the Commission on Human Rights, the world took an enormous step forward
with the creation of the Universal Declaration of Human Rights (UDHR).
The UDHR enshrines the human rights and fundamental freedoms inherent in
all people--no matter who they are, where they come from, or whom they
love. It is a foundational document that proclaims a truth too often
overlooked or ignored--that ``all human beings are born free and equal
in dignity and rights.'' From the root of this universal ideal has
sprung transformational human rights treaties and a global commitment to
advance equality and dignity for all as the foundation of freedom,
peace, and justice. As a world, we have yet to achieve this goal, and we
must continue our efforts to bend the arc of history closer to justice
and the shared values that the UDHR enshrines. Just as we advocated for
the recognition of universal human rights following World War II, the
United States today remains steadfast in our commitment to advancing the
human rights of all
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people--and to leading not by the example of our power but by the power
of our example.
Since taking office, my Administration has put human rights at the
center of our domestic and foreign policy priorities. We immediately
declared our intention to rejoin the United Nations Human Rights
Council, and with the widespread support of the international community,
our Nation was elected to a new term beginning on January 1, 2022. As a
member of the Council, we will highlight the vital importance of
democracy as we work to protect human rights and hold accountable those
who would violate these rights and freedoms. We will continue to call
out human rights violations wherever they occur, support brave activists
on the front lines of protecting fundamental freedoms, and invest in
strengthening the rule of law.
As a global champion for democracy, we must also continue the unceasing
work of strengthening our own democracy and building a more perfect
union. Leading by example is one of the most powerful and persuasive
foreign policy tools at our disposal. From day one of my Administration,
we have taken concrete steps to reassert our moral leadership on the
global stage. On my first day in office, I signed an Executive Order to
advance racial equity and support for underserved communities. As part
of our once-in-a-generation investment in our Nation's physical
infrastructure, we are also strengthening equitable access to our shared
resources and environment, including providing additional support for
historically underserved communities.
Unfortunately, discrimination and violence are challenges that too many
Americans still face in their own communities. Throughout our Nation's
history, generations of Black and Brown Americans, Indigenous persons,
people with disabilities, LGBTQ+ Americans, immigrants, women and girls,
and members of religious, ethnic, and other historically marginalized
groups have faced heightened threats to their human rights and dignity.
Today, we know that our efforts to defend human rights around the world
are stronger because we acknowledge and seek to remedy our own
historical challenges as part of that same fight. Leading by example
means speaking honestly about the past, upholding the truth, and
striving constantly to improve.
This year, as we commemorate Human Rights Day, my Administration will
bring together global leaders, civil society organizations, and
representatives from the private sector for the first Summit for
Democracy. Working together, we will recommit ourselves to promoting
respect for human rights and combating growing threats to democracy,
including authoritarianism and corruption. We will speak honestly about
the challenges we face, and we will identify meaningful new actions and
commitments to advance our shared goals.
I call upon all Americans to keep the words of the Reverend Dr. Martin
Luther King, Jr. in their hearts: ``injustice anywhere is a threat to
justice everywhere.'' Let us all dedicate ourselves to bringing our
Nation and our world closer to a future in which every human being is
free to pursue their highest dreams and unleash their full potential.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim December 10, 2021,
as Human Rights Day and the week beginning December 10, 2021, as Human
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Rights Week. I call upon the people of the United States to mark these
observances with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10322 of December 9, 2021
Amending Proclamation 10320, Death of Robert J. Dole
By the President of the United States of America
A Proclamation
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 extend the display of the flag at half-staff as a mark of respect for
Robert Joseph Dole, it is hereby ordered that Proclamation 10320 of
December 5, 2021, is amended by deleting in the first sentence the words
``until sunset on December 9, 2021'' and inserting in their place the
words ``through Saturday, December 11.''
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10323 of December 14, 2021
Bill of Rights Day, 2021
By the President of the United States of America
A Proclamation
More than two centuries ago, our Founders drafted the Constitution in
order to create an American Government that could act with urgency on
national issues without compromising individual rights and freedoms.
They had the genius not only to craft such a Government but to foresee
their own fallibility as well. In their foresight, they made the charter
at the heart of our Nation a living document--including within it a
process by which it could be amended to evolve and keep pace with the
wisdom of passing time.
Opportunities to improve our Constitution have been contemplated since
its inception. On December 15, 1791, three-fourths of the existing State
legislatures ratified the first 10 Amendments of the Constitution--the
Bill of Rights. These Amendments protect some of the most indispensable
rights and liberties that define us as Americans. Though we have often
struggled
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to live up to the promises they contain, 230 years after the
ratification of the Bill of Rights, respect for human rights and
fundamental freedoms remains at the center of our democracy.
The Bill of Rights is important not only in the freedoms it protects but
in its demonstration of America's enduring commitment to self-
improvement and striving to continuously form a ``more perfect union.''
Since 1791, 17 additional Amendments have been ratified for a total of
27 Amendments to the Constitution. From the 13th Amendment, which
abolished slavery; to the 14th Amendment, which guaranteed birthright
citizenship, promised ``equal protection under the laws,'' and
safeguarded fundamental rights and fair process; to the several
Amendments devoted to prohibiting electoral discrimination based on
race, sex, age, and the inability to afford a tax; to the most recent
amendment ratified in 1992 to keep members of Congress more responsive
to their voters--our history of amending the Constitution illustrates
that improving our democracy is the shared and constant duty of all
Americans. Democracy's greatest strength is the ability it provides its
citizens to improve their system of governance, which is why democracy
is uniquely suited to face the challenges of a changing world.
Just as our Founders overcame their differences to form the democracy we
know today, our country continues to confront its problems head-on and
work together to fix them, even in the face of disagreements. Respectful
disagreement is healthy and American--indeed, it is protected by the
Bill of Rights itself--but there is no place in a democracy for threats
or violence.
Earlier this month, the United States hosted the first ever Summit for
Democracy, where Governmental and non-governmental leaders from around
the world came together to set forth an affirmative agenda for
democratic renewal and to tackle the greatest threats faced by
democracies today through collective action. By working with our
democratic partners, we can meet the challenges of today and tomorrow.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim December 15, 2021,
as Bill of Rights Day. I call upon the people of the United States to
observe this day with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10324 of December 16, 2021
Wright Brothers Day, 2021
By the President of the United States of America
A Proclamation
On December 17, 1903, Wilbur and Orville Wright achieved a feat that
humankind had dreamed of since time immemorial--a sustained, controlled,
powered flight that opened the skies to all humanity. Today, we honor
the extraordinary achievements of the Wright Brothers and celebrate
their enduring contributions to America's unparalleled leadership in
flight.
Many intrepid souls had tried and failed at what the two brothers from
Dayton, Ohio--inventors, engineers, dreamers--were able to achieve.
After years of designing, testing, and building the Wright Flyer in
their hometown workshop, they launched it into flight from the sand
dunes and wind of Kitty Hawk, North Carolina on that historic day--
covering 120 feet in 12 seconds and taking humankind into a new era.
The first flight made history, but it was only the beginning. The Wright
Brothers kept innovating. With every flight, they learned how to improve
their techniques and their flying machine. As the flights lengthened,
their acclaim grew, and they drew interest from people across our Nation
and around the world. The Wright Brothers' unyielding dedication,
creativity, and bravery gave birth to modern aviation--skyrocketing our
Nation's leadership in flight, and inspiring generations of Americans to
take to the skies.
From Amelia Earhart's daring solo flights across the Atlantic and
Pacific Oceans, to the Tuskegee Airmen's heroic defense of our country
in World War II, to brave astronauts who ventured to the Moon and
beyond--America's ingenuity and innovation has continued to soar to new
heights. We were the first to break the sound barrier. The first to fly
non-stop around the world. Today, we are developing more sustainable
fuels and energy sources for the planet, technologies to coordinate
increases in air traffic, and satellite systems that can clean up
manmade debris in space--and we are harnessing our resources and
knowledge from decades of flight missions to take on the existential
threat of climate change.
And 118 years after the Wright Brothers' flight into history, earlier
this year the National Aeronautics and Space Administration's (NASA)
historic Perseverance mission launched the Ingenuity rotorcraft--a small
helicopter--10 feet above the surface of Mars. It was the first powered,
controlled takeoff and landing on another celestial body. Tucked beneath
the propellers was a small cloth taken from the wing of the original
Wright Flyer, which now resides at the Smithsonian National Air and
Space Museum in Washington, D.C. The ground over which Ingenuity hovered
is now called Wright Brothers field--an everlasting reminder of America
as the Nation of possibilities.
As we continue to build our progress in flight and space technology, we
honor our hard-working pilots, aircrews, astronauts, and aviation
scientists that make flying possible across the globe. They represent
some of the best of who we are as Americans--restless, bold, and
optimistic. Thanks to the
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tenacity and uniquely American spirit of the Wright Brothers and the
pioneers who followed them, the skies are open and connecting people and
communities around the world.
The Congress, by a joint resolution approved December 17, 1963, as
amended (77 Stat. 402; 36 U.S.C. 143), has designated December 17 of
each year as ``Wright Brothers Day,'' and has authorized and requested
the President to issue annually a proclamation inviting the people of
the United States to observe that day with appropriate ceremonies and
activities.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, do hereby proclaim December 17, 2021, as Wright Brothers
Day.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10325 of December 22, 2021
50th Anniversary of the National Cancer Act of 1971
By the President of the United States of America
A Proclamation
Half a century ago, on December 23, 1971, policymakers, researchers,
cancer survivors, and advocates gathered at the White House for the
signing of the bipartisan National Cancer Act--a landmark law that has
helped transform cancer research and offered hope to millions in the
years since.
For my family, and for most families, the fight against cancer is
personal. As every family facing cancer does, we learned as much as we
could about the illness our son Beau fought, from his diagnosis to the
very end. Along the way, we came to understand just how quickly cancer-
fighting science, medicine, and technology is progressing--saving more
and more lives each year. It is thanks in no small part to the National
Cancer Act of 1971 that so much of this progress has been possible.
Fifty years ago, cancer screening and detection were in their infancy,
treatment options were limited, and researchers worked largely in the
dark. The National Cancer Act helped launch programs that form the
backbone of today's cancer research enterprise by bolstering the
National Cancer Institute (NCI) at the National Institutes of Health;
establishing NCI-designated Cancer Centers; creating national networks
to conduct clinical trials; and building systems to collect, share, and
advance cancer data and research.
After decades of investment and innovation--and because of the limitless
ingenuity of the world's finest nurses, physicians, and researchers--
today we have a much more sophisticated understanding of how best to
fight cancer. Thanks to new treatments and insights that could not have
been imagined in generations past, the overall cancer death rate in the
United States has declined steadily since the early 1990s, with more
dramatic declines in the past few years.
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Cancer touches so many families across the country. It is up to all of
us to continue making progress fighting cancer and ensuring that every
American has access to the quality care they need. In 2016, President
Obama asked me to lead the Cancer Moonshot Initiative to end cancer as
we know it, and Jill and I committed to this as one of the causes of our
lives. Now, as President and First Lady, we remain committed to that
mission. Today, we are more hopeful than ever about America's chances to
bring an end to cancer as we know it.
To help us get there, I have asked the Congress to launch the Advanced
Research Projects Agency for Health--or ARPA-H--which will invest
billions of dollars to speed breakthroughs in preventing, detecting, and
treating cancer and other deadly diseases. My American Rescue Plan has
also expanded access to affordable health insurance coverage, ensuring
that more Americans are able to receive cancer screenings and get the
treatment they need without worrying about costs. My Administration will
continue to build on the Affordable Care Act, so that all Americans--
particularly Americans of color, Indigenous Americans, rural Americans,
and others who have been historically underserved--have access to
quality, affordable health care.
As we commemorate the 50th anniversary of the National Cancer Act, I
call upon all Americans to reaffirm our national commitment to
accelerate cancer research and deliver hope to more families facing a
cancer diagnosis. Working together, building on the decades of progress
we have made, we can and will end cancer as we know it.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim December 23, 2021,
as the 50th Anniversary of the National Cancer Act of 1971. I encourage
citizens, government agencies, private businesses, nonprofit
organizations, and other interested groups to redouble our pursuit of
more effective and equitable access to prevention, diagnosis, treatment,
and survivorship care for everyone affected by cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10326 of December 23, 2021
To Modify the Harmonized Tariff Schedule of the United States and for
Other Purposes
By the President of the United States of America
A Proclamation
1. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988
(the ``1988 Act'') (Public Law 100-418, 102 Stat. 1107, 1150 (19 U.S.C.
3005(a))) directs the United States International Trade Commission (the
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``Commission'') to keep the Harmonized Tariff Schedule of the United
States (HTS) under continuous review and periodically to recommend to
the President such modifications to the HTS as the Commission considers
necessary or appropriate to accomplish the purposes set forth in that
subsection. Pursuant to sections 1205(c) and (d) of the 1988 Act (19
U.S.C. 3005(c) and (d)), the Commission has recommended modifications to
the HTS to conform the HTS to amendments made to the International
Convention on the Harmonized Commodity Description and Coding System and
the Protocol thereto (the ``Convention'') and to promote uniform
application of the Convention.
2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) authorizes the
President to proclaim modifications to the HTS based on the
recommendations of the Commission under section 1205 of the 1988 Act, if
the President determines that the modifications are in conformity with
United States obligations under the Convention and do not run counter to
the national economic interest of the United States. I have determined
that the modifications to the HTS proclaimed in this proclamation
pursuant to section 1206(a) of the 1988 Act are in conformity with
United States obligations under the Convention and do not run counter to
the national economic interest of the United States.
3. Presidential Proclamation 6763 of December 23, 1994, implemented,
with respect to the United States, the trade agreements resulting from
the Uruguay Round of multilateral trade negotiations, including Schedule
XX-United States of America, annexed to the Marrakesh Protocol to the
General Agreement on Tariffs and Trade 1994 (Schedule XX), that were
entered into pursuant to sections 1102(a) and (e) of the 1988 Act (19
U.S.C. 2902(a) and (e)), and approved in section 101(a) of the Uruguay
Round Agreements Act (the ``URAA'') (Public Law 103-465, 108 Stat. 4809,
4814 (19 U.S.C. 3511(a))).
4. Pursuant to the authority provided in section 111 of the URAA (19
U.S.C. 3521) and sections 1102(a) and (e) of the 1988 Act (19 U.S.C.
2902(a) and (e)), Proclamation 6763 included the staged reductions in
rates of duty that the President determined to be necessary or
appropriate to carry out the terms of Schedule XX. In order to ensure
the continuation of such rates of duty for imported goods under tariff
categories that are being modified to reflect the amendments to the
Convention, I have determined that additional modifications to the HTS
are necessary or appropriate to carry out the duty reductions previously
proclaimed, including certain technical or conforming changes within the
tariff schedule.
5. Presidential Proclamations 7987 of February 28, 2006; 7991 of March
24, 2006; 7996 of March 31, 2006; 8034 of June 30, 2006; 8111 of
February 28, 2007; 8331 of December 23, 2008; and 8536 of June 12, 2010,
implemented the Dominican Republic-Central America-United States Free
Trade Agreement (CAFTA-DR) with respect to the United States and,
pursuant to section 201 of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (the ``CAFTA-DR
Implementation Act'') (Public Law 109-53, 119 Stat. 462, 467 (19 U.S.C.
4031)), the staged reductions in rates of duty that the President
determined to be necessary or appropriate to carry out or apply articles
3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and 3.28, and Annexes 3.3 (including
the schedule of the United States duty reductions with respect to
originating goods), 3.27, and 3.28 of the
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CAFTA-DR. In order to ensure the continuation of such staged reductions
in rates of duty for originating goods under tariff categories that are
being modified to reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are necessary or
appropriate to carry out the duty reductions previously proclaimed.
6. Presidential Proclamation 8341 of January 16, 2009, implemented the
United States-Peru Trade Promotion Agreement (USPTPA) with respect to
the United States and, pursuant to section 201 of the United States-Peru
Trade Promotion Agreement Implementation Act (the ``USPTPA
Implementation Act'') (Public Law 110-138, 121 Stat. 1455, 1459-1460 (19
U.S.C. 3805 note)), the staged reductions in duty that the President
determined to be necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the USPTPA. In order to ensure
the continuation of such staged reductions in rates of duty for
originating goods under tariff categories that are being modified to
reflect the amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed.
7. Presidential Proclamation 8783 of March 6, 2012, implemented the
United States-Korea Free Trade Agreement (USKFTA) with respect to the
United States and, pursuant to section 201 of the United States-Korea
Free Trade Agreement Implementation Act (the ``USKFTA Implementation
Act'') (Public Law 112-41, 125 Stat. 428, 432-433 (19 U.S.C. 3805
note)), the staged reductions in duty that the President determined to
be necessary or appropriate to carry out or apply articles 2.3, 2.5,
2.6, and the schedule of duty reductions with respect to Korea set forth
in Annex 2-B, Annex 4-B, and Annex 22-A of the USKFTA. Presidential
Proclamation 9834 of December 21, 2018, modified the staging of duty
treatment for specific goods of Korea, pursuant to section 201(b) of the
USKFTA Act, in order to maintain the general level of reciprocal and
mutually advantageous concessions with respect to Korea provided for by
the USKFTA and to carry out an agreement with Korea modifying the
staging of duty treatment for those goods. In order to ensure the
continuation of such staged reductions in rates of duty for originating
goods under tariff categories that are being modified to reflect the
amendments to the Convention, I have determined that additional
modifications to the HTS are necessary or appropriate to carry out the
duty reductions previously proclaimed.
8. Presidential Proclamation 8818 of May 14, 2012, implemented the
United States-Colombia Trade Promotion Agreement (USCTPA) with respect
to the United States and, pursuant to section 201 of the United States-
Colombia Trade Promotion Agreement Implementation Act (the ``USCTPA
Implementation Act'') (Public Law 112-42, 125 Stat. 462, 466-67 (19
U.S.C. 3805 note)), the staged reductions in duty that the President
determined to be necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the USCTPA. In order to ensure
the continuation of such staged reductions in rates of duty for
originating goods under tariff categories that are being modified to
reflect the amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed. I have also
determined that a technical correction to general note 34(o) to the HTS
is necessary to provide for the intended tariff treatment accorded under
the USCTPA to originating goods of Colombia.
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9. Presidential Proclamation 8894 of October 29, 2012, implemented the
United States-Panama Trade Promotion Agreement (PTPA) with respect to
the United States and, pursuant to section 201 of the United States-
Panama Trade Promotion Agreement Implementation Act (the ``PTPA
Implementation Act'') (Public Law 112-43, 125 Stat. 497, 501-502 (19
U.S.C. 3805 note)), the staged reductions in duty that the President
determined to be necessary or appropriate to carry out or apply articles
3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and the schedule of duty
reductions with respect to Panama set forth in Annex 3.3 of the PTPA. In
order to ensure the continuation of such staged reductions in rates of
duty for originating goods under tariff categories that are being
modified to reflect the amendments to the Convention, I have determined
that additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed.
10. Presidential Proclamation 10053 of June 29, 2020, implemented the
Agreement between the United States of America, the United Mexican
States, and Canada (USMCA) with respect to the United States and,
pursuant to section 103(c)(1) of the United States-Mexico-Canada
Agreement Implementation Act (the ``USMCA Implementation Act'') (Public
Law 116-113, 134 Stat. 11, 16 (19 U.S.C. 4513(c)(1))), it provided for
the continuation of duty-free or excise treatment and staged reductions
in duties as the President determined to be necessary or appropriate to
carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3,
the Schedule of the United States to Annex 2-B, including the appendices
to that Annex, Annex 2-C, and Annex 6-A of the USMCA. In order to ensure
the continuation of such staged reductions in rates of duty for
originating goods under tariff categories that are being modified to
reflect the amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed.
11. The United States Trade Representative, in a Federal Register notice
of August 23, 2017 (82 FR 40213), announced the initiation of an
investigation into certain acts, policies, and practices of China
related to technology transfer, intellectual property, and innovation,
pursuant to section 301 of the Trade Act of 1974 (the ``Trade Act'')
(Public Law 93-618, 88 Stat. 1978, 2041 (19 U.S.C 2411)). The United
States Trade Representative announced in a Federal Register notice of
April 6, 2018 (83 FR 14906), the determination that China's acts,
policies, and practices related to technology transfer, intellectual
property, and innovation are actionable under section 301(b) of the
Trade Act (19 U.S.C. 2411(b)). The United States Trade Representative
announced the determinations, pursuant to sections 301(b), 301(c), and
304(a) of the Trade Act (19 U.S.C. 2411(b), 2411(c), and 2414(a)), that
appropriate and feasible action in this investigation includes the
imposition of an additional ad valorem duty on products of China in
Federal Register notices of June 20, 2018 (83 FR 28711), and August 16,
2018 (83 FR 40823). The United States Trade Representative announced the
determinations, pursuant to section 307(a)(1) of the Trade Act (19
U.S.C. 2417(a)(1)), to modify the prior action in this investigation by
imposing additional duties on products of China, in a Federal Register
notice of September 21, 2018 (83 FR 47974, as modified by notices of
September 28, 2018 (83 FR 49153),
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May 9, 2019 (84 FR 20459), and June 10, 2019 (84 FR 26930), and in a
Federal Register notice of August 20, 2019 (84 FR 43304, as modified by
notices of August 30, 2019 (84 FR 45821), and January 22, 2020 (85 FR
3741)). In order to ensure the maintenance of such duty rates for goods
under tariff categories that are being modified to reflect the
amendments to the Convention, I have determined that additional
conforming modifications to the HTS are necessary.
12. On April 22, 1985, the United States and Israel entered into the
Agreement on the Establishment of a Free Trade Area between the
Government of the United States of America and the Government of Israel
(USIFTA), which the Congress approved in section 3 of the United States-
Israel Free Trade Area Implementation Act of 1985 (the ``USIFTA
Implementation Act'') (Public Law 99-47, 99 Stat. 82 (19 U.S.C. 2112
note)). Section 4(b) of the USIFTA Implementation Act provides that,
whenever the President determines that it is necessary to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Israel provided for by the USIFTA, the President may proclaim
such withdrawal, suspension, modification, or continuance of any duty,
or such continuance of existing duty-free or excise treatment, or such
additional duties, as the President determines to be required or
appropriate to carry out the USIFTA. In order to maintain the general
level of reciprocal and mutually advantageous concessions with respect
to agricultural trade with Israel, on July 27, 2004, the United States
entered into an agreement with Israel concerning certain aspects of
trade in agricultural products during the period January 1, 2004,
through December 31, 2008 (United States-Israel Agreement Concerning
Certain Aspects of Trade in Agricultural Products (the ``2004
Agreement'')).
13. In Presidential Proclamation 7826 of October 4, 2004, the President
determined, pursuant to section 4(b) of the USIFTA Implementation Act
and consistent with the 2004 Agreement, that, in order to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Israel provided for by the USIFTA, it was necessary to
provide duty-free access into the United States through December 31,
2008, for specified quantities of certain agricultural products of
Israel. Each year from 2008 through 2020, the United States and Israel
entered into agreements to extend the period that the 2004 Agreement was
in force for 1-year periods to allow additional time for the two
governments to conclude an agreement to replace the 2004 Agreement. To
carry out the extension agreements, the President in Proclamation 8334
of December 31, 2008; 8467 of December 23, 2009; 8618 of December 21,
2010; 8770 of December 29, 2011; 8921 of December 20, 2012; 9072 of
December 23, 2013; 9223 of December 23, 2014; 9383 of December 21, 2015;
9555 of December 15, 2016; 9687 of December 22, 2017; 9834 of December
21, 2018; 9974 of December 26, 2019; and 10128 of December 22, 2020;
modified the HTS to provide duty-free access into the United States for
specified quantities of certain agricultural products of Israel, each
time for an additional 1-year period. On November 22, 2021, the United
States entered into an agreement with Israel to extend the period that
the 2004 Agreement is in force through December 31, 2022, and to allow
for further negotiations on an agreement to replace the 2004 Agreement.
Pursuant to section 4(b) of the USIFTA Implementation Act, I have
determined that it is necessary, in order to maintain the general level
of reciprocal and mutually advantageous concessions with respect to
Israel provided for by the USIFTA, to provide duty-free access into the
United
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States through the close of December 31, 2022, for specified quantities
of certain agricultural products of Israel.
14. Presidential Proclamation 7747 of December 30, 2003, implemented the
United States-Singapore Free Trade Agreement (USSFTA) with respect to
the United States and, pursuant to section 201 of the United States-
Singapore Free Trade Agreement Implementation Act (the ``USSFTA
Implementation Act'') (Public Law 108-78, 117 Stat. 948, 952 (19 U.S.C.
3805 note)), incorporated in the HTS the tariff modifications and rules
of origin necessary or appropriate to carry out the USSFTA. A technical
error was made in the modifications to general note 25 to the HTS. I
have determined that a technical correction to general note 25 to the
HTS is necessary to provide for the intended tariff treatment accorded
under the USSFTA to originating goods of Singapore.
15. In Presidential Proclamation 7350 of October 2, 2000, the President
designated Ethiopia, the Republic of Guinea (Guinea), and the Republic
of Mali (Mali) as beneficiary sub-Saharan African countries for purposes
of section 506A(a)(1) of the Trade Act, as added by section 111(a) of
the African Growth and Opportunity Act (the ``AGOA'') (title I of Public
Law 106-200, 114 Stat. 251, 257-58 (19 U.S.C. 2466a(a)(1))).
16. Section 506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)) provides
that the President shall terminate the designation of a country as a
beneficiary sub-Saharan African country for purposes of section 506A if
the President determines that the country is not making continual
progress in meeting the requirements described in section 506A(a)(1) of
the Trade Act.
17. Pursuant to section 506A(a)(3) of the Trade Act, I have determined
that Ethiopia, Guinea, and Mali do not meet the requirements described
in section 506A(a)(1) of that Act. Accordingly, I have decided to
terminate the designation of Ethiopia, Guinea, and Mali as beneficiary
sub-Saharan African countries for purposes of section 506A of the Trade
Act, effective January 1, 2022.
18. Section 604 of the Trade Act, as amended (19 U.S.C. 2483),
authorizes the President to embody in the HTS the substance of the
relevant provisions of that Act, and of other acts affecting import
treatment, and actions taken thereunder, including the removal,
modification, continuance, or imposition of any rate of duty or other
import restriction. Section 1206(c) of the 1988 Act, as amended (19
U.S.C. 3006(c)), provides that any modifications proclaimed by the
President under section 1206(a) of that Act may not take effect before
the thirtieth day after the date on which the text of the proclamation
is published in the Federal Register.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States of America, including but not limited
to sections 1102, 1205, and 1206 of the 1988 Act, section 111 of the
URAA, section 201 of the CAFTA-DR Implementation Act, section 201 of the
USPTPA Implementation Act, section 201 of the USKFTA Implementation Act,
section 201 of the USCTPA Implementation Act, section 201 of the PTPA
Implementation Act, section 201 of the USSFTA Implementation Act,
section 103(c) of the USMCA Implementation Act, section 301 of the Trade
Act, section 4(b) of the USIFTA Implementation Act, section 111(a) of
the AGOA, and sections 506A(a)(1), 506A(a)(3), and 604 of the Trade Act,
as amended, do proclaim that:
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(1) In order to modify the HTS to conform it to the Convention or
any amendment thereto recommended for adoption, to promote the uniform
application of the Convention, to establish additional subordinate
tariff categories, to make technical and conforming changes to existing
provisions, and to maintain the duty treatment with respect to actions
pursuant to section 301 of the Trade Act, the HTS is modified as set
forth in Annexes I, II.A, and II.B of Publication 5240 of the United
States International Trade Commission, entitled, ``Modifications to the
Harmonized Tariff Schedule of the United States under Section 1206 of
the Omnibus Trade and Competitiveness Act of 1988 and for Other
Purposes'' (Publication 5240). Publication 5240 is incorporated by
reference into this proclamation.
(2) In order to make a technical correction necessary to provide for
the intended tariff treatment accorded under the USCTPA to originating
goods under the USCTPA, the HTS is modified as set forth in Annex II.C
of Publication 5240.
(3) In order to make a technical correction necessary to provide for
the intended tariff treatment accorded under the USSFTA to originating
goods under the USSFTA, the HTS is modified as set forth in Annex II.D
of Publication 5240.
(4) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of parties to the CAFTA-DR under the
CAFTA-DR that are classifiable in the provisions modified by the
amendments to the HTS to conform it to the Convention, the HTS is
modified as set forth in Annex III of Publication 5240.
(5) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Peru under the USPTPA that are
classifiable in the provisions modified by the amendments to the HTS to
conform it to the Convention, the HTS is modified as set forth in Annex
IV of Publication 5240.
(6) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Korea under the USKFTA that are
classifiable in the provisions modified by the amendments to the HTS to
conform it to the Convention, the HTS is modified as set forth in Annex
V of Publication 5240.
(7) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Colombia under the USCTPA that are
classifiable in the provisions modified by the amendments to the HTS to
conform it to the Convention, the HTS is modified as set forth in Annex
VI of Publication 5240.
(8) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Panama under the PTPA that are
classifiable in the provisions modified by the amendments to the HTS to
conform it to the Convention, the HTS is modified as set forth in Annex
VII of Publication 5240.
(9) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Canada and Mexico under the USMCA
that are classifiable in the provisions modified by the amendments to
the HTS to conform it
[[Page 338]]
to the Convention, the HTS is modified as set forth in Annex VIII of
Publication 5240.
(10) In order to implement tariff commitments under the 2004
Agreement through December 31, 2022, the HTS is modified as set forth in
Annex IX of Publication 5240.
(11) The modifications and technical rectifications to the HTS made
by paragraphs (1) through (10) of this proclamation shall enter into
effect on the applicable dates set forth in Annexes I through IX of
Publication 5240.
(12) The designation of Ethiopia, Guinea, and Mali as beneficiary
sub-Saharan African countries for purposes of section 506A of the Trade
Act is terminated, effective January 1, 2022.
(13) In order to reflect in the HTS that beginning January 1, 2022,
Ethiopia, Guinea, and Mali shall no longer be designated as beneficiary
sub-Saharan African countries, general note 16(a) to the HTS is modified
by deleting ``Ethiopia'', ``Republic of Guinea'', and ``Republic of Mali
(Mali)'' from the list of beneficiary sub-Saharan African countries.
Note 7(a) to subchapter II and note 1 to subchapter XIX of chapter 98 of
the HTS are each modified by deleting ``Ethiopia,'', ``Guinea,'', and
``Mali,'' from the list of beneficiary countries. Further, note 2(d) to
subchapter XIX of chapter 98 of the HTS is modified by deleting
``Ethiopia;'', ``Guinea;'', and ``Republic of Mali;'' from the list of
lesser developed beneficiary sub-Saharan African countries.
(14) The modifications to the HTS set forth in paragraph (13) of
this proclamation shall be effective with respect to goods entered for
consumption, or withdrawn from warehouse for consumption, on or after
January 1, 2022.
(15) Any provisions of previous proclamations and Executive Orders
that are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10327 of December 27, 2021
Adjusting Imports of Aluminum Into the United States
By the President of the United States of America
A Proclamation
1. On January 19, 2018, the Secretary of Commerce (Secretary)
transmitted to the President a report on the Secretary's investigation
into the effect of imports of aluminum articles on the national security
of the United States under section 232 of the Trade Expansion Act of
1962, as amended (19 U.S.C. 1862). The Secretary found and advised the
President of his opinion that aluminum articles are being imported into
the United States in such
[[Page 339]]
quantities and under such circumstances as to threaten to impair the
national security of the United States.
2. In Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum
Into the United States), the President concurred in the Secretary's
finding that aluminum articles are being imported into the United States
in such quantities and under such circumstances as to threaten to impair
the national security of the United States, and decided to adjust the
imports of aluminum articles by imposing a 10 percent ad valorem tariff
on such articles imported from all countries except Canada and Mexico.
Proclamation 9704 further stated that any country with which we have a
security relationship is welcome to discuss with the United States
alternative ways to address the threatened impairment of the national
security caused by imports from that country, and noted that, should the
United States and any such country arrive at a satisfactory alternative
means to address the threat to the national security such that the
President determines that imports from that country no longer threaten
to impair the national security, the President may remove or modify the
restriction on aluminum articles imports from that country and, if
necessary, adjust the tariff as it applies to other countries, as the
national security interests of the United States require.
3. In Proclamation 9710 of March 22, 2018 (Adjusting Imports of Aluminum
Into the United States), the President noted the continuing discussions
with the European Union (EU) on behalf of its member countries on
satisfactory alternative means to address the threatened impairment to
the national security by aluminum articles imported from the EU.
Recognizing that the EU has an important security relationship with the
United States, the President determined that the necessary and
appropriate means to address the threat to the national security posed
by imports of aluminum articles from the member countries of the EU was
to continue the ongoing discussions and to exempt aluminum articles
imports from these countries from the tariff proclaimed in Proclamation
9704 until May 1, 2018. In Proclamation 9739 of April 30, 2018
(Adjusting Imports of Aluminum Into the United States), the President
noted that, unless the President determines by further proclamation that
the United States has reached a satisfactory alternative means to remove
the threatened impairment to the national security by imports of
aluminum articles from the member countries of the EU, the tariff
proclaimed in Proclamation 9704 shall be effective June 1, 2018, for
these countries.
4. The United States has successfully concluded discussions with the EU
on behalf of its member countries on satisfactory alternative means to
address the threatened impairment of the national security posed by
aluminum articles imports from the EU. The United States and the EU have
agreed to expand coordination involving trade remedies and customs
matters, monitor bilateral steel and aluminum trade, cooperate on
addressing non-market excess capacity, and annually review their
arrangement and their ongoing cooperation. In addition, the United
States and the EU will seek to conclude, by October 31, 2023,
negotiations on global steel and aluminum arrangements to restore
market-oriented conditions and support the reduction of carbon intensity
of steel and aluminum across modes of production.
[[Page 340]]
5. The United States will implement a number of actions, including a
tariff-rate quota that restricts the quantity of aluminum articles
imported into the United States from the EU without the application of
the tariff proclaimed in Proclamation 9704. Under the arrangement,
aluminum articles that area accompanied by a certificate of analysis are
eligible for in-quota treatment. In my judgment, these measures will
provide an effective, long-term alternative means to address any
contribution by EU aluminum articles imports to the threatened
impairment to the national security by restraining aluminum articles
imports to the United States from the EU, limiting transshipment, and
discouraging excess aluminum capacity and production. In light of this
agreement, I have determined that specified volumes of eligible aluminum
articles imports from the EU will no longer threaten to impair the
national security and have decided to exclude such imports from the EU
up to a designated quota from the tariff proclaimed in Proclamation 9704
through December 31, 2023. The United States will monitor the
implementation and effectiveness of the tariff-rate quota and other
measures agreed upon with the EU in addressing our national security
needs, and I may revisit this determination, as appropriate.
6. The alternative means, including the tariff-rate quota, align with
the recommendations specified in the Secretary's report assessing the
effect of imports of aluminum articles on the national security of the
United States under section 232. The agreed-upon aggregate tariff-rate
quota volume, totaling 18,000 metric tons of unwrought aluminum and
366,040 metric tons of semi-finished wrought aluminum, is consistent
with the objective of reaching and sustaining a sufficient capacity
utilization rate in the domestic aluminum industry.
7. In light of my determination to adjust the tariff proclaimed in
Proclamation 9704 as applied to eligible aluminum articles imports from
the EU, I have considered whether it is necessary and appropriate in
light of our national security interests to make any corresponding
adjustments to such tariff as it applies to other countries. I have
determined that it is necessary and appropriate, at this time, to
maintain the current tariff level as it applies to other countries.
8. Section 232 of the Trade Expansion Act of 1962, as amended,
authorizes the President to adjust the imports of an article and its
derivatives that are being imported into the United States in such
quantities or under such circumstances as to threaten to impair the
national security.
9. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483),
authorizes the President to embody in the Harmonized Tariff Schedule of
the United States (HTSUS) the substance of statutes affecting import
treatment, and actions thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by the Constitution and the
laws of the United States of America, including section 232 of the Trade
Expansion Act of 1962, as amended, section 301 of title 3, United States
Code, and section 604 of the Trade Act of 1974, as amended, do hereby
proclaim as follows:
(1) To establish a tariff-rate quota on imports of aluminum articles
from member countries of the EU as described in paragraph 5 of this
proclamation, U.S. note 19 to subchapter III of chapter 99 of the HTSUS
is amended
[[Page 341]]
as provided for in the Annex to this proclamation. Imports of aluminum
articles from member countries of the EU in excess of the tariff-rate
quota quantities shall remain subject to the duties imposed by clause 2
of Proclamation 9704, as amended. The Secretary, in consultation with
the United States Trade Representative and the Secretary of Homeland
Security, shall recommend to the President, as warranted, updates to the
in-quota volumes contained in the Annex to this proclamation. Aluminum
articles from a member country of the EU imported under an exclusion
granted pursuant to clause 3 of Proclamation 9704, as amended, shall
count against the in-quota volume of the tariff-rate quota established
in clause 1 of this proclamation.
(2) Clause 2 of Proclamation 9704, as amended, is further amended in
the second sentence by deleting ``and'' before ``(g)'' and inserting
before the period at the end: ``, and (h) on or after 12:01 a.m. eastern
standard time on January 1, 2022, from all countries except Argentina,
Australia, Canada, Mexico, and except the member countries of the
European Union through 11:59 p.m. eastern standard time on December 31,
2023, for aluminum articles covered by headings 9903.85.25 through
9903.85.44, inclusive.''
(3) Aluminum articles eligible for treatment under clause 1 of this
proclamation must be accompanied by a certificate of analysis in order
to receive such treatment. The Secretary, in consultation with the
Secretary of Homeland Security and the United States Trade
Representative, is authorized to take such actions as are necessary to
ensure compliance with this requirement. Failure to comply could result
in applicable remedies or penalties under United States law.
(4) The modifications made by clauses 1 through 3 of this
proclamation and the Annex to this proclamation shall be effective with
respect to goods entered for consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern standard time on January
1, 2022, and shall continue in effect, unless such actions are expressly
reduced, modified, or terminated.
(5) Any imports of aluminum articles from the member countries of
the EU that were admitted into a United States foreign trade zone in
``privileged foreign status'' as defined in 19 CFR 146.41, prior to
12:01 a.m. eastern standard time on January 1, 2022, shall be subject
upon entry for consumption made on or after 12:01 a.m. eastern standard
time on January 1, 2022, to the provisions of the tariff-rate quota in
effect at the time of the entry for consumption.
(6) Any provision of previous proclamations and Executive Orders
that is inconsistent with the actions taken in this proclamation is
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10328 of December 27, 2021
Adjusting Imports of Steel Into the United States
By the President of the United States of America
A Proclamation
1. On January 11, 2018, the Secretary of Commerce (Secretary)
transmitted to the President a report on the Secretary's investigation
into the effect of imports of steel mill articles (steel articles) on
the national security of the United States under section 232 of the
Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). The Secretary
found and advised the President of his opinion that steel articles are
being imported into the United States in such quantities and under such
circumstances as to threaten to impair the national security of the
United States.
2. In Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel
Into the United States), the President concurred in the Secretary's
finding that steel articles, as defined in clause 1 of Proclamation
9705, as amended by clause 8 of Proclamation 9711 of March 22, 2018
(Adjusting Imports of Steel Into the United States), are being imported
into the United States in such quantities and under such circumstances
as to threaten to impair the national security of the United States, and
decided to adjust the imports of those steel articles by imposing a 25
percent ad valorem tariff on such articles imported from all countries
except Canada and Mexico. The proclamation further stated that any
country with which we have a security relationship is welcome to discuss
with the United States alternative ways to address the threatened
impairment of the national security caused by imports from that country,
and noted that, should the United States and any such country arrive at
a satisfactory alternative means to address the threat to the national
security such that the President determines that imports from that
country no longer threaten to impair the national security, the
President may remove or modify the restriction on steel articles imports
from that country and, if necessary, adjust the tariff as it applies to
other countries, as the national security interests of the United States
require.
3. In Proclamation 9711, the President noted the continuing discussions
with the European Union (EU) on behalf of its member countries on
satisfactory alternative means to address the threatened impairment to
the national security by imports of steel articles from these countries.
Recognizing that the member countries of the EU have an important
security relationship with the United States, the President determined
that the necessary and appropriate means to address the threat to the
national security posed by imports of steel articles from these
countries was to continue the ongoing discussions and to exempt steel
articles imports from these countries from the tariff proclaimed in
Proclamation 9705 until May 1, 2018. In Proclamation 9740 of April 30,
2018 (Adjusting Imports of Steel Into the United States), the President
noted that, unless the President determines by further proclamation that
the United States has reached a satisfactory alternative means to remove
the threatened impairment to the national security by imports of steel
articles from the member countries of the EU, the tariff proclaimed in
Proclamation 9705 shall be effective June 1, 2018, for these countries.
[[Page 348]]
4. The United States has successfully concluded discussions with the EU
on behalf of its member countries on satisfactory alternative means to
address the threatened impairment of the national security posed by
steel articles imports from the EU. The United States and the EU have
agreed to expand coordination involving trade remedies and customs
matters, monitor bilateral steel and aluminum trade, cooperate on
addressing non-market excess capacity, and annually review their
arrangement for alternative means and their ongoing cooperation. In
addition, the United States and the EU will seek to conclude, by October
31, 2023, negotiations on global steel and aluminum arrangements to
restore market-oriented conditions and support the reduction of carbon
intensity of steel and aluminum across modes of production.
5. The United States will implement a number of actions, including a
tariff-rate quota that restricts the quantity of steel articles imported
into the United States from the EU without the application of the tariff
proclaimed in Proclamation 9705. Under the arrangement, steel articles
that are melted and poured in the EU are eligible for in-quota
treatment. In my judgment, these measures will provide an effective,
long-term alternative means to address any contribution by EU steel
articles imports to the threatened impairment of the national security
by restraining steel articles imports to the United States from the EU,
limiting transshipment, discouraging excess steel capacity and
production, and strengthening the United States-EU partnership in a
fashion that will better enable future arrangements. In light of this
agreement, I have determined that specified volumes of eligible steel
articles imports from the EU will no longer threaten to impair the
national security and have decided to exclude such imports from the EU
up to a designated quota from the tariff proclaimed in Proclamation 9705
through December 31, 2023. The United States will monitor the
implementation and effectiveness of the tariff-rate quota and other
measures agreed upon with the EU in addressing our national security
needs, and I may revisit this determination, as appropriate.
6. The alternative means, including the tariff-rate quota, advance the
recommendations contained in the Secretary's January 2018 report. The
agreed-upon aggregate tariff-rate quota volume specified in the
agreement between the United States and the EU, totaling 3.3 million
metric tons, is consistent with the objective of reaching and
maintaining a sufficient capacity utilization rate in the domestic steel
industry.
7. The United States also agreed to renew for 2 calendar years all
exclusions that were granted and utilized to import steel products
tariff-free from the EU in Fiscal Year 2021. These exclusions were
granted by the Department of Commerce due to a lack of domestic
availability of the specified products in the United States.
8. In light of my determination to adjust the tariff proclaimed in
Proclamation 9705 as applied to eligible steel articles imported from
the EU, I have considered whether it is necessary and appropriate in
light of our national security interests to make any corresponding
adjustments to such tariff as it applies to other countries. I have
determined that it is necessary and appropriate, at this time, to
maintain the current tariff level as it applies to other countries.
9. Section 232 of the Trade Expansion Act of 1962, as amended,
authorizes the President to adjust the imports of an article and its
derivatives that are
[[Page 349]]
being imported into the United States in such quantities or under such
circumstances as to threaten to impair the national security.
10. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483),
authorizes the President to embody in the Harmonized Tariff Schedule of
the United States (HTSUS) the substance of statutes affecting import
treatment, and actions thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by the authority vested in me by the Constitution and the
laws of the United States of America, including section 232 of the Trade
Expansion Act of 1962, as amended, section 301 of title 3, United States
Code, and section 604 of the Trade Act of 1974, as amended, do hereby
proclaim as follows:
(1) To establish a tariff-rate quota on imports of steel articles
from member countries of the EU as set forth in paragraph 5 of this
proclamation, U.S. Note 16 of subchapter III of chapter 99 of the HTSUS
is amended as provided for in the Annex to this proclamation. Imports of
steel articles from member countries of the EU in excess of the tariff-
rate quota quantities shall remain subject to the duties imposed by
clause 2 of Proclamation 9705, as amended. The Secretary, in
consultation with the United States Trade Representative and the
Secretary of Homeland Security, shall recommend to the President, as
warranted, updates to the in-quota volumes contained in the Annex to
this proclamation.
(2) Clause 2 of Proclamation 9705, as amended, is revised to read as
follows:
``(2)(a) In order to establish certain modifications to the duty
rate on imports of steel articles, subchapter III of chapter 99 of the
HTSUS is modified as provided in the Annex to this proclamation and any
subsequent proclamations regarding such steel articles.
(b) Except as otherwise provided in this proclamation, or in notices
published pursuant to clause 3 of this proclamation, all steel articles
imports covered by heading 9903.80.01, in subchapter III of chapter 99
of the HTSUS, shall be subject to an additional 25 percent ad valorem
rate of duty with respect to goods entered for consumption, or withdrawn
from warehouse for consumption, as follows: (i) on or after 12:01 a.m.
eastern daylight time on March 23, 2018, from all countries except
Argentina, Australia, Brazil, Canada, Mexico, South Korea, and the
member countries of the European Union; (ii) on or after 12:01 a.m.
eastern daylight time on June 1, 2018, from all countries except
Argentina, Australia, Brazil, and South Korea; (iii) on or after 12:01
a.m. eastern daylight time on August 13, 2018, from all countries except
Argentina, Australia, Brazil, South Korea, and Turkey; (iv) on or after
12:01 a.m. eastern daylight time on May 20, 2019, from all countries
except Argentina, Australia, Brazil, South Korea, and Turkey; (v) on or
after 12:01 a.m. eastern daylight time on May 21, 2019, from all
countries except Argentina, Australia, Brazil, Canada, Mexico, and South
Korea; and (vi) on or after 12:01 a.m. eastern standard time on January
1, 2022, from all countries except Argentina, Australia, Brazil, Canada,
Mexico, and South Korea, and except the member countries of the European
Union through 11:59 p.m. eastern standard time on December 31, 2023, for
steel articles covered by headings 9903.80.65 through 9903.81.19,
inclusive. Further, except as otherwise provided in notices
[[Page 350]]
published pursuant to clause 3 of this proclamation, all steel articles
imports from Turkey covered by heading 9903.80.02, in subchapter III of
chapter 99 of the HTSUS, shall be subject to a 50 percent ad valorem
rate of duty with respect to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after 12:01 a.m. eastern daylight
time on August 13, 2018, and prior to 12:01 a.m. eastern daylight time
on May 21, 2019. All steel articles imports covered by heading
9903.80.61, in subchapter III of chapter 99 of the HTSUS, shall be
subject to the additional 25 percent ad valorem rate of duty established
herein with respect to goods entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern time on the
date specified in a determination by the Secretary granting relief.
These rates of duty, which are in addition to any other duties, fees,
exactions, and charges applicable to such imported steel articles, shall
apply to imports of steel articles from each country as specified in the
preceding three sentences''.
(3) The first two sentences of clause 1 of Proclamation 9980 of
January 24, 2020 (Adjusting Imports of Derivative Aluminum Articles and
Derivative Steel Articles Into the United States), are revised to read
as follows:
``In order to establish increases in the duty rate on imports of
certain derivative articles, subchapter III of chapter 99 of the HTSUS
is modified as provided in Annex I and Annex II to this proclamation.
Except as otherwise provided in this proclamation, all imports of
derivative aluminum articles specified in Annex I to this proclamation
shall be subject to an additional 10 percent ad valorem rate of duty,
and all imports of derivative steel articles specified in Annex II to
this proclamation shall be subject to an additional 25 percent ad
valorem rate of duty, with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, as follows: (i) on or after
12:01 a.m. eastern standard time on February 8, 2020, these rates of
duty, which are in addition to any other duties, fees, exactions, and
charges applicable to such imported derivative aluminum articles or
steel articles, shall apply to imports of derivative aluminum articles
described in Annex I to this proclamation from all countries except
Argentina, the Commonwealth of Australia (Australia), Canada, and the
United Mexican States (Mexico) and to imports of derivative steel
articles described in Annex II to this proclamation from all countries
except Argentina, Australia, Brazil, Canada, Mexico, and South Korea
and; (ii) on or after 12:01 a.m. eastern standard time on January 1,
2022, these rates of duty, which are in addition to any other duties,
fees, exactions, and charges applicable to such imported derivative
aluminum articles or steel articles, shall apply to imports of
derivative aluminum articles described in Annex I to this proclamation
from all countries except Argentina, Australia, Canada, the member
countries of the European Union and Mexico and to imports of derivative
steel articles described in Annex II to this proclamation from all
countries except Argentina, Australia, Brazil, Canada, the member
countries of the European Union, Mexico, and South Korea.''
(4) Steel eligible for treatment under clause 1 of this proclamation
must be melted and poured in a member country of the EU in order to
receive such treatment. The Secretary, in consultation with the
Secretary of Homeland Security and the United States Trade
Representative, is authorized to take such actions as are necessary to
ensure compliance with this requirement. Failure to comply could result
in applicable remedies such as the
[[Page 351]]
collection of the tariff set forth in clause 2 of Proclamation 9705, or
penalties under United States law.
(5) Steel articles from a member country of the EU imported under an
exclusion granted pursuant to clause 3 of Proclamation 9705, as amended,
shall not count against the in-quota volume of the tariff-rate quota
established in clause 1 of this proclamation.
(6) The Secretary is directed to renew all utilized exclusions
granted pursuant to clause 3 of Proclamation 9705, as amended, in Fiscal
Year 2021 (October 1, 2020, through September 30, 2021), for the import
of steel articles from one or more member countries of the EU for a
period of 2 years from the date of this proclamation. The renewed
exclusions shall be for an annual volume equal to that volume imported
from a member country of the EU pursuant to the exclusion in Fiscal Year
2021. The Secretary shall communicate to U.S. Customs and Border
Protection of the Department of Homeland Security the exclusions and the
volumes of steel articles from member countries of the EU that are
allowed under this provision. The Secretary shall, by publication on the
Internet, or by other means, inform importers of the availability and
volume of exclusions renewed by this provision. This provision does not
alter or modify in any way the ability of importers to seek additional
exclusions in accordance with clause 3 of Proclamation 9705, as amended,
and as implemented by the Department of Commerce, for the import of
steel articles from a member country of the EU.
(7) The Secretary shall, within 45 days of the issuance of this
proclamation, publish in the Federal Register a notice seeking comments
from interested parties on the exclusion process as set forth in
Supplement No. 1 to part 705 of title 15 of the Code of Federal
Regulations. Issues to be included for comment should include the
responsiveness of the exclusion process to market demand and enhanced
consultation with United States firms and labor organizations. Within 60
days of the close of the comment period of the notice, the Secretary
shall issue a proposed regulation revising the exclusion process as
deemed appropriate following consideration of such comments. In carrying
out the review of the exclusion process, the Secretary shall review
whether the criteria for review of exclusion requests in clause 3 of
Proclamation 9705 that the ``steel article determined not to be produced
in the United States in a sufficient and reasonably available amount or
of a satisfactory quality and is also authorized to provide such relief
based upon specific national security considerations'' and clause 3 of
Proclamation 9704 that the ``aluminum article determined not to be
produced in the United States in a sufficient and reasonably available
amount or of a satisfactory quality and is also authorized to provide
such relief based upon specific national security considerations''
continues to be the appropriate criterion for making determinations. The
Secretary is authorized to make such changes to the criteria as the
Secretary deems necessary and shall issue a final rule implementing such
changes within 60 days of the comment period on the proposed regulation.
(8) The Secretary, in coordination with the Secretary of State and
the heads of other executive departments and agencies as necessary,
shall establish a process to assist United States steel and aluminum
consumers in identifying suppliers in those trading partners with which
the United States has negotiated an arrangement under section 232 of the
Trade Expansion Act of 1962, as amended, that can provide the relevant
product.
[[Page 352]]
(9) On a regular basis, the Department of Commerce shall publish on
its website the volume of steel articles imported under exclusions
issued pursuant to clause 3 of Proclamation 9705, as amended.
(10) The modifications to the HTSUS made by clause 1 of this
proclamation shall be effective with respect to goods entered for
consumption, or withdrawn from warehouse for consumption, on or after
12:01 a.m. eastern standard time on January 1, 2022, and shall continue
in effect, unless such actions are expressly reduced, modified, or
terminated.
(11) Any imports of steel articles from the member countries of the
EU that were admitted into a United States foreign trade zone under
``privileged foreign status'' as defined in 19 CFR 146.41, prior to
12:01 a.m. eastern standard time on January 1, 2022, shall be subject
upon entry for consumption made on or after 12:01 a.m. eastern standard
time on January 1, 2022, to the provisions of the tariff-rate quota in
effect at the time of the entry for consumption.
(12) Any provision of previous proclamations and Executive Orders
that is inconsistent with the actions taken in this proclamation is
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
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Proclamation 10329 of December 28, 2021
Revoking Proclamation 10315
By the President of the United States of America
A Proclamation
On November 26, 2021, the World Health Organization (WHO) Technical
Advisory Group on SARS-CoV-2 Virus Evolution announced that the
B.1.1.529 (Omicron) variant of SARS-CoV-2, the virus that causes
coronavirus disease 2019 (COVID-19), constitutes a variant of concern.
The WHO further reported that the number of cases of this variant
appeared to be increasing in almost all provinces in the Republic of
South Africa. On the same day that the WHO classified the Omicron
variant as a variant of concern, and based on the recommendation of the
Centers for Disease Control and Prevention (CDC), within the Department
of Health and Human Services, I issued Proclamation 10315 of November
26, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of Certain
Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease
2019). That proclamation generally suspended and restricted the entry
into the United States of noncitizens of the United States
(``noncitizens'') who were physically present within the Republic of
Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic
of Malawi, the Republic of Mozambique, the Republic of Namibia, the
Republic of South Africa, and the Republic of Zimbabwe during the 14-day
period preceding their entry or attempted entry into the United States.
I took that action to slow the spread of the Omicron variant into the
United States and to enable the United States to implement appropriate
mitigation measures while new information emerged about the variant.
Having learned more about the Omicron variant in the past several weeks,
the CDC now recommends lifting the travel restrictions imposed in
Proclamation 10315. Since I issued that proclamation, our Nation's
health officials, in collaboration with the South African scientists who
originally reported the variant, have made substantial progress in
understanding the Omicron variant. Importantly, scientific experts have
determined that people who are vaccinated against COVID-19 are protected
against severe disease and hospitalization from the Omicron variant.
Moreover, the Omicron variant has now spread to more than 100 countries,
and it is prevalent in the United States. At the same time, my
Administration has made international travel to the United States from
all countries safer in the time since I issued Proclamation 10315. In
particular, the CDC has shortened the timeline for required pre-
departure COVID-19 testing for fully vaccinated travelers from no more
than 3 days prior to travel to no more than 1 day. As a result,
international air travelers to the United States from all countries,
regardless of citizenship or vaccination status, must take a COVID-19
test within 1 day of departure and show a negative test result before
they board a flight to the United States. That requirement has
strengthened the already stringent international travel protocols that
my Administration has imposed, including requirements for noncitizens to
be fully vaccinated, subject to limited exceptions, and for travelers to
wear face masks on commercial conveyances and at United States
transportation hubs.
[[Page 364]]
In light of these changed circumstances, and based on the recommendation
of the CDC, I have determined that it is in the interests of the United
States to revoke Proclamation 10315. The travel restrictions imposed by
that proclamation are no longer necessary to protect the public health.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States,
by the authority vested in me by the Constitution and the laws of the
United States of America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby
find that, except as provided in Proclamation 10294 of October 25, 2021
(Advancing the Safe Resumption of Global Travel During the COVID-19
Pandemic), or any other applicable proclamation, the unrestricted entry
into the United States of persons described in section 1 of Proclamation
10315 is no longer detrimental to the interests of the United States. I
therefore hereby proclaim the following:
Section 1. Revocation. Proclamation 10315 is revoked.
Sec. 2. Review of Agency Actions. The Secretary of State, the Secretary
of Transportation, and the Secretary of Homeland Security shall review
any regulations, orders, guidance documents, policies, and any other
similar agency actions developed pursuant to Proclamation 10315 and, as
appropriate, shall consider revising or revoking these agency actions
consistent with the policy set forth in this proclamation.
Sec. 3. Effective Date. This proclamation is effective at 12:01 a.m.
eastern standard time on December 31, 2021.
Sec. 4. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
[[Page 365]]
Proclamation 10330 of December 29, 2021
Death of Harry Reid
By the President of the United States of America
A Proclamation
From humble roots in Searchlight, Nevada, Harry Reid rose to become one
of the great Senate Majority Leaders in American history. He was a man
of action, and a man of his word--guided by faith, loyalty, and
unshakeable resolve.
Throughout his long career of public service, Harry Reid was
instrumental in passing landmark legislation that made a positive
difference in the lives of countless Americans and made our Nation
stronger and safer. His devoted service to our Nation was not about
power for power's sake. It was about the power to do right by the
American people.
As a mark of respect for his memory, I hereby order, by the authority
vested in me by the Constitution and the laws of the United States of
America, that on the day of his interment, the flag of the United States
shall be flown at half-staff at the White House and upon all public
buildings and grounds, at all military posts and naval stations, and on
all naval vessels of the Federal Government in the District of Columbia
and throughout the United States and its Territories and possessions
until sunset on such day. I also direct that the flag shall be flown at
half-staff for the same period at all United States embassies,
legations, consular offices, and other facilities abroad, including all
military facilities and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10331 of December 30, 2021
National Human Trafficking Prevention Month, 2022
By the President of the United States of America
A Proclamation
Human trafficking--whether in the form of forced labor, sex trafficking,
or other offenses--is an abhorrent abuse of power and a profoundly
immoral crime that strikes at the safety, health, and dignity of
millions of people worldwide. During National Human Trafficking
Prevention Month, we reaffirm our commitment to protect and empower
survivors of all forms of human trafficking, to prosecute traffickers,
and to bring an end to human trafficking in the United States and around
the world.
My Administration is committed to stopping human trafficking wherever it
occurs. This month, we released the updated National Action Plan to
Combat Human Trafficking--a whole-of-government approach to combating
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human trafficking in the United States and abroad. The plan links anti-
trafficking initiatives to our wider efforts to counter illicit
financing; advance gender and racial equity; expand the rights and
dignity of working people; and promote safe, orderly, and humane
migration.
My Administration is also dedicated to ensuring that our justice system
holds accountable any individuals or entities engaged in this horrendous
crime--and that our domestic and global economic systems offer no safe
harbor to forced labor or other abuses. In addition to helping survivors
on their road to recovery, we must also learn from their expertise in
order to better detect trafficking crimes that are often hidden in plain
sight, bring perpetrators to justice, and improve our prevention
efforts. Since human trafficking disproportionately impacts racial and
ethnic minorities, women and girls, LGBTQI+ individuals, vulnerable
migrants, and other historically marginalized and underserved
communities, our mission to combat human trafficking must always be
connected to our broader efforts to advance equity and justice across
our society.
During National Human Trafficking Prevention Month, let us resolve to
counter injustice and fortify our commitment to pursue dignity and
freedom for all people. The National Human Trafficking Hotline (1-888-
373-7888) is an important resource to report a tip or ask for help.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim January 2022 as
National Human Trafficking Prevention Month. I call upon businesses,
civil society organizations, communities of faith, families, and all
Americans to recognize the vital role we play in combating human
trafficking, and to observe this month with appropriate programs and
activities aimed at preventing all forms of human trafficking.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10332 of December 30, 2021
National Mentoring Month, 2022
By the President of the United States of America
A Proclamation
I often say that America can be defined in one word--possibilities. No
matter our background or circumstance, every child in America has the
right to go as far as their dreams will take them. But those dreams are
rarely reached alone. We all benefit from the support, wisdom, and
nurturing of mentors who navigated the path before us.
By standing on the shoulders of mentors, young people have led America
forward at each inflection point in our history. I will never forget the
many
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mentors who encouraged and empowered me as a student, as a local elected
official in my twenties, and as a young United States Senator finding my
way. During National Mentoring Month, we honor all those parents and
family members, teachers and coaches, employers and co-workers,
community and faith leaders, and so many others who devote time, care,
and energy to helping our young people thrive.
As we continue to build back from the pandemic, my Administration is
making unprecedented investments to set the next generation up for
success. Earlier this year, the Department of Labor awarded $89 million
through its YouthBuild program and over $20 million through its
Workforce Pathways for Youth programs to dedicated mentors who share
their wisdom and experience and provide employment and counseling
services to young people. We also proudly support initiatives across our
executive departments and agencies that provide tutoring, community
service opportunities, school-based and after-school programs, summer
learning and enrichment, and work-based learning opportunities.
As advocate and activist Marian Wright Edelman said, ``It is the
responsibility of every adult--especially parents, educators, and
religious leaders--to make sure that children hear what we have learned
from the lessons of life and to hear over and over that we love them and
that they are not alone.'' Mentorship is vital to fulfilling this
responsibility, expanding opportunity, and helping our children fulfill
their God-given potential.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim January 2022 as
National Mentoring Month. I call upon Americans across the country to
observe this month with mentoring, appropriate ceremonies, activities,
and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
Proclamation 10333 of December 30, 2021
National Stalking Awareness Month, 2022
By the President of the United States of America
A Proclamation
All people deserve to feel safe and protected--whether in their home, at
work or school, online, or in any other public or private spaces. During
National Stalking Awareness Month, we support all those who are
threatened and harmed by the pervasive crime of stalking, recognize
those who raise awareness and advocate for survivors, and recommit to
eradicating stalking nationwide.
Stalkers employ multiple tactics to instill fear, intimidate, surveil,
and exert control over the people they target. Studies show that 1 in 6
women
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and 1 in 17 men have been subjected to stalking in their lifetime, the
majority of whom were threatened by someone they know--often a current
or former intimate partner. Survivors often suffer physical,
psychological, and social harms, such as higher than average rates of
depression, anxiety, and insomnia. Stalking also can take a serious
economic toll, as those who are stalked may have to uproot their lives
at their own expense to evade their stalkers, or take unpaid time off
from work in order to protect themselves and their families.
In recent years, the most prevalent form of stalking crimes has involved
the use of smartphones, computers, and other devices. With schools,
workplaces, and social interactions relying on virtual platforms, the
risk of stalking has grown considerably. As technology continues to
advance, we must ensure that all people--especially women, girls, and
LGBTQI+ individuals who are at greatest risk--can engage in online
spaces freely and safely. We must also seek accountability for
individuals or systems that perpetrate or enable stalking.
Given the disproportionate impact of stalking and other forms of digital
abuse on women and girls, my Administration's National Strategy on
Gender Equity and Equality includes a commitment to launch a task force
to address online harassment and abuse. This task force will be
specifically focused on technology-facilitated, gender-based violence
and will be charged with developing concrete recommendations to improve
prevention, response, and protection efforts domestically and worldwide.
The task force will seek input from survivors, advocates, law
enforcement professionals, civil and human rights groups, technology
platforms, and other experts to ensure that those with expertise and
lived experiences are able to directly inform these recommendations. My
Administration has also committed to developing the first-ever National
Action Plan to End Gender-Based Violence, which will further our efforts
to prevent and respond to stalking and other forms of gender-based
violence.
This effort has been one of the central causes of my career. To address
these abuses of power--stalking, domestic violence, dating violence, and
sexual assault--I wrote and championed the Violence Against Women Act
nearly three decades ago to begin to change our culture and ensure that
survivors of these appalling crimes receive the services and support
they need. Through the years, I have worked to reauthorize the Act
several times--each time expanding its protections. Now, I am calling on
the Congress to once again reauthorize and modernize this landmark
legislation with enhanced provisions to expand the way our country
responds to and prevents stalking and other forms of gender-based
violence.
Stalking operates in the shadows and is fueled by silence and inaction.
As we begin this new year, let us commit to shining a brighter light on
this insidious crime, to broadening our support for those affected, and
to ensuring that all people can live in a world free from violence and
fear.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States
of America, by virtue of the authority vested in me by the Constitution
and the laws of the United States, do hereby proclaim January 2022 as
National Stalking Awareness Month. I call on all Americans to speak out
against stalking and to support the efforts of advocates, courts,
service providers, and law enforcement to help those who are targeted
and send the message to perpetrators that this crime will not go
unpunished.
[[Page 369]]
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
December, in the year of our Lord two thousand twenty-one, and of the
Independence of the United States of America the two hundred and forty-
sixth.
JOSEPH R. BIDEN, JR.
[[Page 371]]
________________________________________________________________________
EXECUTIVE ORDERS
________________________________________________________________________
Executive Order 13971 of January 5, 2021
Addressing the Threat Posed by Applications and Other Software Developed
or Controlled by Chinese Companies
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.), and section 301 of
title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of America, find that
additional steps must be taken to deal with the national emergency with
respect to the information and communications technology and services
supply chain declared in Executive Order 13873 of May 15, 2019 (Securing
the Information and Communications Technology and Services Supply
Chain). Specifically, the pace and pervasiveness of the spread in the
United States of certain connected mobile and desktop applications and
other software developed or controlled by persons in the People's
Republic of China, to include Hong Kong and Macau (China), continue to
threaten the national security, foreign policy, and economy of the
United States. At this time, action must be taken to address the threat
posed by these Chinese connected software applications.
By accessing personal electronic devices such as smartphones, tablets,
and computers, Chinese connected software applications can access and
capture vast swaths of information from users, including sensitive
personally identifiable information and private information. This data
collection threatens to provide the Government of the People's Republic
of China (PRC) and the Chinese Communist Party (CCP) with access to
Americans' personal and proprietary information--which would permit
China to track the locations of Federal employees and contractors, and
build dossiers of personal information.
The continuing activity of the PRC and the CCP to steal or otherwise
obtain United States persons' data makes clear that there is an intent
to use bulk data collection to advance China's economic and national
security agenda. For example, the 2014 cyber intrusions of the Office of
Personnel Management of security clearance records of more than 21
million people were orchestrated by Chinese agents. In 2015, a Chinese
hacking group breached
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the United States health insurance company Anthem, affecting more than
78 million Americans. And the Department of Justice indicted members of
the Chinese military for the 2017 Equifax cyber intrusion that
compromised the personal information of almost half of all Americans.
In light of these risks, many executive departments and agencies
(agencies) have prohibited the use of Chinese connected software
applications and other dangerous software on Federal Government
computers and mobile phones. These prohibitions, however, are not enough
given the nature of the threat from Chinese connected software
applications. In fact, the Government of India has banned the use of
more than 200 Chinese connected software applications throughout the
country; in a statement, India's Ministry of Electronics and Information
Technology asserted that the applications were ``stealing and
surreptitiously transmitting users' data in an unauthorized manner to
servers which have locations outside India.''
The United States has assessed that a number of Chinese connected
software applications automatically capture vast swaths of information
from millions of users in the United States, including sensitive
personally identifiable information and private information, which would
allow the PRC and CCP access to Americans' personal and proprietary
information.
The United States must take aggressive action against those who develop
or control Chinese connected software applications to protect our
national security.
Accordingly, I hereby order:
Section 1. (a) The following actions shall be prohibited beginning 45
days after the date of this order, to the extent permitted under
applicable law: any transaction by any person, or with respect to any
property, subject to the jurisdiction of the United States, with persons
that develop or control the following Chinese connected software
applications, or with their subsidiaries, as those transactions and
persons are identified by the Secretary of Commerce (Secretary) under
subsection (e) of this section: Alipay, CamScanner, QQ Wallet, SHAREit,
Tencent QQ, VMate, WeChat Pay, and WPS Office.
(b) The Secretary is directed to continue to evaluate Chinese
connected software applications that may pose an unacceptable risk to
the national security, foreign policy, or economy of the United States,
and to take appropriate action in accordance with Executive Order 13873.
(c) Not later than 45 days after the date of this order, the
Secretary, in consultation with the Attorney General and the Director of
National Intelligence, shall provide a report to the Assistant to the
President for National Security Affairs with recommendations to prevent
the sale or transfer of United States user data to, or access of such
data by, foreign adversaries, including through the establishment of
regulations and policies to identify, control, and license the export of
such data.
(d) The prohibitions in subsection (a) of this section apply except
to the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted before the date of this order.
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(e) Not earlier than 45 days after the date of this order, the
Secretary shall identify the transactions and persons that develop or
control the Chinese connected software applications subject to
subsection (a) of this section.
Sec. 2. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, causes a violation of, or attempts to violate the prohibition
set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ``connected software application'' means software, a
software program, or group of software programs, designed to be used by
an end user on an end-point computing device and designed to collect,
process, or transmit data via the internet as an integral part of its
functionality.
(b) the term ``entity'' means a government or instrumentality of
such government, partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization, including an
international organization;
(c) the term ``person'' means an individual or entity;
(d) the term ``personally identifiable information'' (PII) is
information that, when used alone or with other relevant data, can
identify an individual. PII may contain direct identifiers (e.g.,
passport information) that can identify a person uniquely, or quasi-
identifiers (e.g., race) that can be combined with other quasi-
identifiers (e.g., date of birth) to successfully recognize an
individual.
(e) 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. (a) The Secretary, in consultation with the Secretary of the
Treasury and the Attorney General, is hereby authorized to take such
actions, including adopting rules and regulations, and to employ all
powers granted to me by IEEPA, as may be necessary to implement this
order. All agencies shall take all appropriate measures within their
authority to implement this order.
(b) The heads of agencies shall provide, in their discretion and to
the extent permitted by law, such resources, information, and assistance
to the Department of Commerce as required to implement this order,
including the assignment of staff to the Department of Commerce to
perform the duties described in this order.
Sec. 5. Severability. If any provision of this order, or the application
of any provision to any person or circumstance, is held to be invalid,
the remainder of this order and the application of its other provisions
to any other persons or circumstances shall not be affected thereby.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof; or
[[Page 374]]
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 5, 2021.
Executive Order 13972 of January 5, 2021
Promoting Small Modular Reactors for National Defense and Space
Exploration
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. Nuclear energy is critical to United States national
security. That is why I have taken a series of actions to promote its
development and facilitate its use. On June 29, 2017, I announced an
initiative to revive and expand the nuclear energy sector and directed a
complete review of United States nuclear energy policy to help find new
ways to revitalize this crucial energy resource. On July 12, 2019, I
signed a Presidential Memorandum entitled ``The Effect of Uranium
Imports on the National Security and Establishment of the United States
Nuclear Fuel Working Group,'' with the goal of examining the current
state of domestic nuclear fuel production and reinvigorating the nuclear
fuel supply chain, consistent with United States national security and
nonproliferation goals. On August 20, 2019, I signed National Security
Presidential Memorandum-20, entitled ``Launch of Spacecraft Containing
Space Nuclear Systems,'' calling for development and use of space
nuclear systems to enable or enhance space exploration and operational
capabilities.
The purpose of this order is to take an important additional step to
revitalize the United States nuclear energy sector, reinvigorate
America's space exploration program, and develop diverse energy options
for national defense needs. Under this action, the United States
Government will coordinate its nuclear activities to apply the benefits
of nuclear energy most effectively toward American technology supremacy,
including the use of small modular reactors for national defense and
space exploration. This work is critical to advancing my
Administration's priorities for the United States to lead in research,
technology, invention, innovation, and advanced technology development;
its mission to promote and protect the United States national security
innovation base; its drive to secure energy dominance; and its
commitment to achieving all of these goals in a manner consistent with
the highest nuclear nonproliferation standards.
[[Page 375]]
The United States was the first nation to invent and develop the
technology to harness nuclear energy. Since the 1950s, the United States
Navy has been operating and advancing transportable nuclear reactors,
resulting in powerfully enhanced marine propulsion for its aircraft
carriers and allowing nuclear-powered submarines to remain submerged for
extended periods of time.
The United States must sustain its ability to meet the energy
requirements for its national defense and space exploration initiatives.
The ability to use small modular reactors will help maintain and advance
United States dominance and strategic leadership across the space and
terrestrial domains.
Sec. 2. Policy. It is the policy of the United States to promote
advanced reactor technologies, including small modular reactors, to
support defense installation energy flexibility and energy security, and
for use in space exploration, guided by the following principles:
(a) A healthy and robust nuclear energy industry is critical to the
national security, energy security, and economic prosperity of the
United States;
(b) The United States should maintain technology supremacy for
nuclear research and development, manufacturing proficiency, and
security and safety; and
(c) The United States Government should bolster national defense and
space exploration capabilities and enable private-sector innovation of
advanced reactor technologies.
Sec. 3. Demonstration of Commercial Reactors to Enhance Energy
Flexibility at a Defense Installation. (a) Micro-reactors have the
potential to enhance energy flexibility and energy security at domestic
military installations in remote locations. Accordingly, the Secretary
of Defense shall, within 180 days of the date of this order, establish
and implement a plan to demonstrate the energy flexibility capability
and cost effectiveness of a Nuclear Regulatory Commission-licensed
micro-reactor at a domestic military installation.
(b) If the demonstration is successful, the Secretary of Defense
shall identify opportunities at domestic military installations where
this capability could enhance or supplement the fulfillment of
installation energy requirements. In identifying these opportunities,
the Secretary of Defense shall take into account considerations that are
unique to national defense needs and requirements that may not be
relevant in the private sector, such as:
(i) the ability to provide resilient, independent energy delivery to
installations in the event that connections to an electrical grid are
compromised;
(ii) the ability to operate for an extended period of time without
refueling;
(iii) system resistance to disruption from an electro-magnetic pulse event;
and
(iv) system cybersecurity requirements.
[[Page 376]]
Sec. 4. Defense Capabilities. (a) The Department of Defense is one of
the largest consumers of energy in the world, using more than 10 million
gallons of fuel per day and 30,000 gigawatt-hours of electricity per
year, nearly all of which is provided through civilian electrical grids.
Fuel demands for a modern United States military have dramatically grown
since World War II and are anticipated to continue to increase in order
to support high-energy-usage military systems. In this context, nuclear
power could significantly enhance national defense power capabilities.
(b) The Secretary of Defense shall, in consultation with the
Secretary of State, the Secretary of Commerce, the Secretary of Energy,
and the Administrator of the National Aeronautics and Space
Administration (NASA Administrator):
(i) determine whether advanced nuclear reactors can be made to benefit
Department of Defense future space power needs;
(ii) pilot a transportable micro-reactor prototype;
(iii) direct an analysis of alternatives for personnel, regulatory, and
technical requirements to inform future decisions with respect to nuclear
power usage; and
(iv) direct an analysis of United States military uses for space nuclear
power and propulsion technologies and an analysis of foreign adversaries'
space power and propulsion programs.
Sec. 5. Space Exploration. (a) Nuclear power sources that use uranium
fuel or plutonium heat sources are essential to deep space exploration
and in areas where solar power is not practical. NASA uses radioisotope
power systems, such as radioisotope thermoelectric generators and
radioisotope heater units, to provide power and heat for deep space
robotic missions. Nuclear power sources in the kilowatt range may be
needed for demonstrating In-situ Resource Utilization (ISRU) and robotic
exploration of permanently shadowed craters on the Moon that contain
frozen water. Nuclear reactors up to 100 kilowatts may be needed to
support human habitats, ISRU, other facilities, and rovers on both the
Moon and Mars. Power sources in the megawatt range would be necessary
for efficient, long-duration deep space propulsion. Affordable,
lightweight nuclear power sources in space would enable new
opportunities for scientific discovery. The sustainable exploration of
the Moon, Mars, and other locations will be enhanced if small modular
reactors can be deployed and operated remotely from Earth.
(b) Within 180 days of the date of this order, the NASA
Administrator, in consultation with heads of other executive departments
and agencies (agencies), as appropriate, shall define requirements for
NASA utilization of nuclear energy systems for human and robotic
exploration missions through 2040 and analyze the costs and benefits of
such requirements. In defining these requirements, the NASA
Administrator shall take into account considerations unique to the
utilization of nuclear energy systems in space, such as:
(i) transportability of a reactor prior to and after deployment;
(ii) thermal management in a reduced- or zero-gravity environment in a
vacuum or near-vacuum;
(iii) fluid transfer within reactor systems in a reduced or zero-gravity
environment;
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(iv) reactor size and mass that can be launched from Earth and assembled in
space;
(v) cooling of nuclear reactors in space;
(vi) electric power requirements;
(vii) space safety rating to enable operations as part of human space
exploration missions;
(viii) period of time for which a reactor can operate without refueling;
and
(ix) conditioning of reactor components for use in the space environment.
Sec. 6. Domestic Fuel Supply. (a) A thriving and secure domestic nuclear
fuel supply chain is critical to the national interests of the United
States. A viable domestic nuclear fuel supply chain not only supports
defense and national security activities, but also enables the success
of the commercial nuclear industry. Many advanced reactor concepts,
however, will require high-assay, low-enriched uranium (HALEU), for
which no domestic commercial enrichment capability currently exists. The
United States must take steps to ensure a viable United States-origin
HALEU supply.
(b) The Secretary of Energy shall complete the Department of
Energy's ongoing 3-year, $115 million demonstration of a United States-
origin enrichment technology capable of producing HALEU for use in
defense-related advanced reactor applications. Within funding available
for the demonstration project, the Secretary of Energy should develop a
plan to promote successful transition of this technology to the private
sector for commercial adoption.
(c) The Secretary of Energy shall consult with the Secretary of
Defense, the Director of the Office of Management and Budget, and the
NASA Administrator regarding how advanced fuels and related technologies
can best support implementation of sections 3, 4, and 5 of this order.
Sec. 7. Common Technology Roadmap. (a) The Secretary of State, the
Secretary of Defense, the Secretary of Commerce, the Secretary of
Energy, and the NASA Administrator shall develop a common technology
roadmap through 2030 that describes potential development programs and
that coordinates, to the extent practicable, terrestrial-based advanced
nuclear reactor and space-based nuclear power and propulsion efforts.
Agencies shall remain responsible for funding their respective mission-
unique requirements. The roadmap shall also include, at a minimum:
(i) assessments of foreign nations' space nuclear power and propulsion
technological capabilities;
(ii) pathways for transitioning technologies developed through Federally
supported programs to private-sector activities; and
(iii) other applications supporting the goals provided in section 1 of this
order.
(b) The roadmap shall be submitted to the President by the Director
of the Office of Management and Budget, the Assistant to the President
for Domestic Policy, the Director of the Office of Science and
Technology Policy, the Assistant to the President for National Security
Affairs, the Assistant to the President for Economic Policy, and the
Executive Secretary of
[[Page 378]]
the National Space Council before submissions of budget proposals by the
Secretary of State, the Secretary of Commerce, the Secretary of Energy,
and the NASA Administrator.
Sec. 8. Definitions. For purposes of this order:
(a) The term ``small modular reactor'' refers to an advanced nuclear
reactor of electric generation capacity less than 300 megawatt-electric.
Because of the smaller size, small modular reactors can generally be
designed for factory fabrication and modular construction to take
advantage of economies of serial production and shorter construction
times.
(b) The term ``micro-reactor'' refers to a nuclear reactor of
electric generation capacity less than 10 megawatt-electric that can be
deployed remotely. Micro-reactors are a subset of small modular reactors
and are also known as ``very small modular reactors.''
(c) The term ``transportable micro-reactor'' refers to a micro-
reactor that can be moved by truck, ship, or large military transport
aircraft and is capable of both rapid deployment and teardown or
removal, typically with safe teardown or removal less than 1 week after
1 year of full-power operation.
(d) The term ``space exploration'' refers to in-space scientific and
resource exploration, in-space economic and industrial development, and
development of associated in-space logistical infrastructure.
(e) The term ``national defense'' refers to the protection of the
United States and its interests from foreign attack or other natural
danger, including phenomena occurring on Earth and in space.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 5, 2021.
Executive Order 13973 of January 8, 2021
Providing an Order of Succession Within the Environmental Protection
Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform
[[Page 379]]
Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the ``Act''), it is
hereby ordered as follows:
Section 1. Order of Succession. Subject to the provisions of section 2
of this order, and to the limitations set forth in the Act, the
following officials of the Environmental Protection Agency, in the order
listed, shall act as and perform the functions and duties of the office
of the Administrator of the Environmental Protection Agency
(Administrator) during any period in which the Administrator and the
Deputy Administrator of the Environmental Protection Agency have died,
resigned, or otherwise become unable to perform the functions and duties
of the office of Administrator:
(a) General Counsel;
(b) Assistant Administrator, Office of Solid Waste (also known as
the Assistant Administrator for the Office of Land and Emergency
Management);
(c) Assistant Administrator for Toxic Substances (also known as the
Assistant Administrator for the Office of Chemical Safety and Pollution
Prevention);
(d) Assistant Administrator for the Office of Air and Radiation;
(e) Assistant Administrator for the Office of Water;
(f) Assistant Administrator for the Office of Enforcement and
Compliance Assurance;
(g) Chief Financial Officer;
(h) Assistant Administrator for the Office of Research and
Development;
(i) Assistant Administrator for the Office of International and
Tribal Affairs;
(j) Assistant Administrator for the Office of Mission Support;
(k) Associate Deputy Administrator for Programs;
(l) Associate Deputy Administrator;
(m) Regional Administrator, Region VIII;
(n) Principal Deputy Assistant Administrator for the Office of
Mission Support;
(o) Deputy Regional Administrator, Region VIII;
(p) Principal Deputy General Counsel; and
(q) Principal Deputy Assistant Administrator for the Office of
Enforcement and Compliance Assurance.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1(a)-(q) of this order in an acting capacity shall, by virtue
of so serving, act as Administrator pursuant to this order.
(b) No individual listed in section 1(a)-(q) of this order shall act
as Administrator unless that individual is otherwise eligible to so
serve under the Act.
(c) Notwithstanding the provisions of this order, the President
retains discretion, to the extent permitted by law, to depart from this
order in designating an acting Administrator.
[[Page 380]]
Sec. 3. Revocation. Executive Order 13763 of January 13, 2017 (Providing
an Order of Succession Within the Environmental Protection Agency), is
hereby revoked.
Sec. 4. General Provision. 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.
DONALD J. TRUMP
THE WHITE HOUSE,
January 8, 2021.
Executive Order 13974 of January 13, 2021
Amending Executive Order 13959--Addressing the Threat From Securities
Investments That Finance Communist Chinese Military Companies
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3,
United States Code,
I, DONALD J. TRUMP, President of the United States of America, in order
to take additional steps with respect to the national emergency declared
in Executive Order 13959 of November 12, 2020 (Addressing the Threat
from Securities Investments that Finance Communist Chinese Military
Companies), to address the threat posed by the People's Republic of
China's military-industrial complex, hereby order as follows:
Section 1. Section 1(b) and (c) of Executive Order 13959 are amended to
read as follows:
``(b) Notwithstanding subsection (a)(i) of this section, any
transaction entered into on or before 11:59 p.m. eastern standard time
on November 11, 2021, solely to divest, in whole or in part, from
securities that any United States person held as of 9:30 a.m. eastern
standard time on January 11, 2021, in a Communist Chinese military
company as defined in section 4(a)(i) of this order, is permitted.
Effective at 11:59 p.m. eastern standard time on November 11, 2021,
possession of any such securities by a United States person is
prohibited.
(c) Notwithstanding subsection (a)(ii) of this section, for a person
determined to be a Communist Chinese military company pursuant to
section 4(a)(ii) or (iii) of this order, any transaction entered into on
or before 365 days from the date of such determination, solely to
divest, in whole or in part, from securities that any United States
person held in such person, as of the date 60 days from the date of such
determination, is permitted. Effective at 11:59 p.m. eastern standard
time on the date 365 days after the date of such determination,
possession of any such securities by a United States person is
prohibited.''
Sec. 2. Subsections (a)(ii) and (iii) of section 4 of Executive Order
13959 are amended to read as follows:
[[Page 381]]
``(ii) any person that the Secretary of Defense, in consultation with the
Secretary of the Treasury, publicly lists as a Communist Chinese military
company meeting the criteria in section 1237(b)(4)(B) of Public Law 105-
261, as amended by section 1233 of Public Law 106-398 and section 1222 of
Public Law 108-375, and that operates directly or indirectly in the United
States or any of its possessions, until such time as the Secretary of
Defense removes such person from such list. This definition shall apply
regardless of whether the Secretary of Defense must provide the report
described in section 1237(b)(2) of Public Law 105-261, as amended by
section 1233 of Public Law 106-398 and section 1222 of Public Law 108-375;
or
(iii) any person that the Secretary of the Treasury publicly lists as
meeting the criteria described in section (a)(ii) of this section, or
publicly lists as a subsidiary of a person already determined to be a
Communist Chinese military company, until the Secretary of the Treasury
determines that such person no longer meets that criteria and removes such
person from such list.''
Sec. 3. Section 4(e) of Executive Order 13959 is amended to read as
follows:
``(e) the term ``transaction'' means the purchase for value, or
sale, of any publicly traded security; and''.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 13, 2021.
Executive Order 13975 of January 14, 2021
Encouraging Buy American Policies for the United States Postal Service
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. As expressed in Executive Order 13788 of April 18,
2017 (Buy American and Hire American), Executive Order 13858 of January
31, 2019 (Strengthening Buy-American Preferences for Infrastructure
Projects),
[[Page 382]]
and Executive Order 13881 of July 15, 2019 (Maximizing Use of American-
Made Goods, Products, and Materials), it is the policy of the United
States to buy American and to maximize, consistent with law, the use of
goods, products, and materials produced in the United States.
Sec. 2. Definitions. As used in this order:
(a) ``Buy American'' means all policies that require, or provide a
preference for, the purchase or acquisition of goods, products, or
materials produced in the United States, including iron, steel, and
manufactured goods; and
(b) ``Buy American Laws'' means all statutes, regulations, rules,
and Executive Orders relating to Federal procurement or Federal grants--
including those that refer to ``Buy America'' or ``Buy American''--that
require, or provide a preference for, the purchase or acquisition of
goods, products, or materials produced in the United States, including
iron, steel, and manufactured goods.
Sec. 3. Purpose. (a) In certain competitive procurements, the United
States Postal Service (USPS) currently applies its own Buy American
domestic procurement preferences similar to Buy American Laws
implemented across executive departments and agencies. Under such
circumstances, and as expressed in section 2-36 of the USPS Supplying
Principles and Practices (SPP), USPS procurement policies state that:
(i) When the relative importance of price is more important than the other
evaluation factors, 6 percent is added to the proposed price of the non-
qualifying end product and this adjusted price is used for evaluation; and
(ii) An end product qualifies as manufactured in the United States if the
cost of its components mined, produced, or manufactured in the United
States exceeds 50 percent of the cost of all its components, similar to
domestic content requirements under the Buy American Laws.
(b) Executive Order 13881 required the Federal Acquisition
Regulatory Council (FAR Council) to consider proposing new rules in the
Federal Acquisition Regulation (FAR), title 48, Code of Federal
Regulations, to strengthen Buy American preferential price differentials
and domestic content requirements. To ensure consistency across the
Federal Government as a whole and to further promote my Administration's
Buy American policy goals, USPS is strongly encouraged to consider
similar changes to its Buy American domestic procurement preferences.
Sec. 4. Encouraged Rules. Within 90 days of the date of the FAR
Council's issuance of any final rule discussed in section 2 of Executive
Order 13881, the United States Postmaster General is encouraged to
consider:
(a) An amendment or amendments to the applicable sections of the SPP
to conform with the FAR provisions regarding price differentials when
the relative importance of price is more important than the other
evaluation factors; and
(b) An amendment or amendments to the applicable sections of the SPP
to conform with the FAR provisions regarding when materials shall be
considered to be of foreign origin.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
[[Page 383]]
(i) the authority granted by law to an executive department or agency, or
the head thereof;
(ii) the authority granted by law to the USPS, its officers, or its Board
of Governors; or
(iii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 14, 2021.
Executive Order 13976 of January 14, 2021
Establishing the Wildland Fire Management Policy Committee
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. Federal wildland fire management lacks a single
focal point of responsibility for policy leadership and accountability
for cost controls. While executive departments and agencies (agencies)
have implemented Executive Order 13855 of December 21, 2018 (Promoting
Active Management of America's Forests, Rangelands, and Other Federal
Lands To Improve Conditions and Reduce Wildfire Risk), and similar
Administration efforts, more must be done to continue to improve
interagency coordination.
In contrast to effective ground-level coordination with States,
including at the National Interagency Fire Center on suppression
activity and the Wildland Fire Leadership Council (WFLC) on Federal-
State policy coordination, agencies do not adequately or effectively
coordinate with each other at the policy level to reduce hazardous fuels
and wildfire severity. This order will ensure that agencies effectively
work together in coordinating Federal wildland fire management policy to
improve funding allocations for hazardous fuel projects, performance
measures for suppression operations and hazardous fuels mitigation,
procurement, Federal-State cooperation and cost sharing, cross-
jurisdictional post-wildfire rehabilitation, monitoring of electric
transmission lines and other critical infrastructure, and other
functions.
Sec. 2. Policy. It is the policy of the United States to:
(a) Improve coordination among agencies on wildland fire management
policy, implementation, and oversight issues;
[[Page 384]]
(b) Reduce unnecessary duplication across the Federal Government by
coordinating and consolidating existing wildland fire-related councils,
working groups, and other formal cross-agency initiatives, as
appropriate;
(c) Efficiently and effectively manage preparedness resources,
initial attack response, extended attack and large-fire support, post-
wildfire rehabilitation, and hazardous fuels at a cross-boundary,
landscape scale;
(d) Promote integrated planning and procurement among agencies for
Federal investments in wildland fire management infrastructure;
(e) Support workforce development and efforts to recruit, train, and
retain Federal wildland firefighters to efficiently and effectively
respond to wildfire on public lands, and to protect life, property, and
community infrastructure; and
(f) Coordinate Federal engagement with State, local, and tribal
government entities, including Federal policy positions in the WFLC.
Sec. 3. Interagency Wildland Fire Subcabinet. To promote efficient and
effective coordination across agencies engaged in Federal wildland
firefighting and to facilitate coordinated and strategic wildland fire
management actions, an interagency Wildland Fire Management Policy
Committee (to be known as the Wildland Fire Subcabinet) is hereby
established.
(a) The Wildland Fire Subcabinet shall be co-chaired by the
Secretary of Agriculture and Secretary of the Interior (Co-Chairs), and
shall include the Secretary of Defense, the Secretary of Energy, the
Secretary of Homeland Security, the Chairman of the Council on
Environmental Quality (CEQ), the Director of the Office of Science and
Technology Policy (OSTP), the Administrator of the Environmental
Protection Agency (EPA), the Director of the National Economic Council
(NEC), and the heads of such other agencies, or their designated
representatives, as the Co-Chairs deem appropriate.
(b) The Wildland Fire Subcabinet shall meet quarterly.
Sec. 4. Reducing Inefficiencies and Duplication. Currently, several
Federal wildfire-related councils, task forces, working groups, and
other formal cross-agency initiatives (Federal interagency working
groups) exist to address wildland fire management policy. Within 90 days
of the date of this order, the Wildland Fire Subcabinet shall, to the
extent practicable, identify all such Federal interagency working groups
and provide recommendations to the Secretary of the Interior, the
Secretary of Agriculture, and the Director of the Office of Management
and Budget (OMB) on coordinating and consolidating these Federal
interagency working groups, as appropriate and consistent with
applicable law.
Sec. 5. Improving Wildland Fire Management Policy Coordination,
Implementation, and Oversight. Within 180 days of the date of this
order, the Wildland Fire Subcabinet shall develop, publish, and
implement a strategic plan addressing the issues described in this
section. To implement this strategic plan, the Wildland Fire Subcabinet
shall develop specific measurable goals, performance targets, and
dashboard reporting for consideration by each Federal agency represented
on the Wildland Fire Subcabinet, using common data standards at the
wildfire and hazardous fuels program level. This strategic plan shall
address the issues described below:
(a) Effectively managing preparedness resources, initial attack
response, extended attack and large-fire support, post-wildfire
rehabilitation, and hazardous fuels at a cross-boundary, landscape
scale;
[[Page 385]]
(b) Developing and adopting additional hazardous fuels performance
measures that go beyond the traditional output reporting of total
acreage for fuel removal to transparently demonstrate a strategic focus
on projects that, by consensus agreement, pose the highest risks to
life, property, and community infrastructure;
(c) Developing and adopting additional wildland fire suppression
operations performance measures for large wildfires, and for aviation
asset deployment, that go beyond the traditional output reporting of
acres burned, dollars spent, and gallons of retardant dropped to
demonstrate strategic use of high-cost human capital, equipment, and
aircraft as opposed to traditional reliance on overwhelming force;
(d) Developing and adopting new technologies to bring to bear
cutting-edge management of the wildland fire program to improve the
safety, efficiency, and effectiveness of suppression operations;
(e) Developing and adopting data-driven decision-making in order to
support infrastructure, allowing for better integration of wildland fire
research and development into ground-level suppression operations and
hazardous fuel mitigation;
(f) Evaluating personnel policies to ensure that they allow for the
year-round availability of a well-trained firefighting force at all
levels, from apprentice to incident command, and the most efficient
division of responsibility between line officers and incident commanders
to support wildfire response and hazardous fuels reduction;
(g) Strengthening government and industry collaboration with
critical infrastructure owners and operators, including electric
utilities, to better manage and mitigate risks, improve and invest in
technology research and development, deploy technologies in concert with
the private sector, exchange lessons learned in training and monitoring
capabilities, and share operational practices;
(h) Examining regulatory and other issues that negatively impact
hazardous fuel reduction and post-wildfire rehabilitation program
performance, including coordination across agencies on projects
requiring compliance with the National Environmental Policy Act, 42
U.S.C. 4321 et seq.;
(i) Coordinating among Federal land managers to assure efficient and
consistent approaches between agencies to review and approve utility
vegetation management actions to improve or maintain the reliability of
the grid or reduce wildfire risk; and
(j) Developing a coordinated budget strategy that addresses the
trade-offs between suppression, preparedness, post-wildfire
rehabilitation, and fuels treatment to ensure a balanced commitment of
resources and investment in areas at risk or affected by wildfire.
Sec. 6. Report. Within 1 year of the date of this order, and annually
thereafter, the Wildland Fire Subcabinet shall update the Chairman of
CEQ, the Director of OMB, the Director of OSTP, and the Director of the
NEC on the status of the strategic plan and the specific actions
identified in this order.
Sec. 7. Administration. The Department of Agriculture shall, to the
extent permitted by law and subject to the availability of
appropriations, provide administrative support as needed for the
Wildland Fire Subcabinet to implement this order. The Departments of the
Interior and Agriculture shall
[[Page 386]]
consult with WFLC, as appropriate, to effectively carry out the
requirements of this order.
Sec. 8. Federal Advisory Committee Act. The members of the Wildland Fire
Subcabinet should, pursuant to and consistent with the Federal Advisory
Committee Act, as amended (5 U.S.C. App.), and in the interest of
obtaining advice or recommendations for the Wildland Fire Subcabinet,
use their advisory committees, as appropriate.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 14, 2021.
Executive Order 13977 of January 18, 2021
Protecting Law Enforcement Officers, Judges, Prosecutors, and Their
Families
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. Under the Constitution and Federal law, our
Government vests in judges, prosecutors, and law enforcement officers
the power to make decisions of enormous consequence. Because of the
importance of their work, these public servants face unique risks to
their safety and the safety of their families. Some who face or have
received an adverse judicial decision have sought to intimidate or
punish judges and prosecutors with threats of harm. Moreover, judges,
prosecutors, and law enforcement officers are symbols within our
communities of law and order and may be targeted for that reason alone.
And at times, family members of public servants have become victims.
Last year, a former litigant before a Federal judge in New Jersey
tragically murdered the judge's 20-year-old son and critically wounded
her husband. Judges, prosecutors, and law enforcement officers'
resiliency in the face of the danger they regularly face is an
inspiration for all of us in public service.
Judges, prosecutors, and law enforcement officers should not have to
choose between public service and subjecting themselves and their
families to danger. My Administration has no higher priorities than
preserving the
[[Page 387]]
rule of law in our country and protecting the men and women who serve
under its flag. Accordingly, I am ordering enhanced protections for
judges, prosecutors, and law enforcement officers. Federal law already
allows Federal and State law enforcement officers to protect themselves
by carrying a concealed firearm, but the Federal Government can do more
to cut the red tape that Federal law enforcement officers must navigate
to exercise their right. The current threat to Federal prosecutors also
demands an expansion of their ability to carry a concealed firearm, as
allowed under the Department of Justice's existing authorities. Finally,
the Congress should act expeditiously to adopt legislation extending the
right to carry a concealed firearm to Federal judges and pass other
measures that will expand our capacity to combat threats of violence
against judges, prosecutors, and law enforcement officers.
Sec. 2. Removing Obstacles to Federal Law Enforcement Officers
Qualifying For Concealed Carry Under the Law Enforcement Officers Safety
Act of 2004. (a) It shall be the policy of the United States to remove
any undue obstacle preventing current or retired Federal law enforcement
officers from carrying a concealed firearm as allowed under the Law
Enforcement Officers Safety Act of 2004, as amended (18 U.S.C. 926B,
926C) (LEOSA).
(b) The heads of all executive departments and agencies (agencies)
that employ or have employed qualified law enforcement officers or
qualified retired law enforcement officers, as those terms are defined
in the LEOSA, shall act expeditiously to implement the policy set by
subsection (a) of this section.
(c) The heads of all agencies that employ or have employed qualified
law enforcement officers or qualified retired law enforcement officers,
as those terms are defined in the LEOSA, shall submit a report to the
President, through the Assistant to the President for Domestic Policy,
within 30 days of the date of this order, reporting on the
implementation of this order and analyzing qualified persons' ability to
carry a concealed firearm under the LEOSA.
(d) The report required by subsection (c) of this section shall:
(i) identify any obstacles that the agency's qualified law enforcement
officers or qualified retired law enforcement officers presently face in
carrying a concealed firearm under the LEOSA;
(ii) identify any categories of the agency's qualified law enforcement
officers or qualified retired law enforcement officers who are presently
unable to carry a concealed firearm under the LEOSA;
(iii) identify the steps the agency has taken to implement the policy set
by subsection (a) of this section; and
(iv) identify the steps the agency plans to take in the future to implement
the policy set by subsection (a) and explain why it was not possible to
take these steps before the report was submitted.
Sec. 3. Authorizing Concealed Carry By Federal Prosecutors. (a) Within
30 days of the date of this order, the Attorney General shall propose a
regulation revising section 0.112 of title 28, Code of Federal
Regulations, to provide that the special deputation as a Deputy United
States Marshal shall be granted upon request to any Federal prosecutor
when the Federal prosecutor or his or her family members face risk of
harm as a result of the Federal prosecutor's government service and as
appropriate.
[[Page 388]]
(b) The regulation proposed pursuant to this section shall:
(i) include with the special deputation the power to possess and carry
firearms but not include law enforcement powers such as the power to make
arrests for violations of Federal law and the court-related duties of
United States Marshals; and
(ii) require appropriate training in firearm safety and use as a condition
to any special deputation.
(c) Within 30 days of the date of this order, the Attorney General
shall revise other Department policies to permit special deputation
consistent with subsections (a) and (b) of this section to the extent
consistent with applicable law.
Sec. 4. Expanding the Federal Government's Protection of Judges,
Prosecutors, and Law Enforcement Officers. (a) The Attorney General
shall direct the Director of the Marshals Service to prioritize the
protection of Federal judges and Federal prosecutors.
(b) The Attorney General shall prioritize the investigation and
prosecution of Federal crimes involving actual or threatened violence
against judges, prosecutors, or law enforcement officers or their family
members, if the family member was targeted because of that person's
relation to a judge, prosecutor, or law enforcement officer.
(c) The Attorney General and Secretary of Homeland Security shall
coordinate a review within the executive branch to assess the
feasibility, as appropriate and consistent with applicable law, of
facilitating the removal of, or minimizing the availability of,
personally identifiable information appearing in public sources of
judges, prosecutors, and law enforcement officers employed by the
Federal Government, and shall use the results of this review to inform
such persons of related security vulnerabilities.
(d) Within 30 days of the date of this order, the Attorney General
shall assess the need to revise subsection 0.111(e) of title 28, Code of
Federal Regulations, to protect Federal prosecutors. If any revision is
needed, the Attorney General shall take immediate steps to issue a
proposed rule that would amend section 0.111(e) accordingly.
(e) The heads of all agencies shall examine the extent to which they
collect personally identifiable information from judges, prosecutors, or
law enforcement officers, and as appropriate and consistent with
applicable law, allow such persons to provide a Post Office box address
in lieu of home address information.
Sec. 5. Proposing Legislation to Enhance the Protection of Judges,
Prosecutors, and Law Enforcement Officers. (a) Within 30 days of the
date of this order, the Attorney General shall develop and propose
Federal legislation providing additional protection for judges,
prosecutors, and law enforcement officers.
(b) The proposed legislation described in subsection (a) of this
section shall:
(i) authorize current and former Federal judges and current and former
Federal prosecutors to possess or carry firearms when they or their family
members face risk of harm as a result of their Federal government service,
irrespective of Federal, State, and local laws which may restrict the
possession or carrying of firearms;
[[Page 389]]
(ii) promote the removal and minimization of personally identifiable
information from public websites and records of current and former judges,
prosecutors, and law enforcement officers, as appropriate and as allowed
under the Constitution;
(iii) expand the ability of judges, prosecutors, and law enforcement
officers to use Post Office box addresses in lieu of home address
information;
(iv) authorize additional appropriations and authority for the Department
of Homeland Security, Marshals Service, and Federal Bureau of
Investigation, including appropriations to hire and train additional
personnel and authority for agencies to respond to both civil unrest and
threats to Federal courthouses;
(v) increase penalties for threatened and actual violence against Federal
judges, prosecutors, and law enforcement officers and their families,
including providing that violence against a Federal judge, prosecutor, or
law enforcement officer's family member shall be punished as though the act
was committed against the Federal judge, prosecutor, or law enforcement
officer if the family member was targeted because of that person's relation
to a Federal judge, prosecutor, or law enforcement officer;
(vi) prevent State and local governments from obstructing the ability of
qualified law enforcement officers and qualified retired law enforcement
officers, as those terms are defined by the LEOSA, from carrying a
concealed firearm pursuant to the LEOSA, including by refusing to issue
identification documents; and
(vii) propose other amendments to strengthen the LEOSA, if appropriate.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 18, 2021.
Executive Order 13978 of January 18, 2021
Building the National Garden of American Heroes
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:
[[Page 390]]
Section 1. Background. In Executive Order 13934 of July 3, 2020
(Building and Rebuilding Monuments to American Heroes), I made it the
policy of the United States to establish a statuary park named the
National Garden of American Heroes (National Garden). To begin the
process of building this new monument to our country's greatness, I
established the Interagency Task Force for Building and Rebuilding
Monuments to American Heroes (Task Force) and directed its members to
plan for construction of the National Garden. The Task Force has advised
me it has completed the first phase of its work and is prepared to move
forward. This order revises Executive Order 13934 and provides
additional direction for the Task Force.
Sec. 2. Purpose. The chronicles of our history show that America is a
land of heroes. As I announced during my address at Mount Rushmore, the
gates of a beautiful new garden will soon open to the public where the
legends of America's past will be remembered.
The National Garden will be built to reflect the awesome splendor of our
country's timeless exceptionalism. It will be a place where citizens,
young and old, can renew their vision of greatness and take up the
challenge that I gave every American in my first address to Congress, to
``[b]elieve in yourselves, believe in your future, and believe, once
more, in America.''
Across this Nation, belief in the greatness and goodness of America has
come under attack in recent months and years by a dangerous anti-
American extremism that seeks to dismantle our country's history,
institutions, and very identity. The heroes of 1776 have been
desecrated, with statues of George Washington, Thomas Jefferson, and
Benjamin Franklin vandalized and toppled. The dead who gave their lives
to end slavery and save the Union during the Civil War have been
dishonored, with monuments to Abraham Lincoln, Hans Christian Heg, and
the courageous 54th Regiment left damaged and disfigured. The brave
warriors who saved freedom from Nazi fascism have been disgraced with a
memorial to World War II veterans defaced with the hammer and sickle of
Soviet communism.
The National Garden is America's answer to this reckless attempt to
erase our heroes, values, and entire way of life. On its grounds, the
devastation and discord of the moment will be overcome with abiding love
of country and lasting patriotism. This is the American way. When the
forces of anti-Americanism have sought to burn, tear down, and destroy,
patriots have built, rebuilt, and lifted up. That is our history.
America responded to the razing of the White House by building it back
in the same place with unbroken resolve, to the murders of Abraham
Lincoln and Martin Luther King, Jr., with a national temple and the
Stone of Hope, and to the terrorism of 9/11 with a new Freedom Tower. In
keeping with this tradition, America is responding to the tragic
toppling of monuments to our founding generation and the giants of our
past by commencing a new national project for their restoration,
veneration, and celebration.
The National Garden will draw together and fix in the soil of a single
place what Abraham Lincoln called ``[t]he mystic chords of memory,
stretching from every battlefield, and patriot grave, to every living
heart.'' In the peace and harmony of this vast outdoor park, visitors
will come and learn the amazing stories of some of the greatest
Americans who have ever lived. The National Garden will feature a roll
call of heroes who deserve honor, recognition, and lasting tribute
because of the battles they won, the ideas they
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championed, the diseases they cured, the lives they saved, the heights
they achieved, and the hope they passed down to all of us--that united
as one American people trusting in God, there is no challenge that
cannot be overcome and no dream that is beyond our reach.
In short, each individual has been chosen for embodying the American
spirit of daring and defiance, excellence and adventure, courage and
confidence, loyalty and love. Astounding the world by the sheer power of
their example, each one of them has contributed indispensably to
America's noble history, the best chapters of which are still to come.
Sec. 3. Honoring Additional American Heroes. (a) Section 3(c) of
Executive Order 13934 is amended by striking the words ``In addition to
the requirements of subsection 3(b) of this order, the proposed options
for the'' and inserting in their place the word ``The''.
(b) Section 3(c)(i) of Executive Order 13934 is amended to read as
follows: ``The National Garden should be composed of statues, including
statues of Ansel Adams, John Adams, Samuel Adams, Muhammad Ali, Luis
Walter Alvarez, Susan B. Anthony, Hannah Arendt, Louis Armstrong, Neil
Armstrong, Crispus Attucks, John James Audubon, Lauren Bacall, Clara
Barton, Todd Beamer, Alexander Graham Bell, Roy Benavidez, Ingrid
Bergman, Irving Berlin, Humphrey Bogart, Daniel Boone, Norman Borlaug,
William Bradford, Herb Brooks, Kobe Bryant, William F. Buckley, Jr.,
Sitting Bull, Frank Capra, Andrew Carnegie, Charles Carroll, John
Carroll, George Washington Carver, Johnny Cash, Joshua Chamberlain,
Whittaker Chambers, Johnny ``Appleseed'' Chapman, Ray Charles, Julia
Child, Gordon Chung-Hoon, William Clark, Henry Clay, Samuel Clemens
(Mark Twain), Roberto Clemente, Grover Cleveland, Red Cloud, William F.
``Buffalo Bill'' Cody, Nat King Cole, Samuel Colt, Christopher Columbus,
Calvin Coolidge, James Fenimore Cooper, Davy Crockett, Benjamin O.
Davis, Jr., Miles Davis, Dorothy Day, Joseph H. De Castro, Emily
Dickinson, Walt Disney, William ``Wild Bill'' Donovan, Jimmy Doolittle,
Desmond Doss, Frederick Douglass, Herbert Henry Dow, Katharine Drexel,
Peter Drucker, Amelia Earhart, Thomas Edison, Jonathan Edwards, Albert
Einstein, Dwight D. Eisenhower, Duke Ellington, Ralph Waldo Emerson,
Medgar Evers, David Farragut, the Marquis de La Fayette, Mary Fields,
Henry Ford, George Fox, Aretha Franklin, Benjamin Franklin, Milton
Friedman, Robert Frost, Gabby Gabreski, Bernardo de G[aacute]lvez, Lou
Gehrig, Theodor Seuss Geisel, Cass Gilbert, Ruth Bader Ginsburg, John
Glenn, Barry Goldwater, Samuel Gompers, Alexander Goode, Carl Gorman,
Billy Graham, Ulysses S. Grant, Nellie Gray, Nathanael Greene, Woody
Guthrie, Nathan Hale, William Frederick ``Bull'' Halsey, Jr., Alexander
Hamilton, Ira Hayes, Hans Christian Heg, Ernest Hemingway, Patrick
Henry, Charlton Heston, Alfred Hitchcock, Billie Holiday, Bob Hope,
Johns Hopkins, Grace Hopper, Sam Houston, Whitney Houston, Julia Ward
Howe, Edwin Hubble, Daniel Inouye, Andrew Jackson, Robert H. Jackson,
Mary Jackson, John Jay, Thomas Jefferson, Steve Jobs, Katherine Johnson,
Barbara Jordan, Chief Joseph, Elia Kazan, Helen Keller, John F. Kennedy,
Francis Scott Key, Coretta Scott King, Martin Luther King, Jr., Russell
Kirk, Jeane Kirkpatrick, Henry Knox, Tadeusz Ko[sacute]ciuszko, Harper
Lee, Pierre Charles L'Enfant, Meriwether Lewis, Abraham Lincoln, Vince
Lombardi, Henry Wadsworth Longfellow, Clare Boothe Luce, Douglas
MacArthur, Dolley Madison, James Madison, George Marshall, Thurgood
Marshall, William Mayo, Christa McAuliffe, William McKinley, Louise
McManus, Herman Melville, Thomas Merton, George P. Mitchell, Maria
[[Page 392]]
Mitchell, William ``Billy'' Mitchell, Samuel Morse, Lucretia Mott, John
Muir, Audie Murphy, Edward Murrow, John Neumann, Annie Oakley, Jesse
Owens, Rosa Parks, George S. Patton, Jr., Charles Willson Peale, William
Penn, Oliver Hazard Perry, John J. Pershing, Edgar Allan Poe, Clark
Poling, John Russell Pope, Elvis Presley, Jeannette Rankin, Ronald
Reagan, Walter Reed, William Rehnquist, Paul Revere, Henry Hobson
Richardson, Hyman Rickover, Sally Ride, Matthew Ridgway, Jackie
Robinson, Norman Rockwell, Caesar Rodney, Eleanor Roosevelt, Franklin D.
Roosevelt, Theodore Roosevelt, Betsy Ross, Babe Ruth, Sacagawea, Jonas
Salk, John Singer Sargent, Antonin Scalia, Norman Schwarzkopf,
Jun[iacute]pero Serra, Elizabeth Ann Seton, Robert Gould Shaw, Fulton
Sheen, Alan Shepard, Frank Sinatra, Margaret Chase Smith, Bessie Smith,
Elizabeth Cady Stanton, Jimmy Stewart, Harriet Beecher Stowe, Gilbert
Stuart, Anne Sullivan, William Howard Taft, Maria Tallchief, Maxwell
Taylor, Tecumseh, Kateri Tekakwitha, Shirley Temple, Nikola Tesla,
Jefferson Thomas, Henry David Thoreau, Jim Thorpe, Augustus Tolton, Alex
Trebek, Harry S. Truman, Sojourner Truth, Harriet Tubman, Dorothy
Vaughan, C. T. Vivian, John von Neumann, Thomas Ustick Walter, Sam
Walton, Booker T. Washington, George Washington, John Washington, John
Wayne, Ida B. Wells-Barnett, Phillis Wheatley, Walt Whitman, Laura
Ingalls Wilder, Roger Williams, John Winthrop, Frank Lloyd Wright,
Orville Wright, Wilbur Wright, Alvin C. York, Cy Young, and Lorenzo de
Zavala.''
Sec. 4. Additional Amendments to Executive Order 13934. (a) Section 3(b)
of Executive Order 13934 is amended to read as follows: ``The Secretary,
in consultation with the Task Force, shall identify a site suitable for
the establishment of the National Garden. The Secretary shall proceed
with construction of the National Garden at that site, to the extent
consistent with the Secretary's existing authorities or authority later
provided by the Congress.''
(b) Section 7 of Executive Order 13934 is amended to read as
follows: ``Definition. The term ``historically significant American''
means an individual who made substantive contributions to America's
public life or otherwise had a substantive effect on America's
history.''
Sec. 5. Funding. (a) The Secretary of the Interior shall provide
funding, as appropriate and consistent with available appropriations and
applicable law, for the establishment and maintenance of the National
Garden.
(b) The Chairperson of the National Endowment for the Arts and the
Chairperson of the National Endowment for the Humanities, in
consultation with the National Council on the Arts and the National
Council on the Humanities, respectively, and the Task Force, should
target spending one-twelfth of the discretionary funds available to
their agencies on commissioning statues of individuals set forth in
section 3(c)(i) of Executive Order 13934, as amended by section 3(b) of
this order, for placement in the National Garden, as appropriate and
consistent with applicable law.
Sec. 6. Public Report. Until such time as the National Garden is
established and includes statues of all individuals set forth in section
3(c)(i) of Executive Order 13934, as amended by section 3(b) of this
order, the Task Force shall publish an annual public report describing
progress on establishing the National Garden and on building statues of
American heroes. This report shall include, as applicable, the steps the
Task Force agencies have taken in the preceding year to prepare the
National Garden to be opened
[[Page 393]]
for public access and listing all statues either commissioned for or
placed in the National Garden.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 18, 2021.
Executive Order 13979 of January 18, 2021
Ensuring Democratic Accountability in Agency Rulemaking
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. American democracy operates on the principle of the
consent of the governed. Regular elections for the Congress and the
President and Vice President of the United States are designed to ensure
that the officials responsible for making and executing the law are held
accountable to the American people. The President chooses Federal agency
heads who exercise executive authority and implement his regulatory
agenda. The American people, in electing the President, thereby have a
role in choosing the individuals who govern them.
However, some agencies have chosen to blur these lines of democratic
accountability by allowing career officials to authorize, approve, and
serve as the final word on regulations. This practice transfers the
power to set rules governing Americans' daily lives from the President,
acting through his executive subordinates, to officials insulated from
the accountability that national elections bring. This practice
undermines the power of the American people to choose who governs them
and I am directing steps to end it.
Sec. 2. Rulemaking by Senior Appointees. (a) To the extent permitted by
law, the head of each agency shall:
(i) require that agency rules promulgated under section 553 of title 5,
United States Code (section 553), must be signed by a senior appointee; and
(ii) require that only senior appointees may initiate the rulemaking
process for agency rules promulgated under section 553 or may approve the
agency's regulatory agenda.
[[Page 394]]
(b) Subsection (a) of this section shall not apply if the agency
head:
(i) determines that compliance with this section would impede public safety
or security; and
(ii) submits to the Administrator of the Office of Information and
Regulatory Affairs (Administrator) within the Office of Management and
Budget a notification disclosing the reasons for the exemption and
publishes such notification, consistent with public safety, security, and
privacy interests, in the Federal Register.
(c) An agency head may not delegate authority to make the
determination allowed by subsection (b) of this section.
(d) The head of each agency shall ensure that the issuance of future
agency rules promulgated under section 553 adheres to the requirements
of this section.
Sec. 3. Review of Existing Delegations of Rulemaking Authority. Within
180 days of the date of this order, the head of each agency shall, to
the extent permitted by law:
(a) review delegations of authority regarding rulemaking and make
any revisions necessary to ensure that such delegations are consistent
with section 2 of this order; and
(b) amend agency regulations governing agency management and
procedure to incorporate the requirements of section 2 of this order.
Sec. 4. Review of Existing Rules. (a) Within 90 days of the date of this
order, the head of each agency shall review all significant rules the
agency has issued over the last 12 years, and any other rules identified
by the Administrator, to determine whether the rule was issued by a
senior appointee. For good cause shown, the Administrator may authorize
an extension of the period within which an agency shall conduct such
review.
(b) Within 120 days of the date of this order, the head of each
agency shall provide a report to the President, through the
Administrator, summarizing the findings of the review. For good cause
shown, the Administrator may authorize an extension of the deadline to
provide such report.
Sec. 5. Definitions. For the purposes of this order, the term:
(a) ``agency'' has the meaning given that term in section 3(b) of
Executive Order 12866 of September 30, 1993 (Regulatory Planning and
Review), as amended, or any successor order; except that for purposes of
this order:
(i) the term shall include the Consumer Financial Protection Bureau; and
(ii) the term shall not include the Federal Bureau of Prisons of the
Department of Justice;
(b) ``senior appointee'' means an individual appointed by the
President, or performing the functions and duties of an office that
requires appointment by the President, or a non-career member of the
Senior Executive Service (or equivalent agency system);
(c) ``significant rule'' means any rule that is also a ``significant
regulatory action'' as defined in section 3(f) of Executive Order 12866,
as amended, or any successor order; and
(d) ``rule'' has the meaning given that term in section 551(4) of
title 5, United States Code, except that such term does not include any
rule of
[[Page 395]]
agency organization, procedure, or practice that does not substantially
affect the rights or obligations of non-agency parties.
Sec. 6. Implementation. The Administrator shall provide guidance on the
implementation of this order and shall monitor agency compliance with
the order.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 18, 2021.
Executive Order 13980 of January 18, 2021
Protecting Americans From Overcriminalization Through Regulatory Reform
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to improve transparency with
respect to the consequences of violating certain regulations and to
protect Americans from facing unwarranted criminal punishment for
unintentional violations of regulations, it is hereby ordered as
follows:
Section 1. Purpose. In the interest of fairness, Federal criminal law
should be clearly written so that all Americans can understand what is
prohibited and act accordingly. Some statutes have authorized executive
branch agencies to promulgate thousands of regulations, creating a
thicket of requirements that can be difficult to navigate, and many of
these regulations are enforceable through criminal processes and
penalties. The purpose of this order is to alleviate regulatory burdens
on Americans by ensuring that they have notice of potential criminal
liability for violations of regulations and by focusing criminal
enforcement of regulatory offenses on the most culpable individuals.
Sec. 2. Policy. It is the policy of the Federal Government that:
(a) Agencies promulgating regulations that may subject a violator to
criminal penalties should be explicit about what conduct is subject to
criminal penalties and the mens rea standard applicable to those
offenses;
(b) Strict liability offenses are ``generally disfavored.'' United
States v. United States Gypsum, Co., 438 U.S. 422, 438 (1978). Where
appropriate,
[[Page 396]]
agencies should consider administrative or civil enforcement of strict
liability regulatory offenses, rather than criminal enforcement of such
offenses; and
(c) Criminal prosecution based on regulatory offenses is most
appropriate for those persons who know what is prohibited or required by
the regulation and choose not to comply, thereby causing or risking
substantial public harm. Criminal prosecutions based on regulatory
offenses should focus on matters where a putative defendant had actual
or constructive knowledge that conduct was prohibited.
Sec. 3. Definitions. For the purposes of this order:
(a) ``Agency'' has the meaning given to ``Executive agency'' in
section 105 of title 5, United States Code.
(b) ``Mens rea'' means the state of mind that by law must be proven
to convict a particular defendant of a particular crime. There are
several such mental states in the law applied by Federal courts. Two
common mental states are ``knowingly'' and ``willfully.'' A defendant
acts ``knowingly'' with respect to an element of the offense if he or
she has knowledge of the essential facts comprising that element. In
addition, a defendant ``willfully'' violates a statute if he or she acts
with a ``bad purpose'' that is with ``knowledge that his [or her]
conduct is unlawful.'' Model Criminal Jury Instructions (3d Cir. 2018),
ch. 5, sec. 5.02 cmt. (quotation marks omitted). By contrast, strict
liability offenses do not require the government to prove mens rea. For
instance, the jury instructions for the United States Court of Appeals
for the Third Circuit note that ``[s]ome federal crimes are also strict
or absolute liability offenses, without any mental state requirement.''
Id. at ch. 5, General Introduction to Mental State Instructions.
(c) ``Person'' has the meaning given it in section 1 of title 1,
United States Code.
(d) ``Regulatory offense'' means any violation of a regulation
promulgated by an agency.
Sec. 4. Promoting Regulatory Transparency. (a) All notices of proposed
rulemaking (NPRMs) and final rules published in the Federal Register
after issuance of this order should include a statement that describes
whether individuals who violate any of the prohibitions--or fail to
comply with any requirements--imposed by the regulation or rule may be
subject to criminal penalties. Agencies should draft this statement in
consultation with the Department of Justice. For purposes of this order,
a regulation is treated as subjecting individuals to criminal penalties
when violation of the regulation is itself a basis for criminal
liability under Federal law.
(b) The regulatory text of all NPRMs and final rules with criminal
consequences published in the Federal Register after issuance of this
order should, consistent with applicable law, explicitly state a mens
rea requirement for each such provision or identify the provision as a
strict liability offense, accompanied by citations to the relevant
provisions of the authorizing statute.
(c) Prior to publishing in the Federal Register an NPRM or final
rule that contains a regulatory offense not specifically articulated in
the authorizing statute that may subject a violator to potential
criminal liability with no mens rea requirement or a regulatory offense
that includes an element that
[[Page 397]]
does not require proof of mens rea (excluding jurisdictional and venue
elements), the applicable agency should submit a brief justification for
use of a strict liability standard as well as the source of legal
authority for the imposition of such a standard, to the Administrator of
the Office of Information and Regulatory Affairs in the Office of
Management and Budget (Administrator). In response to these agency
submissions, the Administrator shall provide implementation guidance to
agencies on this order, monitor agency regulatory actions pursuant to
this order, and advise agencies if their actions are inconsistent with
the principles set forth in this order and or otherwise conflict with
the policies or actions of another agency. After such consultation, a
statement of justification should be published in the Federal Register
with the NPRM and the final rule.
Sec. 5. Agency Referrals for Potential Criminal Enforcement. (a) Within
45 days of the date of this order, and in consultation with the
Department of Justice, each agency should publish guidance in the
Federal Register describing its plan to administratively address
regulatory offenses subject to potential criminal liability rather than
refer those offenses to the Department of Justice for criminal
enforcement. Such guidance should make clear that when agencies are
enforcing regulations related to statutory criminal violations subject
to strict liability, and deciding whether to refer the matter to the
Department of Justice, agencies should consider factors such as:
(i) the harm or risk of harm, pecuniary or otherwise, caused by the alleged
offense;
(ii) the potential gain to the putative defendant that could result from
the offense;
(iii) whether the putative defendant held specialized knowledge, expertise,
or was licensed in an industry related to the rule or regulation at issue;
and
(iv) evidence, if any is available, of the putative defendant's knowledge
or lack thereof of the regulation at issue.
(b) Notwithstanding these considerations, the guidance should not
deter, limit, or delay agency referrals to the Department of Justice
where either the putative defendant's state of mind is unknown because
further investigation is required, or there exists a reasonable
indication that a crime has been committed based on the evidence
available.
(c) When required by internal agency policies or practice, an agency
may refer alleged regulatory offenses carrying potential criminal
consequences to its designated investigation and law enforcement offices
for investigation of the viability of the charge, subject to the
guidance described in 5(a) of this order governing referral of
regulatory offenses subject to strict liability.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
[[Page 398]]
(c) Notwithstanding any other provision in this order, nothing in
this order shall apply:
(i) to any action that pertains to foreign or military affairs, or to a
national security or homeland security function of the United States (other
than procurement actions and actions involving the import or export of non-
defense articles and services);
(ii) to any action that the Department of Justice takes related to a
criminal investigation or prosecution, including undercover operations, or
any civil enforcement action or related investigation by the Department of
Justice, in addition to any action related to a civil investigative demand
under 18 U.S.C. 1968;
(iii) to any action related to counterfeit goods, pirated goods, or other
goods that infringe intellectual property rights, or goods that are
adulterated or misbranded, or goods for which regulatory approval was
required prior to distribution but not obtained;
(iv) to strict liability misdemeanor prosecutions concluded via plea
agreement;
(v) to any investigation of misconduct by an agency employee or any
disciplinary, corrective, or employment action taken against an agency
employee; or
(vi) in any other circumstance or proceeding to which application of this
order, or any part of this order, would, in the judgment of the head of the
agency, undermine the national security.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 18, 2021.
Executive Order 13981 of January 18, 2021
Protecting the United States From Certain Unmanned Aircraft Systems
By the authority vested in me as President by the Constitution and the
laws of the United States of America,
I, DONALD J. TRUMP, President of the United States of America, find that
additional actions are necessary to ensure the security of Unmanned
Aircraft Systems (UAS) owned, operated, and controlled by the Federal
Government; to secure the integrity of American infrastructure,
including America's National Airspace System (NAS); to protect our law
enforcement and warfighters; and to maintain and expand our domestic
industrial base capabilities.
Accordingly, I hereby order:
[[Page 399]]
Section 1. Policy. UAS have tremendous potential to support public
safety and national security missions and are increasingly being used by
Federal, State, and local governments. UAS are used, for example, to
assist law enforcement and support natural disaster relief efforts.
Reliance on UAS and components manufactured by our adversaries, however,
threatens our national and economic security.
United States Government operations involving UAS require accessing,
collecting, and maintaining data, which could reveal sensitive
information. The use of UAS and critical components manufactured and
developed by foreign adversaries, or by persons under their control, may
allow this sensitive information to be accessed by or transferred to
foreign adversaries. Furthermore, the manufacturing of UAS involves
combining several critical components, including advanced manufacturing
techniques, artificial intelligence, microelectronic components, and
multi-spectral sensors. The Nation's capability to produce UAS and
certain critical UAS components domestically is critical for national
defense and the security and strength of our defense industrial base.
It is the policy of the United States, therefore, to prevent the use of
taxpayer dollars to procure UAS that present unacceptable risks and are
manufactured by, or contain software or critical electronic components
from, foreign adversaries, and to encourage the use of domestically
produced UAS.
Sec. 2. Reviewing Federal Government Authority to Limit Government
Procurement of Covered UAS. (a) The heads of all executive departments
and agencies (agencies) shall review their respective authorities to
determine whether, and to what extent consistent with applicable law,
they could cease:
(i) directly procuring or indirectly procuring through a third party, such
as a contractor, a covered UAS;
(ii) providing Federal financial assistance (e.g., through award of a
grant) that may be used to procure a covered UAS;
(iii) entering into, or renewing, a contract, order, or other commitment
for the procurement of a covered UAS; or
(iv) otherwise providing Federal funding for the procurement of a covered
UAS.
(b) After conducting the review described in subsection (a) of this
section, the heads of all agencies shall each submit a report to the
Director of the Office of Management and Budget identifying any
authority to take the actions outlined in subsections (a)(i) through
(iv) of this section.
Sec. 3. Reviewing Federal Government Use of UAS. (a) Within 60 days of
the date of this order, the heads of all agencies shall each submit a
report to the Director of National Intelligence and the Director of the
Office of Science and Technology Policy describing the manufacturer,
model, and any relevant security protocols for all UAS currently owned
or operated by their respective agency, or controlled by their agency
through a third party, such as a contractor, that are manufactured by
foreign adversaries or have significant components that are manufactured
by foreign adversaries.
(b) Within 180 days of the date of this order, the Director of
National Intelligence, in consultation with the Secretary of Defense,
the Attorney
[[Page 400]]
General, the Secretary of Homeland Security, the Director of the Office
of Science and Technology Policy, and the heads of other agencies, as
appropriate, shall review the reports required by subsection (a) of this
section and submit a report to the President assessing the security
risks posed by the existing Federal UAS fleet and outlining potential
steps that could be taken to mitigate these risks, including, if
warranted, discontinuing all Federal use of covered UAS and the
expeditious removal of UAS from Federal service.
Sec. 4. Restricting Use of UAS On or Over Critical Infrastructure or
Other Sensitive Sites. Within 270 days of the date of this order, the
Administrator of the Federal Aviation Administration (FAA) shall propose
regulations pursuant to section 2209 of the FAA Extension, Safety, and
Security Act of 2016 (Public Law 114-190).
Sec. 5. Budget. (a) The heads of all agencies shall consider the
replacement of covered UAS to be a priority when developing budget
proposals and planning for the use of funds.
(b) The Director of the Office of Management and Budget shall work
with the heads of all agencies to identify possible sources of funding
to replace covered UAS in the Federal fleet in future submissions of the
President's Budget request.
Sec. 6. Definitions. For purposes of this order, the following
definitions shall apply:
(a) The term ``adversary country'' means the Democratic People's
Republic of Korea, the Islamic Republic of Iran, the People's Republic
of China, the Russian Federation, or, as determined by the Secretary of
Commerce, any other foreign nation, foreign area, or foreign non-
government entity engaging in long-term patterns or serious instances of
conduct significantly adverse to the national or economic security of
the United States.
(b) The term ``covered UAS'' means any UAS that:
(i) is manufactured, in whole or in part, by an entity domiciled in an
adversary country;
(ii) uses critical electronic components installed in flight controllers,
ground control system processors, radios, digital transmission devices,
cameras, or gimbals manufactured, in whole or in part, in an adversary
country;
(iii) uses operating software (including cell phone or tablet applications,
but not cell phone or tablet operating systems) developed, in whole or in
part, by an entity domiciled in an adversary country;
(iv) uses network connectivity or data storage located outside the United
States, or administered by any entity domiciled in an adversary country; or
(v) contains hardware and software components used for transmitting
photographs, videos, location information, flight paths, or any other data
collected by the UAS manufactured by an entity domiciled in an adversary
country.
(c) The term ``critical electronic component'' means any electronic
device that stores, manipulates, or transfers digital data. The term
critical electronic component does not include, for example, passive
electronics such as resistors, and non-data transmitting motors,
batteries, and wiring.
[[Page 401]]
(d) The term ``entity'' means a partnership, association, trust,
joint venture, corporation, government, group, subgroup, other
organization, or person.
(e) The term ``Intelligence Community'' has the same meaning set
forth for that term in section 3003(4) of title 50, United States Code.
(f) The term ``National Airspace System'' (NAS) means the common
network of United States airspace; air navigation facilities, equipment,
and services; airports or landing areas; aeronautical charts,
information, and services; related rules, regulations, and procedures;
technical information; and manpower and material. The term also includes
system components shared jointly by the Departments of Defense,
Transportation, and Homeland Security.
(g) The term ``Unmanned Aircraft Systems'' (UAS) means any unmanned
aircraft, and the associated elements that are required for the pilot or
system operator to operate safely and efficiently in the NAS, including
communication links, the components that control the unmanned aircraft,
and all critical electronic components. The term UAS does not include
any separate communication device, such as a cellular phone or tablet,
designed to perform independently of a UAS system, which may be
incorporated into the operation of a UAS.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 18, 2021.
Executive Order 13982 of January 19, 2021
Care of Veterans With Service in Uzbekistan
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. The Secretary of Veterans Affairs, in consultation with the
Secretary of Defense, shall consider whether to designate veterans who
served on active duty in Uzbekistan between October 1, 2001, and
December 31, 2005, as veterans who served on active duty in a theater of
combat operations pursuant to section 1710(e)(1)(D) of title 38, United
States Code.
[[Page 402]]
Sec. 2. Within 365 days of the date of this order, the Secretary of
Defense shall conduct a rigorous study investigating toxic exposure by
members of the Armed Forces deployed to the Karshi-Khanabad Air Base,
Uzbekistan (Air Base), between October 1, 2001, and December 31, 2005.
The Secretary of Defense shall submit a report summarizing the findings
of the study to the President, through the Secretary of Veterans
Affairs. The study shall include the following elements:
(a) A detailed assessment of the conditions at the Air Base between
October 1, 2001, and December 31, 2005, including identification of any
toxic substances contaminating the Air Base during such period, the
exact locations of the toxic substances, the time frames of exposure to
the toxic substances, the service members exposed to the toxic
substances, and the circumstances of such exposure.
(b) A rigorous epidemiological study of any health consequences for
members of the Armed Forces deployed to the Air Base between October 1,
2001, and December 31, 2005. This study shall be of equivalent rigor to
studies used by the Department of Veterans Affairs to make
determinations regarding diseases subject to presumptive service
connections.
(c) An assessment of any causal link between exposure to any toxic
substances identified in subsection (a) of this section and any health
consequences studied under subsection (b) of this section.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
related to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 19, 2021.
Executive Order 13983 of January 19, 2021
Revocation of Executive Order 13770
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:
[[Page 403]]
Section 1. Revocation. Executive Order 13770 of January 28, 2017,
``Ethics Commitments by Executive Branch Appointees,'' is hereby
revoked, effective at noon January 20, 2021. Employees and former
employees subject to the commitments in Executive Order 13770 will not
be subject to those commitments after noon January 20, 2021.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 19, 2021.
Executive Order 13984 of January 19, 2021
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, DONALD J. TRUMP, President of the United States of America, find that
additional steps must be taken to deal with the national emergency
related to significant malicious cyber-enabled activities declared in
Executive Order 13694 of April 1, 2015 (Blocking the Property of Certain
Persons Engaging in Significant Malicious Cyber-Enabled Activities), as
amended, to address the use of United States Infrastructure as a Service
(IaaS) products by foreign malicious cyber actors. IaaS products provide
persons the ability to run software and store data on servers offered
for rent or lease without responsibility for the maintenance and
operating costs of those servers. Foreign malicious cyber actors aim to
harm the United States economy through the theft of intellectual
property and sensitive data and to threaten national security by
targeting United States critical infrastructure for malicious cyber-
enabled activities. Foreign actors use United States IaaS products for a
variety of tasks in carrying out malicious cyber-enabled activities,
which makes it extremely difficult for United States officials to track
and
[[Page 404]]
obtain information through legal process before these foreign actors
transition to replacement infrastructure and destroy evidence of their
prior activities; foreign resellers of United States IaaS products make
it easier for foreign actors to access these products and evade
detection. This order provides authority to impose record-keeping
obligations with respect to foreign transactions. To address these
threats, to deter foreign malicious cyber actors' use of United States
IaaS products, and to assist in the investigation of transactions
involving foreign malicious cyber actors, the United States must ensure
that providers offering United States IaaS products verify the identity
of persons obtaining an IaaS account (``Account'') for the provision of
these products and maintain records of those transactions. In
appropriate circumstances, to further protect against malicious cyber-
enabled activities, the United States must also limit certain foreign
actors' access to United States IaaS products. Further, the United
States must encourage more robust cooperation among United States IaaS
providers, including by increasing voluntary information sharing, to
bolster efforts to thwart the actions of foreign malicious cyber actors.
Accordingly, I hereby order:
Section 1. Verification of Identity. Within 180 days of the date of this
order, the Secretary of Commerce (Secretary) shall propose for notice
and comment regulations that require United States IaaS providers to
verify the identity of a foreign person that obtains an Account. These
regulations shall, at a minimum:
(a) set forth the minimum standards that United States IaaS
providers must adopt to verify the identity of a foreign person in
connection with the opening of an Account or the maintenance of an
existing Account, including:
(i) the types of documentation and procedures required to verify the
identity of any foreign person acting as a lessee or sub-lessee of these
products or services;
(ii) records that United States IaaS providers must securely maintain
regarding a foreign person that obtains an Account, including information
establishing:
(A) the identity of such foreign person and the person's information,
including name, national identification number, and address;
(B) means and source of payment (including any associated financial
institution and other identifiers such as credit card number, account
number, customer identifier, transaction identifiers, or virtual currency
wallet or wallet address identifier);
(C) electronic mail address and telephonic contact information, used to
verify a foreign person's identity; and
(D) internet Protocol addresses used for access or administration and the
date and time of each such access or administrative action, related to
ongoing verification of such foreign person's ownership of such an Account;
and
(iii) methods for limiting all third-party access to the information
described in this subsection, except insofar as such access is otherwise
consistent with this order and allowed under applicable law;
[[Page 405]]
(b) take into consideration the type of Account maintained by United
States IaaS providers, methods of opening an Account, and types of
identifying information available to accomplish the objectives of
identifying foreign malicious cyber actors using any such products and
avoiding the imposition of an undue burden on such providers; and
(c) permit the Secretary, in accordance with such standards and
procedures as the Secretary may delineate and in consultation with the
Secretary of Defense, the Attorney General, the Secretary of Homeland
Security, and the Director of National Intelligence, to exempt any
United States IaaS provider, or any specific type of Account or lessee,
from the requirements of any regulation issued pursuant to this section.
Such standards and procedures may include a finding by the Secretary
that a provider, Account, or lessee complies with security best
practices to otherwise deter abuse of IaaS products.
Sec. 2. Special Measures for Certain Foreign Jurisdictions or Foreign
Persons. (a) Within 180 days of the date of this order, the Secretary
shall propose for notice and comment regulations that require United
States IaaS providers to take any of the special measures described in
subsection (d) of this section if the Secretary, in consultation with
the Secretary of State, the Secretary of the Treasury, the Secretary of
Defense, the Attorney General, the Secretary of Homeland Security, the
Director of National Intelligence and, as the Secretary deems
appropriate, the heads of other executive departments and agencies
(agencies), finds:
(i) that reasonable grounds exist for concluding that a foreign
jurisdiction has any significant number of foreign persons offering United
States IaaS products that are used for malicious cyber-enabled activities
or any significant number of foreign persons directly obtaining United
States IaaS products for use in malicious cyber-enabled activities, in
accordance with subsection (b) of this section; or
(ii) that reasonable grounds exist for concluding that a foreign person has
established a pattern of conduct of offering United States IaaS products
that are used for malicious cyber-enabled activities or directly obtaining
United States IaaS products for use in malicious cyber-enabled activities.
(b) In making findings under subsection (a) of this section on the
use of United States IaaS products in malicious cyber-enabled
activities, the Secretary shall consider any information the Secretary
determines to be relevant, as well as information pertaining to the
following factors:
(i) Factors related to a particular foreign jurisdiction, including:
(A) evidence that foreign malicious cyber actors have obtained United
States IaaS products from persons offering United States IaaS products in
that foreign jurisdiction, including whether such actors obtained such IaaS
products through Reseller Accounts;
(B) the extent to which that foreign jurisdiction is a source of
malicious cyber-enabled activities; and
(C) Whether the United States has a mutual legal assistance treaty with
that foreign jurisdiction, and the experience of United States law
enforcement officials and regulatory officials in obtaining information
about activities involving United States IaaS products originating in or
routed through such foreign jurisdiction; and
(ii) Factors related to a particular foreign person, including:
[[Page 406]]
(A) the extent to which a foreign person uses United States IaaS products
to conduct, facilitate, or promote malicious cyber-enabled activities;
(B) the extent to which United States IaaS products offered by a foreign
person are used to facilitate or promote malicious cyber-enabled
activities;
(C) the extent to which United States IaaS products offered by a foreign
person are used for legitimate business purposes in the jurisdiction; and
(D) the extent to which actions short of the imposition of special
measures pursuant to subsection (d) of this section are sufficient, with
respect to transactions involving the foreign person offering United States
IaaS products, to guard against malicious cyber-enabled activities.
(c) In selecting which special measure or measures to take under
this section, the Secretary shall consider:
(i) whether the imposition of any special measure would create a
significant competitive disadvantage, including any undue cost or burden
associated with compliance, for United States IaaS providers;
(ii) the extent to which the imposition of any special measure or the
timing of the special measure would have a significant adverse effect on
legitimate business activities involving the particular foreign
jurisdiction or foreign person; and
(iii) the effect of any special measure on United States national security,
law enforcement investigations, or foreign policy.
(d) The special measures referred to in subsections (a), (b), and
(c) of this section are as follows:
(i) Prohibitions or Conditions on Accounts within Certain Foreign
Jurisdictions: The Secretary may prohibit or impose conditions on the
opening or maintaining with any United States IaaS provider of an Account,
including a Reseller Account, by any foreign person located in a foreign
jurisdiction found to have any significant number of foreign persons
offering United States IaaS products used for malicious cyber-enabled
activities, or by any United States IaaS provider for or on behalf of a
foreign person; and
(ii) Prohibitions or Conditions on Certain Foreign Persons: The Secretary
may prohibit or impose conditions on the opening or maintaining in the
United States of an Account, including a Reseller Account, by any United
States IaaS provider for or on behalf of a foreign person, if such an
Account involves any such foreign person found to be offering United States
IaaS products used in malicious cyber-enabled activities or directly
obtaining United States IaaS products for use in malicious cyber-enabled
activities.
(e) The Secretary shall not impose requirements for United States
IaaS providers to take any of the special measures described in
subsection (d) of this section earlier than 180 days following the
issuance of final regulations described in section 1 of this order.
Sec. 3. Recommendations for Cooperative Efforts to Deter the Abuse of
United States IaaS Products. (a) Within 120 days of the date of this
order, the Attorney General and the Secretary of Homeland Security, in
coordination with the Secretary and, as the Attorney General and the
Secretary of
[[Page 407]]
Homeland Security deem appropriate, the heads of other agencies, shall
engage and solicit feedback from industry on how to increase information
sharing and collaboration among IaaS providers and between IaaS
providers and the agencies to inform recommendations under subsection
(b) of this section.
(b) Within 240 days of the date of this order, the Attorney General
and the Secretary of Homeland Security, in coordination with the
Secretary, and, as the Attorney General and Secretary of Homeland
Security deem appropriate, the heads of other agencies, shall develop
and submit to the President a report containing recommendations to
encourage:
(i) voluntary information sharing and collaboration, among United States
IaaS providers; and
(ii) information sharing between United States IaaS providers and
appropriate agencies, including the reporting of incidents, crimes, and
other threats to national security, for the purpose of preventing further
harm to the United States.
(c) The report and recommendations provided under subsection (b) of
this section shall consider existing mechanisms for such sharing and
collaboration, including the Cybersecurity Information Sharing Act (6
U.S.C. 1503 et seq.), and shall identify any gaps in current law,
policy, or procedures. The report shall also include:
(i) information related to the operations of foreign malicious cyber
actors, the means by which such actors use IaaS products within the United
States, malicious capabilities and tradecraft, and the extent to which
persons in the United States are compromised or unwittingly involved in
such activity;
(ii) recommendations for liability protections beyond those in existing law
that may be needed to encourage United States IaaS providers to share
information among each other and with the United States Government; and
(iii) recommendations for facilitating the detection and identification of
Accounts and activities that involve foreign malicious cyber actors.
Sec. 4. Ensuring Sufficient Resources for Implementation. The Secretary,
in consultation with the heads of such agencies as the Secretary deems
appropriate, shall identify funding requirements to support the efforts
described in this order and incorporate such requirements into its
annual budget submissions to the Office of Management and Budget.
Sec. 5. Definitions. For the purposes of this order, the following
definitions apply:
(a) The term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) The term ``foreign jurisdiction'' means any country, subnational
territory, or region, other than those subject to the civil or military
jurisdiction of the United States, in which any person or group of
persons exercises sovereign de facto or de jure authority, including any
such country, subnational territory, or region in which a person or
group of persons is assuming to exercise governmental authority whether
such a person or group of persons has or has not been recognized by the
United States;
[[Page 408]]
(c) The term ``foreign person'' means a person that is not a United
States person;
(d) The term ``Infrastructure as a Service Account'' or ``Account''
means a formal business relationship established to provide IaaS
products to a person in which details of such transactions are recorded.
(e) The term ``Infrastructure as a Service Product'' means any
product or service offered to a consumer, including complimentary or
``trial'' offerings, that provides processing, storage, networks, or
other fundamental computing resources, and with which the consumer is
able to deploy and run software that is not predefined, including
operating systems and applications. The consumer typically does not
manage or control most of the underlying hardware but has control over
the operating systems, storage, and any deployed applications. The term
is inclusive of ``managed'' products or services, in which the provider
is responsible for some aspects of system configuration or maintenance,
and ``unmanaged'' products or services, in which the provider is only
responsible for ensuring that the product is available to the consumer.
The term is also inclusive of ``virtualized'' products and services, in
which the computing resources of a physical machine are split between
virtualized computers accessible over the internet (e.g., ``virtual
private servers''), and ``dedicated'' products or services in which the
total computing resources of a physical machine are provided to a single
person (e.g., ``bare-metal'' servers);
(f) The term ``malicious cyber-enabled activities'' refers to
activities, other than those authorized by or in accordance with United
States law that seek to compromise or impair the confidentiality,
integrity, or availability of computer, information, or communications
systems, networks, physical or virtual infrastructure controlled by
computers or information systems, or information resident thereon;
(g) The term ``person'' means an individual or entity;
(h) The term ``Reseller Account'' means an Infrastructure as a
Service Account established to provide IaaS products to a person who
will then offer those products subsequently, in whole or in part, to a
third party.
(i) The term ``United States Infrastructure as a Service Product''
means any Infrastructure as a Service Product owned by any United States
person or operated within the territory of the United States of America;
(j) The term ``United States Infrastructure as a Service Provider''
means any United States Person that offers any Infrastructure as a
Service Product;
(k) The term ``United States person'' means any United States
citizen, lawful permanent resident of the United States as defined by
the Immigration and Nationality Act, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person located in the United
States;
Sec. 6. Amendment to Reporting Authorizations. Section (9) of Executive
Order 13694, as amended, is further amended to read as follows:
``Sec. 9. The Secretary of the Treasury, in consultation with the
Secretary of State, the Attorney General, and the Secretary of Commerce,
is hereby authorized to submit the recurring and final reports to the
Congress on the national emergency declared in this order, consistent
with section 401(c)
[[Page 409]]
of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C.
1703(c)).''
Sec. 7. General Provisions. (a) The Secretary, in consultation with the
heads of such other agencies as the Secretary deems appropriate, is
hereby authorized to take such actions, including the promulgation of
rules and regulations, and employ all powers granted to the President by
IEEPA as may be necessary to carry out the purposes of this order. The
Secretary may redelegate any of these functions to other officers within
the Department of Commerce, consistent with applicable law. All
departments and 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.
(b) Nothing in this order shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(d) Nothing in this order prohibits or otherwise restricts
authorized intelligence, military, law enforcement, or other activities
in furtherance of national security or public safety activities.
(e) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 19, 2021.
Executive Order 13985 of January 20, 2021
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered:
Section 1. Policy. Equal opportunity is the bedrock of American
democracy, and our diversity is one of our country's greatest strengths.
But for too many, the American Dream remains out of reach. Entrenched
disparities in our laws and public policies, and in our public and
private institutions, have often denied that equal opportunity to
individuals and communities. Our country faces converging economic,
health, and climate crises that have exposed and exacerbated inequities,
while a historic movement for justice has highlighted the unbearable
human costs of systemic racism. Our Nation deserves an ambitious whole-
of-government equity agenda that matches the scale of the opportunities
and challenges that we face.
[[Page 410]]
It is therefore the policy of my Administration that the Federal
Government should pursue a comprehensive approach to advancing equity
for all, including people of color and others who have been historically
underserved, marginalized, and adversely affected by persistent poverty
and inequality. Affirmatively advancing equity, civil rights, racial
justice, and equal opportunity is the responsibility of the whole of our
Government. Because advancing equity requires a systematic approach to
embedding fairness in decision-making processes, executive departments
and agencies (agencies) must recognize and work to redress inequities in
their policies and programs that serve as barriers to equal opportunity.
By advancing equity across the Federal Government, we can create
opportunities for the improvement of communities that have been
historically underserved, which benefits everyone. For example, an
analysis shows that closing racial gaps in wages, housing credit,
lending opportunities, and access to higher education would amount to an
additional $5 trillion in gross domestic product in the American economy
over the next 5 years. The Federal Government's goal in advancing equity
is to provide everyone with the opportunity to reach their full
potential. Consistent with these aims, each agency must assess whether,
and to what extent, its programs and policies perpetuate systemic
barriers to opportunities and benefits for people of color and other
underserved groups. Such assessments will better equip agencies to
develop policies and programs that deliver resources and benefits
equitably to all.
Sec. 2. Definitions. For purposes of this order: (a) The term ``equity''
means the consistent and systematic fair, just, and impartial treatment
of all individuals, including individuals who belong to underserved
communities that have been denied such treatment, such as Black, Latino,
and Indigenous and Native American persons, Asian Americans and Pacific
Islanders and other persons of color; members of religious minorities;
lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons
with disabilities; persons who live in rural areas; and persons
otherwise adversely affected by persistent poverty or inequality.
(b) The term ``underserved communities'' refers to populations
sharing a particular characteristic, as well as geographic communities,
that have been systematically denied a full opportunity to participate
in aspects of economic, social, and civic life, as exemplified by the
list in the preceding definition of ``equity.''
Sec. 3. Role of the Domestic Policy Council. The role of the White House
Domestic Policy Council (DPC) is to coordinate the formulation and
implementation of my Administration's domestic policy objectives.
Consistent with this role, the DPC will coordinate efforts to embed
equity principles, policies, and approaches across the Federal
Government. This will include efforts to remove systemic barriers to and
provide equal access to opportunities and benefits, identify communities
the Federal Government has underserved, and develop policies designed to
advance equity for those communities. The DPC-led interagency process
will ensure that these efforts are made in coordination with the
directors of the National Security Council and the National Economic
Council.
Sec. 4. Identifying Methods to Assess Equity. (a) The Director of the
Office of Management and Budget (OMB) shall, in partnership with the
heads of agencies, study methods for assessing whether agency policies
and actions
[[Page 411]]
create or exacerbate barriers to full and equal participation by all
eligible individuals. The study should aim to identify the best methods,
consistent with applicable law, to assist agencies in assessing equity
with respect to race, ethnicity, religion, income, geography, gender
identity, sexual orientation, and disability.
(b) As part of this study, the Director of OMB shall consider
whether to recommend that agencies employ pilot programs to test model
assessment tools and assist agencies in doing so.
(c) Within 6 months of the date of this order, the Director of OMB
shall deliver a report to the President describing the best practices
identified by the study and, as appropriate, recommending approaches to
expand use of those methods across the Federal Government.
Sec. 5. Conducting an Equity Assessment in Federal Agencies. The head of
each agency, or designee, shall, in consultation with the Director of
OMB, select certain of the agency's programs and policies for a review
that will assess whether underserved communities and their members face
systemic barriers in accessing benefits and opportunities available
pursuant to those policies and programs. The head of each agency, or
designee, shall conduct such review and within 200 days of the date of
this order provide a report to the Assistant to the President for
Domestic Policy (APDP) reflecting findings on the following:
(a) Potential barriers that underserved communities and individuals
may face to enrollment in and access to benefits and services in Federal
programs;
(b) Potential barriers that underserved communities and individuals
may face in taking advantage of agency procurement and contracting
opportunities;
(c) Whether new policies, regulations, or guidance documents may be
necessary to advance equity in agency actions and programs; and
(d) The operational status and level of institutional resources
available to offices or divisions within the agency that are responsible
for advancing civil rights or whose mandates specifically include
serving underrepresented or disadvantaged communities.
Sec. 6. Allocating Federal Resources to Advance Fairness and
Opportunity. The Federal Government should, consistent with applicable
law, allocate resources to address the historic failure to invest
sufficiently, justly, and equally in underserved communities, as well as
individuals from those communities. To this end:
(a) The Director of OMB shall identify opportunities to promote
equity in the budget that the President submits to the Congress.
(b) The Director of OMB shall, in coordination with the heads of
agencies, study strategies, consistent with applicable law, for
allocating Federal resources in a manner that increases investment in
underserved communities, as well as individuals from those communities.
The Director of OMB shall report the findings of this study to the
President.
Sec. 7. Promoting Equitable Delivery of Government Benefits and
Equitable Opportunities. Government programs are designed to serve all
eligible individuals. And Government contracting and procurement
opportunities should be available on an equal basis to all eligible
providers of goods and
[[Page 412]]
services. To meet these objectives and to enhance compliance with
existing civil rights laws:
(a) Within 1 year of the date of this order, the head of each agency
shall consult with the APDP and the Director of OMB to produce a plan
for addressing:
(i) any barriers to full and equal participation in programs identified
pursuant to section 5(a) of this order; and
(ii) any barriers to full and equal participation in agency procurement and
contracting opportunities identified pursuant to section 5(b) of this
order.
(b) The Administrator of the U.S. Digital Service, the United States
Chief Technology Officer, the Chief Information Officer of the United
States, and the heads of other agencies, or their designees, shall take
necessary actions, consistent with applicable law, to support agencies
in developing such plans.
Sec. 8. Engagement with Members of Underserved Communities. In carrying
out this order, agencies shall consult with members of communities that
have been historically underrepresented in the Federal Government and
underserved by, or subject to discrimination in, Federal policies and
programs. The head of each agency shall evaluate opportunities,
consistent with applicable law, to increase coordination, communication,
and engagement with community-based organizations and civil rights
organizations.
Sec. 9. Establishing an Equitable Data Working Group. Many Federal
datasets are not disaggregated by race, ethnicity, gender, disability,
income, veteran status, or other key demographic variables. This lack of
data has cascading effects and impedes efforts to measure and advance
equity. A first step to promoting equity in Government action is to
gather the data necessary to inform that effort.
(a) Establishment. There is hereby established an Interagency
Working Group on Equitable Data (Data Working Group).
(b) Membership.
(i) The Chief Statistician of the United States and the United States Chief
Technology Officer shall serve as Co-Chairs of the Data Working Group and
coordinate its work. The Data Working Group shall include representatives
of agencies as determined by the Co-Chairs to be necessary to complete the
work of the Data Working Group, but at a minimum shall include the
following officials, or their designees:
(A) the Director of OMB;
(B) the Secretary of Commerce, through the Director of the U.S. Census
Bureau;
(C) the Chair of the Council of Economic Advisers;
(D) the Chief Information Officer of the United States;
(E) the Secretary of the Treasury, through the Assistant Secretary of the
Treasury for Tax Policy;
(F) the Chief Data Scientist of the United States; and
(G) the Administrator of the U.S. Digital Service.
[[Page 413]]
(ii) The DPC shall work closely with the Co-Chairs of the Data Working
Group and assist in the Data Working Group's interagency coordination
functions.
(iii) The Data Working Group shall consult with agencies to facilitate the
sharing of information and best practices, consistent with applicable law.
(c) Functions. The Data Working Group shall:
(i) through consultation with agencies, study and provide recommendations
to the APDP identifying inadequacies in existing Federal data collection
programs, policies, and infrastructure across agencies, and strategies for
addressing any deficiencies identified; and
(ii) support agencies in implementing actions, consistent with applicable
law and privacy interests, that expand and refine the data available to the
Federal Government to measure equity and capture the diversity of the
American people.
(d) OMB shall provide administrative support for the Data Working
Group, consistent with applicable law.
Sec. 10. Revocation. (a) Executive Order 13950 of September 22, 2020
(Combating Race and Sex Stereotyping), is hereby revoked.
(b) The heads of agencies covered by Executive Order 13950 shall
review and identify proposed and existing agency actions related to or
arising from Executive Order 13950. The head of each agency shall,
within 60 days of the date of this order, consider suspending, revising,
or rescinding any such actions, including all agency actions to
terminate or restrict contracts or grants pursuant to Executive Order
13950, as appropriate and consistent with applicable law.
(c) Executive Order 13958 of November 2, 2020 (Establishing the
President's Advisory 1776 Commission), is hereby revoked.
Sec. 11. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) Independent agencies are strongly encouraged to comply with the
provisions of this order.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
[[Page 414]]
Executive Order 13986 of January 20, 2021
Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to
the Decennial Census
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered:
Section 1. Background. We have long guaranteed all of the Nation's
inhabitants representation in the House of Representatives. This
tradition is foundational to our representative democracy, for our
elected representatives have a responsibility to represent the interests
of all people residing in the United States and affected by our laws.
This tradition also respects the dignity and humanity of every person.
Accordingly, the executive branch has always determined the population
of each State, for purposes of congressional representation, without
regard to whether its residents are in lawful immigration status.
The census and apportionment processes are enshrined in the
Constitution. The Fourteenth Amendment apportions seats in the House of
Representatives ``among the several States according to their respective
numbers, counting the whole number of persons in each State.'' (U.S.
Const. amend. XIV, sec. 2.) Article I, in turn, provides that, in order
to determine those numbers, an ``actual Enumeration'' of the population
of the United States must be conducted every 10 years. (U.S. Const. art.
I, sec. 2, cl. 3.) The Congress has assigned responsibility for
conducting the decennial census to the Secretary of Commerce
(Secretary). (13 U.S.C. 141(a).)
Once the Secretary, through the Director of the U.S. Census Bureau,
takes the count, the President must carry out the apportionment of
Representatives among the States. The Secretary prepares the
``tabulation of total population by States . . . as required for the
apportionment of Representatives,'' and reports that tabulation to the
President. (13 U.S.C. 141(b).) The President then sends a statement to
the Congress showing ``the whole number of persons in each State,'' as
ascertained under the census, and ``the number of Representatives to
which each State would be entitled under'' the equal proportions
apportionment method. (2 U.S.C. 2a(a).) The Clerk of the House of
Representatives then transmits to each State a certification of the
number of seats that the State receives under that apportionment. (2
U.S.C. 2a(b).) Finally, within 1 year of the decennial census date, the
Secretary must also report to the Governor and officers or public bodies
having responsibility for legislative apportionment or districting of
each State the population tabulations to be used for apportioning
districts within that State. (13 U.S.C. 141(c).)
At no point since our Nation's Founding has a person's immigration
status alone served as a basis for excluding that person from the total
population count used in apportionment. Before the Civil War and the
abolition of slavery, the Constitution did not give equal weight to
every person counted under the census. (U.S. Const. art. 1, sec. 2.) In
accord with constitutional and statutory requirements, however, every
apportionment since ratification of the Fourteenth Amendment has
calculated each State's share of Representatives based on ``the whole
number of persons in each State,'' excluding only ``Indians not
taxed''--an express constitutional exception that no longer has legal or
practical effect. (U.S. Const. amend. XIV, sec. 2; 2
[[Page 415]]
U.S.C. 2a(a).) The term ``persons in each State'' has always been
understood to include every person whose usual place of residence was in
that State as of the designated census date. (See, e.g., Act of Mar. 1,
1790, ch. 2, secs. 1, 5, 1 Stat. 101, 103; Franklin v. Massachusetts,
505 U.S. 788, 804 (1992).) This unbroken practice has ensured that ``the
basis of representation in the House'' is ``every individual of the
community at large.'' (Evenwel v. Abbott, 136 S. Ct. 1120, 1127 (2016)
(emphasis and quotation marks omitted).) And it reflects a sound policy
judgment that the apportionment base be both clear and insulated against
manipulation designed to affect the balance of power among the States.
During the 2020 Census, the President announced a policy that broke from
this long tradition. It aimed to produce a different apportionment
base--one that would, to the maximum extent feasible, exclude persons
who are not in a lawful immigration status. See Presidential Memorandum
of July 21, 2020 (Excluding Illegal Aliens From the Apportionment Base
Following the 2020 Census). This policy conflicted with the principle of
equal representation enshrined in our Constitution, census statutes, and
historical tradition. The policy further required the Census Bureau to
inappropriately rely on records related to immigration status that were
likely to be incomplete and inaccurate.
Sec. 2. Policy. Both the Fourteenth Amendment of the United States
Constitution and section 2a(a) of title 2, United States Code, require
that the apportionment base of each State, for the purpose of the
reapportionment of Representatives following the decennial census,
include all persons whose usual place of residence was in that State as
of the designated census date, regardless of their immigration status.
These laws, affirmed by the executive branch's longstanding historical
practice, do not permit the exclusion of inhabitants of the United
States from the apportionment base solely on the ground that they lack a
lawful immigration status. Reflecting this legal background, and the
values of equal representation and respect that the Constitution and
laws embody, it is the policy of the United States that reapportionment
shall be based on the total number of persons residing in the several
States, without regard for immigration status. It is likewise essential
that the census count be accurate and based on reliable and high-quality
data.
Sec. 3. Ensuring that the Apportionment Base and State-Level
Tabulations Include All Inhabitants of Each State. In preparing the
report to the President required under section 141(b) of title 13,
United States Code, the Secretary shall report the tabulation of total
population by State that reflects the whole number of persons whose
usual residence was in each State as of the designated census date in
section 141(a) of title 13, United States Code, without regard to
immigration status. In addition, the Secretary shall use tabulations of
population reflecting the whole number of persons whose usual residence
was in each State as of the census date, without regard to immigration
status, in reports provided to the Governor and officers or public
bodies having responsibility for legislative apportionment or
districting of each State under section 141(c) of title 13, United
States Code.
Sec. 4. Data Quality. The Secretary shall take all necessary steps,
con-
sistent with law, to ensure that the total population information
presented to the President and to the States is accurate and complies
with all applicable laws.
[[Page 416]]
Sec. 5. Revocation. Executive Order 13880 of July 11, 2019 (Collecting
Information About Citizenship Status in Connection With the Decennial
Census), and the Presidential Memorandum of July 21, 2020 (Excluding
Illegal Aliens From the Apportionment Base Following the 2020 Census),
are hereby revoked.
Sec. 6. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
Executive Order 13987 of January 20, 2021
Organizing and Mobilizing the United States Government To Provide a
Unified and Effective Response To Combat COVID-19 and To Provide United
States Leadership on Global Health and Security
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. The Federal Government must act swiftly and
aggressively to combat coronavirus disease 2019 (COVID-19). To that end,
this order creates the position of Coordinator of the COVID-19 Response
and Counselor to the President and takes other steps to organize the
White House and activities of the Federal Government to combat COVID-19
and prepare for future biological and pandemic threats.
Sec. 2. Organizing the White House to Combat COVID-19. (a) In order to
effectively, fully, and immediately respond to COVID-19, there is
established within the Executive Office of the President the position of
Coordinator of the COVID-19 Response and Counselor to the President
(COVID-19 Response Coordinator) and the position of Deputy Coordinator
of the COVID-19 Response. The COVID-19 Response Coordinator shall report
directly to the President; advise and assist the President and executive
departments and agencies (agencies) in responding to the COVID-19
pandemic; coordinate all elements of the COVID-19 response; and perform
such duties as the President may otherwise direct. These duties shall
include:
[[Page 417]]
(i) coordinating a Government-wide effort to reduce disparities in the
response, care, and treatment of COVID-19, including racial and ethnic
disparities;
(ii) coordinating the Federal Government's efforts to produce, supply, and
distribute personal protective equipment, vaccines, tests, and other
supplies for the Nation's COVID-19 response, including through the use of
the Defense Production Act, as amended (50 U.S.C. 4501 et seq.);
(iii) coordinating the Federal Government's efforts to expand COVID-19
testing and the use of testing as an effective public health response;
(iv) coordinating the Federal Government's efforts to support the timely,
safe, and effective delivery of COVID-19 vaccines to the United States
population;
(v) coordinating the Federal Government's efforts to support the safe
reopening and operation of schools, child care providers, and Head Start
programs, and to help ensure the continuity of educational and other
services for young children and elementary and secondary students during
the COVID-19 pandemic; and
(vi) coordinating, as appropriate, with State, local, Tribal, and
territorial authorities.
(b) The COVID-19 Response Coordinator shall have the authority to
convene principals from relevant agencies, in consultation with the
Assistant to the President for Domestic Policy (APDP) on matters
involving the domestic COVID-19 response, and in consultation with the
Assistant to the President for National Security Affairs (APNSA) on
matters involving the global COVID-19 response. The COVID-19 Response
Coordinator shall also coordinate any corresponding deputies and
interagency processes.
(c) The COVID-19 Response Coordinator may act through designees in
performing these or any other duties.
Sec. 3. United States Leadership on Global Health and Security and the
Global COVID-19 Response.
(a) Preparing to Respond to Biological Threats and Pandemics. To
identify, monitor, prepare for, and, if necessary, respond to emerging
biological and pandemic threats:
(i) The APNSA shall convene the National Security Council (NSC) Principals
Committee as necessary to coordinate the Federal Government's efforts to
address such threats and to advise the President on the global response to
and recovery from COVID-19, including matters regarding: the intersection
of the COVID-19 response and other national security equities; global
health security; engaging with and strengthening the World Health
Organization; public health, access to healthcare, and the secondary
impacts of COVID-19; and emerging biological risks and threats, whether
naturally occurring, deliberate, or accidental.
(ii) Within 180 days of the date of this order, the APNSA shall, in
coordination with relevant agencies, the COVID-19 Response Coordinator, and
the APDP, complete a review of and recommend actions to the President
concerning emerging domestic and global biological risks and national
biopreparedness policies. The review and recommended actions shall
incorporate lessons from the COVID-19 pandemic and, among other things,
address: the readiness of the pandemic supply chain,
[[Page 418]]
healthcare workforce, and hospitals; the development of a framework of
pandemic readiness with specific triggers for when agencies should take
action in response to large-scale biological events; pandemic border
readiness; the development and distribution of medical countermeasures;
epidemic forecasting and modeling; public health data modernization; bio-
related intelligence; bioeconomic investments; biotechnology risks; the
development of a framework for coordinating with and distributing
responsibilities as between the Federal Government and State, local,
Tribal, and territorial authorities; and State, local, Tribal, and
territorial preparedness for biological events.
(b) NSC Directorate on Global Health Security and Biodefense. There
shall be an NSC Directorate on Global Health Security and Biodefense,
which shall be headed by a Senior Director for Global Health Security
and Biodefense. The Senior Director shall be responsible for monitoring
current and emerging biological threats, and shall report concurrently
to the APNSA and to the COVID-19 Response Coordinator on matters
relating to COVID-19. The Senior Director shall oversee the Global
Health Security Agenda Interagency Review Council, which was established
pursuant to Executive Order 13747 of November 4, 2016 (Advancing the
Global Health Security Agenda To Achieve a World Safe and Secure From
Infectious Disease Threats), and is hereby reconvened as described in
that order.
(c) Responsibility for National Biodefense Preparedness.
Notwithstanding any statements in the National Security Presidential
Memorandum-14 of September 18, 2018 (Support for National Biodefense),
the APNSA shall be responsible for coordinating the Nation's biodefense
preparedness efforts, and, as stated in sections 1 and 2 of this order,
the COVID-19 Response Coordinator shall be responsible for coordinating
the Federal Government's response to the COVID-19 pandemic.
Sec. 4. Prompt Resolution of Issues Related to the United States COVID-
19 Response. The heads of agencies shall, as soon as practicable, bring
any procedural, departmental, legal, or funding obstacle to the COVID-19
response to the attention of the COVID-19 Response Coordinator. The
COVID-19 Response Coordinator shall, in coordination with relevant
agencies, the APDP, and the APNSA, as appropriate, immediately bring to
the President's attention any issues that require Presidential guidance
or decision-making.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 419]]
against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
Executive Order 13988 of January 20, 2021
Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation
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. Every person should be treated with respect and
dignity and should be able to live without fear, no matter who they are
or whom they love. Children should be able to learn without worrying
about whether they will be denied access to the restroom, the locker
room, or school sports. Adults should be able to earn a living and
pursue a vocation knowing that they will not be fired, demoted, or
mistreated because of whom they go home to or because how they dress
does not conform to sex-based stereotypes. People should be able to
access healthcare and secure a roof over their heads without being
subjected to sex discrimination. All persons should receive equal
treatment under the law, no matter their gender identity or sexual
orientation.
These principles are reflected in the Constitution, which promises equal
protection of the laws. These principles are also enshrined in our
Nation's anti-discrimination laws, among them Title VII of the Civil
Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.). In Bostock v.
Clayton County, 590 U.S._(2020), the Supreme Court held that Title VII's
prohibition on discrimination ``because of . . . sex'' covers
discrimination on the basis of gender identity and sexual orientation.
Under Bostock's reasoning, laws that prohibit sex discrimination--
including Title IX of the Education Amendments of 1972, as amended (20
U.S.C. 1681 et seq.), the Fair Housing Act, as amended (42 U.S.C. 3601
et seq.), and section 412 of the Immigration and Nationality Act, as
amended (8 U.S.C. 1522), along with their respective implementing
regulations--prohibit discrimination on the basis of gender identity or
sexual orientation, so long as the laws do not contain sufficient
indications to the contrary.
Discrimination on the basis of gender identity or sexual orientation
manifests differently for different individuals, and it often overlaps
with other forms of prohibited discrimination, including discrimination
on the basis of race or disability. For example, transgender Black
Americans face unconscionably high levels of workplace discrimination,
homelessness, and violence, including fatal violence.
It is the policy of my Administration to prevent and combat
discrimination on the basis of gender identity or sexual orientation,
and to fully enforce Title VII and other laws that prohibit
discrimination on the basis of gender
[[Page 420]]
identity or sexual orientation. It is also the policy of my
Administration to address overlapping forms of discrimination.
Sec. 2. Enforcing Prohibitions on Sex Discrimination on the Basis of
Gender Identity or Sexual Orientation. (a) The head of each agency
shall, as soon as practicable and in consultation with the Attorney
General, as appropriate, review all existing orders, regulations,
guidance documents, policies, programs, or other agency actions
(``agency actions'') that:
(i) were promulgated or are administered by the agency under Title VII or
any other statute or regulation that prohibits sex discrimination,
including any that relate to the agency's own compliance with such statutes
or regulations; and
(ii) are or may be inconsistent with the policy set forth in section 1 of
this order.
(b) The head of each agency shall, as soon as practicable and as
appropriate and consistent with applicable law, including the
Administrative Procedure Act (5 U.S.C. 551 et seq.), consider whether to
revise, suspend, or rescind such agency actions, or promulgate new
agency actions, as necessary to fully implement statutes that prohibit
sex discrimination and the policy set forth in section 1 of this order.
(c) The head of each agency shall, as soon as practicable, also
consider whether there are additional actions that the agency should
take to ensure that it is fully implementing the policy set forth in
section 1 of this order. If an agency takes an action described in this
subsection or subsection (b) of this section, it shall seek to ensure
that it is accounting for, and taking appropriate steps to combat,
overlapping forms of discrimination, such as discrimination on the basis
of race or disability.
(d) Within 100 days of the date of this order, the head of each
agency shall develop, in consultation with the Attorney General, as
appropriate, a plan to carry out actions that the agency has identified
pursuant to subsections (b) and (c) of this section, as appropriate and
consistent with applicable law.
Sec. 3. Definition. ``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. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 421]]
against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
Executive Order 13989 of January 20, 2021
Ethics Commitments by Executive Branch Personnel
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, and sections 3301 and 7301 of title 5, United States
Code, it is hereby ordered as follows:
Section 1. Ethics Pledge. Every appointee in every executive agency
appointed on or after January 20, 2021, shall sign, and upon signing
shall be contractually committed to, the following pledge upon becoming
an appointee:
``I recognize that this pledge is part of a broader ethics in government
plan designed to restore and maintain public trust in government, and I
commit myself to conduct consistent with that plan. I commit to
decision-making on the merits and exclusively in the public interest,
without regard to private gain or personal benefit. I commit to conduct
that upholds the independence of law enforcement and precludes improper
interference with investigative or prosecutorial decisions of the
Department of Justice. I commit to ethical choices of post-Government
employment that do not raise the appearance that I have used my
Government service for private gain, including by using confidential
information acquired and relationships established for the benefit of
future clients.
``Accordingly, as a condition, and in consideration, of my employment in
the United States Government in a position invested with the public
trust, I commit myself to the following obligations, which I understand
are binding on me and are enforceable under law:
``1. Lobbyist Gift Ban. I will not accept gifts from registered
lobbyists or lobbying organizations for the duration of my service as an
appointee.
``2. Revolving Door Ban--All Appointees Entering Government. I will not
for a period of 2 years from the date of my appointment participate in
any particular matter involving specific parties that is directly and
substantially related to my former employer or former clients, including
regulations and contracts.
``3. Revolving Door Ban--Lobbyists and Registered Agents Entering
Government. If I was registered under the Lobbying Disclosure Act, 2
U.S.C. 1601 et seq., or the Foreign Agents Registration Act (FARA), 22
U.S.C. 611 et seq., within the 2 years before the date of my
appointment, in addition to abiding by the limitations of paragraph 2, I
will not for a period of 2 years after the date of my appointment:
[[Page 422]]
(a) participate in any particular matter on which I lobbied, or
engaged in registrable activity under FARA, within the 2 years before
the date of my appointment;
(b) participate in the specific issue area in which that particular
matter falls; or
(c) seek or accept employment with any executive agency with respect
to which I lobbied, or engaged in registrable activity under FARA,
within the 2 years before the date of my appointment.
``4. Revolving Door Ban--Appointees Leaving Government. If, upon my
departure from the Government, I am covered by the post-employment
restrictions on communicating with employees of my former executive
agency set forth in section 207(c) of title 18, United States Code, and
its implementing regulations, I agree that I will abide by those
restrictions for a period of 2 years following the end of my
appointment. I will abide by these same restrictions with respect to
communicating with the senior White House staff.
``5. Revolving Door Ban--Senior and Very Senior Appointees Leaving
Government. If, upon my departure from the Government, I am covered by
the post-employment restrictions set forth in sections 207(c) or 207(d)
of title 18, United States Code, and those sections' implementing
regulations, I agree that, in addition, for a period of 1 year following
the end of my appointment, I will not materially assist others in making
communications or appearances that I am prohibited from undertaking
myself by (a) holding myself out as being available to engage in
lobbying activities in support of any such communications or
appearances; or (b) engaging in any such lobbying activities.
``6. Revolving Door Ban--Appointees Leaving Government to Lobby. In
addition to abiding by the limitations of paragraph 4, I also agree,
upon leaving Government service, not to lobby any covered executive
branch official or non-career Senior Executive Service appointee, or
engage in any activity on behalf of any foreign government or foreign
political party which, were it undertaken on January 20, 2021, would
require that I register under FARA, for the remainder of the
Administration or 2 years following the end of my appointment, whichever
is later.
``7. Golden Parachute Ban. I have not accepted and will not accept,
including after entering Government, any salary or other cash payment
from my former employer the eligibility for and payment of which is
limited to individuals accepting a position in the United States
Government. I also have not accepted and will not accept any non-cash
benefit from my former employer that is provided in lieu of such a
prohibited cash payment.
``8. Employment Qualification Commitment. I agree that any hiring or
other employment decisions I make will be based on the candidate's
qualifications, competence, and experience.
``9. Assent to Enforcement. I acknowledge that the Executive Order
entitled `Ethics Commitments by Executive Branch Personnel,' issued by
the President on January 20, 2021, which I have read before signing this
document, defines certain of the terms applicable to the foregoing
obligations and sets forth the methods for enforcing them. I expressly
accept the provisions of that Executive Order as a part of this
agreement and as binding on me. I understand that the terms of this
pledge are in addition to any statutory
[[Page 423]]
or other legal restrictions applicable to me by virtue of Federal
Government service.''
Sec. 2. Definitions. For purposes of this order and the pledge set forth
in section 1 of this order:
(a) ``Executive agency'' shall include each ``executive agency'' as
defined by section 105 of title 5, United States Code, and shall include
the Executive Office of the President; provided, however, that
``executive agency'' shall include the United States Postal Service and
Postal Regulatory Commission, but shall exclude the Government
Accountability Office.
(b) ``Appointee'' shall include every full-time, non-career
Presidential or Vice-Presidential appointee, non-career appointee in the
Senior Executive Service (or other SES-type system), and appointee to a
position that has been excepted from the competitive service by reason
of being of a confidential or policymaking character (Schedule C and
other positions excepted under comparable criteria) in an executive
agency. It does not include any person appointed as a member of the
Senior Foreign Service or solely as a uniformed service commissioned
officer.
(c) ``Gift'':
(i) shall have the definition set forth in section 2635.203(b) of title 5,
Code of Federal Regulations;
(ii) shall include gifts that are solicited or accepted indirectly, as
defined in section 2635.203(f) of title 5, Code of Federal Regulations; and
(iii) shall exclude those items excluded by sections 2635.204(b), (c),
(e)(1) and (3), and (j) through (l) of title 5, Code of Federal
Regulations.
(d) ``Covered executive branch official'' and ``lobbyist'' shall
have the definitions set forth in section 1602 of title 2, United States
Code.
(e) ``Registered lobbyist or lobbying organization'' shall mean a
lobbyist or an organization filing a registration pursuant to section
1603(a) of title 2, United States Code, and in the case of an
organization filing such a registration, ``registered lobbyist'' shall
include each of the lobbyists identified therein.
(f) ``Lobby'' and ``lobbied'' shall mean to act or have acted as a
registered lobbyist.
(g) ``Lobbying activities'' shall have the definition set forth in
section 1602 of title 2, United States Code.
(h) ``Materially assist'' means to provide substantive assistance
but does not include providing background or general education on a
matter of law or policy based upon an individual's subject matter
expertise, nor any conduct or assistance permitted under section 207(j)
of title 18, United States Code.
(i) ``Particular matter'' shall have the same meaning as set forth
in section 207 of title 18, United States Code, and section
2635.402(b)(3) of title 5, Code of Federal Regulations.
(j) ``Particular matter involving specific parties'' shall have the
same meaning as set forth in section 2641.201(h) of title 5, Code of
Federal Regulations, except that it shall also include any meeting or
other communication relating to the performance of one's official duties
with a former employer or former client, unless the communication
applies to a particular
[[Page 424]]
matter of general applicability and participation in the meeting or
other event is open to all interested parties.
(k) ``Former employer'' is any person for whom the appointee has
within the 2 years prior to the date of his or her appointment served as
an employee, officer, director, trustee, or general partner, except that
``former employer'' does not include any executive agency or other
entity of the Federal Government, State or local government, the
District of Columbia, Native American tribe, any United States territory
or possession, or any international organization in which the United
States is a member state.
(l) ``Former client'' is any person for whom the appointee served
personally as agent, attorney, or consultant within the 2 years prior to
the date of his or her appointment, but excluding instances where the
service provided was limited to speeches or similar appearances. It does
not include clients of the appointee's former employer to whom the
appointee did not personally provide services.
(m) ``Directly and substantially related to my former employer or
former clients'' shall mean matters in which the appointee's former
employer or a former client is a party or represents a party.
(n) ``Participate'' means to participate personally and
substantially.
(o) ``Government official'' means any employee of the executive
branch.
(p) ``Administration'' means all terms of office of the incumbent
President serving at the time of the appointment of an appointee covered
by this order.
(q) ``Pledge'' means the ethics pledge set forth in section 1 of
this order.
(r) ``Senior White House staff'' means any person appointed by the
President to a position under sections 105(a)(2)(A) or (B) of title 3,
United States Code, or by the Vice President to a position under
sections 106(a)(1)(A) or (B) of title 3.
(s) All references to provisions of law and regulations shall refer
to such provisions as are in effect on January 20, 2021.
Sec. 3. Waiver. (a) The Director of the Office of Management and Budget
(OMB), in consultation with the Counsel to the President, may grant to
any current or former appointee a written waiver of any restrictions
contained in the pledge signed by such appointee if, and to the extent
that, the Director of OMB certifies in writing:
(i) that the literal application of the restriction is inconsistent with
the purposes of the restriction; or
(ii) that it is in the public interest to grant the waiver. Any such
written waiver should reflect the basis for the waiver and, in the case of
a waiver of the restrictions set forth in paragraphs 3(b) and (c) of the
pledge, a discussion of the findings with respect to the factors set forth
in subsection (b) of this section.
(b) A waiver shall take effect when the certification is signed by
the Director of OMB and shall be made public within 10 days thereafter.
(c) The public interest shall include, but not be limited to,
exigent circumstances relating to national security, the economy, public
health, or the environment. In determining whether it is in the public
interest to grant
[[Page 425]]
a waiver of the restrictions contained in paragraphs 3(b) and (c) of the
pledge, the responsible official may consider the following factors:
(i) the government's need for the individual's services, including the
existence of special circumstances related to national security, the
economy, public health, or the environment;
(ii) the uniqueness of the individual's qualifications to meet the
government's needs;
(iii) the scope and nature of the individual's prior lobbying activities,
including whether such activities were de minimis or rendered on behalf of
a nonprofit organization; and
(iv) the extent to which the purposes of the restriction may be satisfied
through other limitations on the individual's services, such as those
required by paragraph 3(a) of the pledge.
Sec. 4. Administration. (a) The head of every executive agency shall, in
consultation with the Director of the Office of Government Ethics,
establish such rules or procedures (conforming as nearly as practicable
to the agency's general ethics rules and procedures, including those
relating to designated agency ethics officers) as are necessary or
appropriate to ensure:
(i) that every appointee in the agency signs the pledge upon assuming the
appointed office or otherwise becoming an appointee;
(ii) that compliance with paragraph 3 of the pledge is addressed in a
written ethics agreement with each appointee to whom it applies, which
agreement shall also be approved by the Counsel to the President prior to
the appointee commencing work;
(iii) that spousal employment issues and other conflicts not expressly
addressed by the pledge are addressed in ethics agreements with appointees
or, where no such agreements are required, through ethics counseling; and
(iv) that the agency generally complies with this order.
(b) With respect to the Executive Office of the President, the
duties set forth in section 4(a) of this order shall be the
responsibility of the Counsel to the President.
(c) The Director of the Office of Government Ethics shall:
(i) ensure that the pledge and a copy of this order are made available for
use by agencies in fulfilling their duties under section 4(a) of this
order;
(ii) in consultation with the Attorney General or the Counsel to the
President, when appropriate, assist designated agency ethics officers in
providing advice to current or former appointees regarding the application
of the pledge; and
(iii) in consultation with the Attorney General and the Counsel to the
President, adopt such rules or procedures as are necessary or appropriate:
(A) to carry out the foregoing responsibilities;
(B) to authorize limited exceptions to the lobbyist gift ban for
circumstances that do not implicate the purposes of the ban;
[[Page 426]]
(C) to make clear that no person shall have violated the lobbyist gift
ban if the person properly disposes of a gift as provided by section
2635.206 of title 5, Code of Federal Regulations;
(D) to ensure that existing rules and procedures for Government employees
engaged in negotiations for future employment with private businesses that
are affected by the employees' official actions do not affect the integrity
of the Government's programs and operations;
(E) to ensure, in consultation with the Director of the Office of
Personnel Management, that the requirement set forth in paragraph 6 of the
pledge is honored by every employee of the executive branch;
(iv) in consultation with the Director of OMB, report to the President on
whether full compliance is being achieved with existing laws and
regulations governing executive branch procurement lobbying disclosure.
This report shall include recommendations on steps the executive branch can
take to expand, to the fullest extent practicable, disclosure of both
executive branch procurement lobbying and of lobbying for Presidential
pardons. These recommendations shall include both immediate actions the
executive branch can take and, if necessary, recommendations for
legislation; and
(v) provide an annual public report on the administration of the pledge and
this order.
(d) The Director of the Office of Government Ethics shall, in
consultation with the Attorney General, the Counsel to the President,
and the Director of the Office of Personnel Management, report to the
President on steps the executive branch can take to expand to the
fullest extent practicable the revolving door ban set forth in paragraph
5 of the pledge to all executive branch employees who are involved in
the procurement process such that they may not for 2 years after leaving
Government service lobby any Government official regarding a Government
contract that was under their official responsibility in the last 2
years of their Government service. This report shall include both
immediate actions the executive branch can take and, if necessary,
recommendations for legislation.
(e) All pledges signed by appointees, and all waiver certifications
with respect thereto, shall be filed with the head of the appointee's
agency for permanent retention in the appointee's official personnel
folder or equivalent folder.
Sec. 5. Enforcement. (a) The contractual, fiduciary, and ethical
commitments in the pledge provided for herein are solely enforceable by
the United States pursuant to this section by any legally available
means, including debarment proceedings within any affected executive
agency or judicial civil proceedings for declaratory, injunctive, or
monetary relief.
(b) Any former appointee who is determined, after notice and
hearing, by the duly designated authority within any agency, to have
violated his or her pledge may be barred from lobbying any officer or
employee of that agency for up to 5 years in addition to the time period
covered by the pledge. The head of every executive agency shall, in
consultation with the Director of the Office of Government Ethics,
establish procedures to implement this subsection, which procedures
shall include (but not be limited to) providing for fact-finding and
investigation of possible violations of this
[[Page 427]]
order and for referrals to the Attorney General for consideration
pursuant to subsection (c) of this order.
(c) The Attorney General is authorized:
(i) upon receiving information regarding the possible breach of any
commitment in a signed pledge, to request any appropriate Federal
investigative authority to conduct such investigations as may be
appropriate; and
(ii) upon determining that there is a reasonable basis to believe that a
breach of a commitment has occurred or will occur or continue, if not
enjoined, to commence a civil action against the former employee in any
United States District Court with jurisdiction to consider the matter.
(d) In any such civil action, the Attorney General is authorized to
request any and all relief authorized by law, including but not limited
to:
(i) such temporary restraining orders and preliminary and permanent
injunctions as may be appropriate to restrain future, recurring, or
continuing conduct by the former employee in breach of the commitments in
the pledge he or she signed; and
(ii) establishment of a constructive trust for the benefit of the United
States, requiring an accounting and payment to the United States Treasury
of all money and other things of value received by, or payable to, the
former employee arising out of any breach or attempted breach of the pledge
signed by the former employee.
Sec. 6. General Provisions. (a) If any provision of this order or the
application of such provision is held to be invalid, the remainder of
this order and other dissimilar applications of such provision shall not
be affected.
(b) Nothing in this order shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
Executive Order 13990 of January 20, 2021
Protecting Public Health and the Environment and Restoring Science To
Tackle the Climate Crisis
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:
[[Page 428]]
Section 1. Policy. Our Nation has an abiding commitment to empower our
workers and communities; promote and protect our public health and the
environment; and conserve our national treasures and monuments, places
that secure our national memory. Where the Federal Government has failed
to meet that commitment in the past, it must advance environmental
justice. In carrying out this charge, the Federal Government must be
guided by the best science and be protected by processes that ensure the
integrity of Federal decision-making. It is, therefore, the policy of my
Administration to listen to the science; to improve public health and
protect our environment; to ensure access to clean air and water; to
limit exposure to dangerous chemicals and pesticides; to hold polluters
accountable, including those who disproportionately harm communities of
color and low-income communities; to reduce greenhouse gas emissions; to
bolster resilience to the impacts of climate change; to restore and
expand our national treasures and monuments; and to prioritize both
environmental justice and the creation of the well-paying union jobs
necessary to deliver on these goals.
To that end, this order directs all executive departments and agencies
(agencies) to immediately review and, as appropriate and consistent with
applicable law, take action to address the promulgation of Federal
regulations and other actions during the last 4 years that conflict with
these important national objectives, and to immediately commence work to
confront the climate crisis.
Sec. 2. Immediate Review of Agency Actions Taken Between January 20,
2017, and January 20, 2021. (a) The heads of all agencies shall
immediately review all existing regulations, orders, guidance documents,
policies, and any other similar agency actions (agency actions)
promulgated, issued, or adopted between January 20, 2017, and January
20, 2021, that are or may be inconsistent with, or present obstacles to,
the policy set forth in section 1 of this order. For any such actions
identified by the agencies, the heads of agencies shall, as appropriate
and consistent with applicable law, consider suspending, revising, or
rescinding the agency actions. In addition, for the agency actions in
the 4 categories set forth in subsections (i) through (iv) of this
section, the head of the relevant agency, as appropriate and consistent
with applicable law, shall consider publishing for notice and comment a
proposed rule suspending, revising, or rescinding the agency action
within the time frame specified.
(i) Reducing Methane Emissions in the Oil and Gas Sector: ``Oil and Natural
Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources
Reconsideration,'' 85 FR 57398 (September 15, 2020), by September 2021.
(ii) Establishing Ambitious, Job-Creating Fuel Economy Standards: ``The
Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National
Program,'' 84 FR 51310 (September 27, 2019), by April 2021; and ``The Safer
Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026
Passenger Cars and Light Trucks,'' 85 FR 24174 (April 30, 2020), by July
2021. In considering whether to propose suspending, revising, or rescinding
the latter rule, the agency should consider the views of representatives
from labor unions, States, and industry.
(iii) Job-Creating Appliance- and Building-Efficiency Standards: ``Energy
Conservation Program for Appliance Standards: Procedures for Use in New or
Revised Energy Conservation Standards and Test Procedures for
[[Page 429]]
Consumer Products and Commercial/Industrial Equipment,'' 85 FR 8626
(February 14, 2020), with major revisions proposed by March 2021 and any
remaining revisions proposed by June 2021; ``Energy Conservation Program
for Appliance Standards: Procedures for Evaluating Statutory Factors for
Use in New or Revised Energy Conservation Standards,'' 85 FR 50937 (August
19, 2020), with major revisions proposed by March 2021 and any remaining
revisions proposed by June 2021; ``Final Determination Regarding Energy
Efficiency Improvements in the 2018 International Energy Conservation Code
(IECC),'' 84 FR 67435 (December 10, 2019), by May 2021; ``Final
Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES
Standard 90.1-2016: Energy Standard for Buildings, Except Low-Rise
Residential Buildings,'' 83 FR 8463 (February 27, 2018), by May 2021.
(iv) Protecting Our Air from Harmful Pollution: ``National Emission
Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric
Utility Steam Generating Units--Reconsideration of Supplemental Finding and
Residual Risk and Technology Review,'' 85 FR 31286 (May 22, 2020), by
August 2021; ``Increasing Consistency and Transparency in Considering
Benefits and Costs in the Clean Air Act Rulemaking Process,'' 85 FR 84130
(December 23, 2020), as soon as possible; ``Strengthening Transparency in
Pivotal Science Underlying Significant Regulatory Actions and Influential
Scientific Information,'' 86 FR 469 (January 6, 2021), as soon as possible.
(b) Within 30 days of the date of this order, heads of agencies
shall submit to the Director of the Office of Management and Budget
(OMB) a preliminary list of any actions being considered pursuant to
section (2)(a) of this order that would be completed by December 31,
2021, and that would be subject to OMB review. Within 90 days of the
date of this order, heads of agencies shall submit to the Director of
OMB an updated list of any actions being considered pursuant to section
(2)(a) of this order that would be completed by December 31, 2025, and
that would be subject to OMB review. At the time of submission to the
Director of OMB, heads of agencies shall also send each list to the
National Climate Advisor. In addition, and at the same time, heads of
agencies shall send to the National Climate Advisor a list of additional
actions being considered pursuant to section (2)(a) of this order that
would not be subject to OMB review.
(c) Heads of agencies shall, as appropriate and consistent with
applicable law, consider whether to take any additional agency actions
to fully enforce the policy set forth in section 1 of this order. With
respect to the Administrator of the Environmental Protection Agency, the
following specific actions should be considered:
(i) proposing new regulations to establish comprehensive standards of
performance and emission guidelines for methane and volatile organic
compound emissions from existing operations in the oil and gas sector,
including the exploration and production, transmission, processing, and
storage segments, by September 2021; and
(ii) proposing a Federal Implementation Plan in accordance with the
Environmental Protection Agency's ``Findings of Failure To Submit State
Implementation Plan Revisions in Response to the 2016 Oil and Natural Gas
Industry Control Techniques Guidelines for the 2008 Ozone National Ambient
Air Quality Standards (NAAQS) and for States in the Ozone
[[Page 430]]
Transport Region,'' 85 FR 72963 (November 16, 2020), for California,
Connecticut, New York, Pennsylvania, and Texas by January 2022.
(d) The Attorney General may, as appropriate and consistent with
applicable law, provide notice of this order and any actions taken
pursuant to section 2(a) of this order to any court with jurisdiction
over pending litigation related to those agency actions identified
pursuant to section (2)(a) of this order, and may, in his discretion,
request that the court stay or otherwise dispose of litigation, or seek
other appropriate relief consistent with this order, until the
completion of the processes described in this order.
(e) In carrying out the actions directed in this section, heads of
agencies shall seek input from the public and stakeholders, including
State local, Tribal, and territorial officials, scientists, labor
unions, environmental advocates, and environmental justice
organizations.
Sec. 3. Restoring National Monuments. (a) The Secretary of the Interior,
as appropriate and consistent with applicable law, including the
Antiquities Act, 54 U.S.C. 320301 et seq., shall, in consultation with
the Attorney General, the Secretaries of Agriculture and Commerce, the
Chair of the Council on Environmental Quality, and Tribal governments,
conduct a review of the monument boundaries and conditions that were
established by Proclamation 9681 of December 4, 2017 (Modifying the
Bears Ears National Monument); Proclamation 9682 of December 4, 2017
(Modifying the Grand Staircase-Escalante National Monument); and
Proclamation 10049 of June 5, 2020 (Modifying the Northeast Canyons and
Seamounts Marine National Monument), to determine whether restoration of
the monument boundaries and conditions that existed as of January 20,
2017, would be appropriate.
(b) Within 60 days of the date of this order, the Secretary of the
Interior shall submit a report to the President summarizing the findings
of the review conducted pursuant to subsection (a), which shall include
recommendations for such Presidential actions or other actions
consistent with law as the Secretary may consider appropriate to carry
out the policy set forth in section 1 of this order.
(c) The Attorney General may, as appropriate and consistent with
applicable law, provide notice of this order to any court with
jurisdiction over pending litigation related to the Grand Staircase-
Escalante, Bears Ears, and Northeast Canyons and Seamounts Marine
National Monuments, and may, in his discretion, request that the court
stay the litigation or otherwise delay further litigation, or seek other
appropriate relief consistent with this order, pending the completion of
the actions described in subsection (a) of this section.
Sec. 4. Arctic Refuge. (a) In light of the alleged legal deficiencies
underlying the program, including the inadequacy of the environmental
review required by the National Environmental Policy Act, the Secretary
of the Interior shall, as appropriate and consistent with applicable
law, place a temporary moratorium on all activities of the Federal
Government relating to the implementation of the Coastal Plain Oil and
Gas Leasing Program, as established by the Record of Decision signed
August 17, 2020, in the Arctic National Wildlife Refuge. The Secretary
shall review the program and, as appropriate and consistent with
applicable law, conduct a new, comprehensive analysis of the potential
environmental impacts of the oil and gas program.
[[Page 431]]
(b) In Executive Order 13754 of December 9, 2016 (Northern Bering
Sea Climate Resilience), and in the Presidential Memorandum of December
20, 2016 (Withdrawal of Certain Portions of the United States Arctic
Outer Continental Shelf From Mineral Leasing), President Obama withdrew
areas in Arctic waters and the Bering Sea from oil and gas drilling and
established the Northern Bering Sea Climate Resilience Area.
Subsequently, the order was revoked and the memorandum was amended in
Executive Order 13795 of April 28, 2017 (Implementing an America-First
Offshore Energy Strategy). Pursuant to section 12(a) of the Outer
Continental Shelf Lands Act, 43 U.S.C. 1341(a), Executive Order 13754
and the Presidential Memorandum of December 20, 2016, are hereby
reinstated in their original form, thereby restoring the original
withdrawal of certain offshore areas in Arctic waters and the Bering Sea
from oil and gas drilling.
(c) The Attorney General may, as appropriate and consistent with
applicable law, provide notice of this order to any court with
jurisdiction over pending litigation related to the Coastal Plain Oil
and Gas Leasing Program in the Arctic National Wildlife Refuge and other
related programs, and may, in his discretion, request that the court
stay the litigation or otherwise delay further litigation, or seek other
appropriate relief consistent with this order, pending the completion of
the actions described in subsection (a) of this section.
Sec. 5. Accounting for the Benefits of Reducing Climate Pollution. (a)
It is essential that agencies capture the full costs of greenhouse gas
emissions as accurately as possible, including by taking global damages
into account. Doing so facilitates sound decision-making, recognizes the
breadth of climate impacts, and supports the international leadership of
the United States on climate issues. The ``social cost of carbon''
(SCC), ``social cost of nitrous oxide'' (SCN), and ``social cost of
methane'' (SCM) are estimates of the monetized damages associated with
incremental increases in greenhouse gas emissions. They are intended to
include changes in net agricultural productivity, human health, property
damage from increased flood risk, and the value of ecosystem services.
An accurate social cost is essential for agencies to accurately
determine the social benefits of reducing greenhouse gas emissions when
conducting cost-benefit analyses of regulatory and other actions.
(b) There is hereby established an Interagency Working Group on the
Social Cost of Greenhouse Gases (the ``Working Group''). The Chair of
the Council of Economic Advisers, Director of OMB, and Director of the
Office of Science and Technology Policy shall serve as Co-Chairs of the
Working Group.
(i) Membership. The Working Group shall also include the following other
officers, or their designees: the Secretary of the Treasury; the Secretary
of the Interior; the Secretary of Agriculture; the Secretary of Commerce;
the Secretary of Health and Human Services; the Secretary of
Transportation; the Secretary of Energy; the Chair of the Council on
Environmental Quality; the Administrator of the Environmental Protection
Agency; the Assistant to the President and National Climate Advisor; and
the Assistant to the President for Economic Policy and Director of the
National Economic Council.
(ii) Mission and Work. The Working Group shall, as appropriate and
consistent with applicable law:
[[Page 432]]
(A) publish an interim SCC, SCN, and SCM within 30 days of the date of
this order, which agencies shall use when monetizing the value of changes
in greenhouse gas emissions resulting from regulations and other relevant
agency actions until final values are published;
(B) publish a final SCC, SCN, and SCM by no later than January 2022;
(C) provide recommendations to the President, by no later than September
1, 2021, regarding areas of decision-making, budgeting, and procurement by
the Federal Government where the SCC, SCN, and SCM should be applied;
(D) provide recommendations, by no later than June 1, 2022, regarding a
process for reviewing, and, as appropriate, updating, the SCC, SCN, and SCM
to ensure that these costs are based on the best available economics and
science; and
(E) provide recommendations, to be published with the final SCC, SCN, and
SCM under subparagraph (A) if feasible, and in any event by no later than
June 1, 2022, to revise methodologies for calculating the SCC, SCN, and
SCM, to the extent that current methodologies do not adequately take
account of climate risk, environmental justice, and intergenerational
equity.
(iii) Methodology. In carrying out its activities, the Working Group shall
consider the recommendations of the National Academies of Science,
Engineering, and Medicine as reported in Valuing Climate Damages: Updating
Estimation of the Social Cost of Carbon Dioxide (2017) and other pertinent
scientific literature; solicit public comment; engage with the public and
stakeholders; seek the advice of ethics experts; and ensure that the SCC,
SCN, and SCM reflect the interests of future generations in avoiding
threats posed by climate change.
Sec. 6. Revoking the March 2019 Permit for the Keystone XL Pipeline. (a)
On March 29, 2019, the President granted to TransCanada Keystone
Pipeline, L.P. a Presidential permit (the ``Permit'') to construct,
connect, operate, and maintain pipeline facilities at the international
border of the United States and Canada (the ``Keystone XL pipeline''),
subject to express conditions and potential revocation in the
President's sole discretion. The Permit is hereby revoked in accordance
with Article 1(1) of the Permit.
(b) In 2015, following an exhaustive review, the Department of State
and the President determined that approving the proposed Keystone XL
pipeline would not serve the U.S. national interest. That analysis, in
addition to concluding that the significance of the proposed pipeline
for our energy security and economy is limited, stressed that the United
States must prioritize the development of a clean energy economy, which
will in turn create good jobs. The analysis further concluded that
approval of the proposed pipeline would undermine U.S. climate
leadership by undercutting the credibility and influence of the United
States in urging other countries to take ambitious climate action.
(c) Climate change has had a growing effect on the U.S. economy,
with climate-related costs increasing over the last 4 years. Extreme
weather events and other climate-related effects have harmed the health,
safety, and security of the American people and have increased the
urgency for combatting climate change and accelerating the transition
toward a clean energy economy. The world must be put on a sustainable
climate pathway
[[Page 433]]
to protect Americans and the domestic economy from harmful climate
impacts, and to create well-paying union jobs as part of the climate
solution.
(d) The Keystone XL pipeline disserves the U.S. national interest.
The United States and the world face a climate crisis. That crisis must
be met with action on a scale and at a speed commensurate with the need
to avoid setting the world on a dangerous, potentially catastrophic,
climate trajectory. At home, we will combat the crisis with an ambitious
plan to build back better, designed to both reduce harmful emissions and
create good clean-energy jobs. Our domestic efforts must go hand in hand
with U.S. diplomatic engagement. Because most greenhouse gas emissions
originate beyond our borders, such engagement is more necessary and
urgent than ever. The United States must be in a position to exercise
vigorous climate leadership in order to achieve a significant increase
in global climate action and put the world on a sustainable climate
pathway. Leaving the Keystone XL pipeline permit in place would not be
consistent with my Administration's economic and climate imperatives.
Sec. 7. Other Revocations. (a) Executive Order 13766 of January 24, 2017
(Expediting Environmental Reviews and Approvals For High Priority
Infrastructure Projects), Executive Order 13778 of February 28, 2017
(Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing
the ``Waters of the United States'' Rule), Executive Order 13783 of
March 28, 2017 (Promoting Energy Independence and Economic Growth),
Executive Order 13792 of April 26, 2017 (Review of Designations Under
the Antiquities Act), Executive Order 13795 of April 28, 2017
(Implementing an America-First Offshore Energy Strategy), Executive
Order 13868 of April 10, 2019 (Promoting Energy Infrastructure and
Economic Growth), and Executive Order 13927 of June 4, 2020
(Accelerating the Nation's Economic Recovery from the COVID-19 Emergency
by Expediting Infrastructure Investments and Other Activities), are
hereby revoked. Executive Order 13834 of May 17, 2018 (Efficient Federal
Operations), is hereby revoked except for sections 6, 7, and 11.
(b) Executive Order 13807 of August 15, 2017 (Establishing
Discipline and Accountability in the Environmental Review and Permitting
Process for Infrastructure Projects), is hereby revoked. The Director of
OMB and the Chair of the Council on Environmental Quality shall jointly
consider whether to recommend that a replacement order be issued.
(c) Executive Order 13920 of May 1, 2020 (Securing the United States
Bulk-Power System), is hereby suspended for 90 days. The Secretary of
Energy and the Director of OMB shall jointly consider whether to
recommend that a replacement order be issued.
(d) The Presidential Memorandum of April 12, 2018 (Promoting
Domestic Manufacturing and Job Creation Policies and Procedures Relating
to Implementation of Air Quality Standards), the Presidential Memorandum
of October 19, 2018 (Promoting the Reliable Supply and Delivery of Water
in the West), and the Presidential Memorandum of February 19, 2020
(Developing and Delivering More Water Supplies in California), are
hereby revoked.
(e) The Council on Environmental Quality shall rescind its draft
guidance entitled, ``Draft National Environmental Policy Act Guidance on
Consideration of Greenhouse Gas Emissions,'' 84 FR 30097 (June 26,
2019). The Council, as appropriate and consistent with applicable law,
shall review,
[[Page 434]]
revise, and update its final guidance entitled, ``Final Guidance for
Federal Departments and Agencies on Consideration of Greenhouse Gas
Emissions and the Effects of Climate Change in National Environmental
Policy Act Reviews,'' 81 FR 51866 (August 5, 2016).
(f) The Director of OMB and the heads of agencies shall promptly
take steps to rescind any orders, rules, regulations, guidelines, or
policies, or portions thereof, including, if necessary, by proposing
such rescissions through notice-and-comment rulemaking, implementing or
enforcing the Executive Orders, Presidential Memoranda, and draft
guidance identified in this section, as appropriate and consistent with
applicable law.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
Executive Order 13991 of January 20, 2021
Protecting the Federal Workforce and Requiring Mask-Wearing
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7902(c) of title
5, United States Code, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration to halt the
spread of coronavirus disease 2019 (COVID-19) by relying on the best
available data and science-based public health measures. Such measures
include wearing masks when around others, physical distancing, and other
related precautions recommended by the Centers for Disease Control and
Prevention (CDC). Put simply, masks and other public health measures
reduce the spread of the disease, particularly when communities make
widespread use of such measures, and thus save lives.
Accordingly, to protect the Federal workforce and individuals
interacting with the Federal workforce, and to ensure the continuity of
Government services and activities, on-duty or on-site Federal
employees, on-site Federal contractors, and other individuals in Federal
buildings and on Federal
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lands should all wear masks, maintain physical distance, and adhere to
other public health measures, as provided in CDC guidelines.
Sec. 2. Immediate Action Regarding Federal Employees, Contractors,
Buildings, and Lands. (a) The heads of executive departments and
agencies (agencies) shall immediately take action, as appropriate and
consistent with applicable law, to require compliance with CDC
guidelines with respect to wearing masks, maintaining physical distance,
and other public health measures by: on-duty or on-site Federal
employees; on-site Federal contractors; and all persons in Federal
buildings or on Federal lands.
(b) The Director of the Office of Management and Budget (OMB), the
Director of the Office of Personnel Management (OPM), and the
Administrator of General Services, in coordination with the President's
Management Council and the Coordinator of the COVID-19 Response and
Counselor to the President (COVID-19 Response Coordinator), shall
promptly issue guidance to assist heads of agencies with implementation
of this section.
(c) Heads of agencies shall promptly consult, as appropriate, with
State, local, Tribal, and territorial government officials, Federal
employees, Federal employee unions, Federal contractors, and any other
interested parties concerning the implementation of this section.
(d) Heads of agencies may make categorical or case-by-case
exceptions in implementing subsection (a) of this section to the extent
that doing so is necessary or required by law, and consistent with
applicable law. If heads of agencies make such exceptions, they shall
require appropriate alternative safeguards, such as additional physical
distancing measures, additional testing, or reconfiguration of
workspace, consistent with applicable law. Heads of agencies shall
document all exceptions in writing.
(e) Heads of agencies shall review their existing authorities and,
to the extent permitted by law and subject to the availability of
appropriations and resources, seek to provide masks to individuals in
Federal buildings when needed.
(f) The COVID-19 Response Coordinator shall coordinate the
implementation of this section. Heads of the agencies listed in 31
U.S.C. 901(b) shall update the COVID-19 Response Coordinator on their
progress in implementing this section, including any categorical
exceptions established under subsection (d) of this section, within 7
days of the date of this order and regularly thereafter. Heads of
agencies are encouraged to bring to the attention of the COVID-19
Response Coordinator any questions regarding the scope or implementation
of this section.
Sec. 3. Encouraging Masking Across America. (a) The Secretary of Health
and Human Services (HHS), including through the Director of CDC, shall
engage, as appropriate, with State, local, Tribal, and territorial
officials, as well as business, union, academic, and other community
leaders, regarding mask-wearing and other public health measures, with
the goal of maximizing public compliance with, and addressing any
obstacles to, mask-wearing and other public health best practices
identified by CDC.
(b) The COVID-19 Response Coordinator, in coordination with the
Secretary of HHS, the Secretary of Homeland Security, and the heads of
other relevant agencies, shall promptly identify and inform agencies of
options to incentivize, support, and encourage widespread mask-wearing
consistent with CDC guidelines and applicable law.
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Sec. 4. Safer Federal Workforce Task Force.
(a) Establishment. There is hereby established the Safer Federal
Workforce Task Force (Task Force).
(b) Membership. The Task Force shall consist of the following
members:
(i) the Director of OPM, who shall serve as Co-Chair;
(ii) the Administrator of General Services, who shall serve as Co-Chair;
(iii) the COVID-19 Response Coordinator, who shall serve as Co-Chair;
(iv) the Director of OMB;
(v) the Director of the Federal Protective Service;
(vi) the Director of the United States Secret Service;
(vii) the Administrator of the Federal Emergency Management Agency;
(viii) the Director of CDC; and
(ix) the heads of such other agencies as the Co-Chairs may individually or
jointly invite to participate.
(c) Organization. A member of the Task Force may designate, to
perform the Task Force functions of the member, a senior-level official
who is a full-time officer or employee of the member's agency. At the
direction of the Co-Chairs, the Task Force may establish subgroups
consisting exclusively of Task Force members or their designees, as
appropriate.
(d) Administration. The General Services Administration shall
provide funding and administrative support for the Task Force to the
extent permitted by law and within existing appropriations. The Co-
Chairs shall convene regular meetings of the Task Force, determine its
agenda, and direct its work.
(e) Mission. The Task Force shall provide ongoing guidance to heads
of agencies on the operation of the Federal Government, the safety of
its employees, and the continuity of Government functions during the
COVID-19 pandemic. Such guidance shall be based on public health best
practices as determined by CDC and other public health experts, and
shall address, at a minimum, the following subjects as they relate to
the Federal workforce:
(i) testing methodologies and protocols;
(ii) case investigation and contact tracing;
(iii) requirements of and limitations on physical distancing, including
recommended occupancy and density standards;
(iv) equipment needs and requirements, including personal protective
equipment;
(v) air filtration;
(vi) enhanced environmental disinfection and cleaning;
(vii) safe commuting and telework options;
(viii) enhanced technological infrastructure to support telework;
(ix) vaccine prioritization, distribution, and administration;
(x) approaches for coordinating with State, local, Tribal, and territorial
health officials, as well as business, union, academic, and other community
leaders;
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(xi) any management infrastructure needed by agencies to implement public
health guidance; and
(xii) circumstances under which exemptions might appropriately be made to
agency policies in accordance with CDC guidelines, such as for mission-
critical purposes.
(f) Agency Cooperation. The head of each agency listed in 31 U.S.C.
901(b) shall, consistent with applicable law, promptly provide the Task
Force a report on COVID-19 safety protocols, safety plans, or guidance
regarding the operation of the agency and the safety of its employees,
and any other information that the head of the agency deems relevant to
the Task Force's work.
Sec. 5. Federal Employee Testing. The Secretary of HHS, through the
Director of CDC, shall promptly develop and submit to the COVID-19
Response Coordinator a testing plan for the Federal workforce. This plan
shall be based on community transmission metrics and address the
populations to be tested, testing types, frequency of testing, positive
case protocols, and coordination with local public health authorities
for contact tracing.
Sec. 6. Research and Development. The Director of the Office of Science
and Technology Policy, in consultation with the Secretary of HHS
(through the National Science and Technology Council), the Director of
OMB, the Director of CDC, the Director of the National Institutes of
Health, the Director of the National Science Foundation, and the heads
of any other appropriate agencies, shall assess the availability of
Federal research grants to study best practices for implementing, and
innovations to better implement, effective mask-wearing and physical
distancing policies, with respect to both the Federal workforce and the
general public.
Sec. 7. Scope. (a) For purposes of this order:
(i) ``Federal employees'' and ``Federal contractors'' mean employees
(including members of the Armed Forces and members of the National Guard in
Federal service) and contractors (including such contractors' employees)
working for the executive branch;
(ii) ``Federal buildings'' means buildings, or office space within
buildings, owned, rented, or leased by the executive branch of which a
substantial portion of occupants are Federal employees or Federal
contractors; and
(iii) ``Federal lands'' means lands under executive branch control.
(b) The Director of OPM and the Administrator of General Services
shall seek to consult, in coordination with the heads of any other
relevant agencies and the COVID-19 Response Coordinator, with the
Sergeants at Arms of the Senate and the House of Representatives and the
Director of the Administrative Office of the United States Courts (or
such other persons designated by the Majority and Minority Leaders of
the Senate, the Speaker and Minority Leader of the House, or the Chief
Justice of the United States, respectively), to promote mask-wearing,
physical distancing, and adherence to other public health measures
within the legislative and judicial branches, and shall provide
requested technical assistance as needed to facilitate compliance with
CDC guidelines.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
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(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) Independent agencies are strongly encouraged to comply with the
requirements of this order.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
Executive Order 13992 of January 20, 2021
Revocation of Certain Executive Orders Concerning Federal Regulation
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. Policy. It is the policy of my Administration to use
available tools to confront the urgent challenges facing the Nation,
including the coronavirus disease 2019 (COVID-19) pandemic, economic
recovery, racial justice, and climate change. To tackle these challenges
effectively, executive departments and agencies (agencies) must be
equipped with the flexibility to use robust regulatory action to address
national priorities. This order revokes harmful policies and directives
that threaten to frustrate the Federal Government's ability to confront
these problems, and empowers agencies to use appropriate regulatory
tools to achieve these goals.
Sec. 2. Revocation of Orders. Executive Order 13771 of January 30, 2017
(Reducing Regulation and Controlling Regulatory Costs), Executive Order
13777 of February 24, 2017 (Enforcing the Regulatory Reform Agenda),
Executive Order 13875 of June 14, 2019 (Evaluating and Improving the
Utility of Federal Advisory Committees), Executive Order 13891 of
October 9, 2019 (Promoting the Rule of Law Through Improved Agency
Guidance Documents), Executive Order 13892 of October 9, 2019 (Promoting
the Rule of Law Through Transparency and Fairness in Civil
Administrative Enforcement and Adjudication), and Executive Order 13893
of October 10, 2019 (Increasing Government Accountability for
Administrative Actions by Reinvigorating Administrative PAYGO), are
hereby revoked.
Sec. 3. Implementation. The Director of the Office of Management and
Budget and the heads of agencies shall promptly take steps to rescind
any orders, rules, regulations, guidelines, or policies, or portions
thereof, implementing or enforcing the Executive Orders identified in
section 2 of this
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order, as appropriate and consistent with applicable law, including the
Administrative Procedure Act, 5 U.S.C. 551 et seq. If in any case such
rescission cannot be finalized immediately, the Director and the heads
of agencies shall promptly take steps to provide all available
exemptions authorized by any such orders, rules, regulations,
guidelines, or policies, as appropriate and consistent with applicable
law. In addition, any personnel positions, committees, task forces, or
other entities established pursuant to the Executive Orders identified
in section 2 of this order, including the regulatory reform officer
positions and regulatory reform task forces established by sections 2
and 3 of Executive Order 13777, shall be abolished, as appropriate and
consistent with applicable law.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
Executive Order 13993 of January 20, 2021
Revision of Civil Immigration Enforcement Policies and Priorities
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. Immigrants have helped strengthen America's families,
communities, businesses and workforce, and economy, infusing the United
States with creativity, energy, and ingenuity. The task of enforcing the
immigration laws is complex and requires setting priorities to best
serve the national interest. The policy of my Administration is to
protect national and border security, address the humanitarian
challenges at the southern border, and ensure public health and safety.
We must also adhere to due process of law as we safeguard the dignity
and well-being of all families and communities. My Administration will
reset the policies and practices for enforcing civil immigration laws to
align enforcement with these values and priorities.
Sec. 2. Revocation. Executive Order 13768 of January 25, 2017 (Enhancing
Public Safety in the Interior of the United States), is hereby revoked.
The
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Secretary of State, the Attorney General, the Secretary of Homeland
Security, the Director of the Office of Management and Budget, the
Director of the Office of Personnel Management, and the heads of any
other relevant executive departments and agencies (agencies) shall
review any agency actions developed pursuant to Executive Order 13768
and take action, including issuing revised guidance, as appropriate and
consistent with applicable law, that advances the policy set forth in
section 1 of this order.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 20, 2021.
Executive Order 13994 of January 21, 2021
Ensuring a Data-Driven Response to COVID-19 and Future High-Consequence
Public Health Threats
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration to respond to
the coronavirus disease 2019 (COVID-19) pandemic through effective
approaches guided by the best available science and data, including by
building back a better public health infrastructure. This stronger
public health infrastructure must help the Nation effectively prevent,
detect, and respond to future biological threats, both domestically and
internationally.
Consistent with this policy, the heads of all executive departments and
agencies (agencies) shall facilitate the gathering, sharing, and
publication of COVID-19-related data, in coordination with the
Coordinator of the COVID-19 Response and Counselor to the President
(COVID-19 Response Coordinator), to the extent permitted by law, and
with appropriate protections for confidentiality, privacy, law
enforcement, and national security. These efforts shall assist Federal,
State, local, Tribal, and territorial authorities in developing and
implementing policies to facilitate informed community decision-making,
to further public understanding of the pandemic and the response, and to
deter the spread of misinformation and disinformation.
[[Page 441]]
Sec. 2. Enhancing Data Collection and Collaboration Capabilities for
High-Consequence Public Health Threats, Such as the COVID-19 Pandemic.
(a) The Secretary of Defense, the Attorney General, the Secretary of
Commerce, the Secretary of Labor, the Secretary of Health and Human
Services (HHS), the Secretary of Education, the Director of the Office
of Management and Budget (OMB), the Director of National Intelligence,
the Director of the Office of Science and Technology Policy (OSTP), and
the Director of the National Science Foundation shall each promptly
designate a senior official to serve as their agency's lead to work on
COVID-19- and pandemic-related data issues. This official, in
consultation with the COVID-19 Response Coordinator, shall take steps to
make data relevant to high-consequence public health threats, such as
the COVID-19 pandemic, publicly available and accessible.
(b) The COVID-19 Response Coordinator shall, as necessary, convene
appropriate representatives from relevant agencies to coordinate the
agencies' collection, provision, and analysis of data, including key
equity indicators, regarding the COVID-19 response, as well as their
sharing of such data with State, local, Tribal, and territorial
authorities.
(c) The Director of OMB, in consultation with the Director of OSTP,
the United States Chief Technology Officer, and the COVID-19 Response
Coordinator, shall promptly review the Federal Government's existing
approaches to open data, and shall issue supplemental guidance, as
appropriate and consistent with applicable law, concerning how to de-
identify COVID-19-related data; how to make data open to the public in
human- and machine-readable formats as rapidly as possible; and any
other topic the Director of OMB concludes would appropriately advance
the policy of this order. Any guidance shall include appropriate
protections for the information described in section 5 of this order.
(d) The Director of the Office of Personnel Management, in
consultation with the Director of OMB, shall promptly:
(i) review the ability of agencies to hire personnel expeditiously into
roles related to information technology and the collection, provision,
analysis, or other use of data to address high-consequence public health
threats, such as the COVID-19 pandemic; and
(ii) take action, as appropriate and consistent with applicable law, to
support agencies in such efforts.
Sec. 3. Public Health Data Systems. The Secretary of HHS, in
consultation with the COVID-19 Response Coordinator and the heads of
relevant agencies, shall promptly:
(a) review the effectiveness, interoperability, and connectivity of
public health data systems supporting the detection of and response to
high-consequence public health threats, such as the COVID-19 pandemic;
(b) review the collection of morbidity and mortality data by State,
local, Tribal, and territorial governments during high-consequence
public health threats, such as the COVID-19 pandemic; and
(c) issue a report summarizing the findings of the reviews detailed
in subsections (a) and (b) of this section and any recommendations for
addressing areas for improvement identified in the reviews.
Sec. 4. Advancing Innovation in Public Health Data and Analytics. The
Director of OSTP, in coordination with the National Science and
Technology
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Council, as appropriate, shall develop a plan for advancing innovation
in public health data and analytics in the United States.
Sec. 5. Privileged Information. Nothing in this order shall compel or
authorize the disclosure of privileged information, law-enforcement
information, national-security information, personal information, or
information the disclosure of which is prohibited by law.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 21, 2021.
Executive Order 13995 of January 21, 2021
Ensuring an Equitable Pandemic Response and Recovery
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to address the
disproportionate and severe impact of coronavirus disease 2019 (COVID-
19) on communities of color and other underserved populations, it is
hereby ordered as follows:
Section 1. Purpose. The COVID-19 pandemic has exposed and exacerbated
severe and pervasive health and social inequities in America. For
instance, people of color experience systemic and structural racism in
many facets of our society and are more likely to become sick and die
from COVID-19. The lack of complete data, disaggregated by race and
ethnicity, on COVID-19 infection, hospitalization, and mortality rates,
as well as underlying health and social vulnerabilities, has further
hampered efforts to ensure an equitable pandemic response. Other
communities, often obscured in the data, are also disproportionately
affected by COVID-19, including sexual and gender minority groups, those
living with disabilities, and those living at the margins of our
economy. Observed inequities in rural and Tribal communities,
territories, and other geographically isolated communities require a
place-based approach to data collection and the response. Despite
increased State and local efforts to address these inequities, COVID-
19's disparate impact on communities of color and other underserved
populations remains unrelenting.
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Addressing this devastating toll is both a moral imperative and
pragmatic policy. It is impossible to change the course of the pandemic
without tackling it in the hardest-hit communities. In order to identify
and eliminate health and social inequities resulting in
disproportionately higher rates of exposure, illness, and death, I am
directing a Government-wide effort to address health equity. The Federal
Government must take swift action to prevent and remedy differences in
COVID-19 care and outcomes within communities of color and other
underserved populations.
Sec. 2. COVID-19 Health Equity Task Force. There is established within
the Department of Health and Human Services (HHS) a COVID-19 Health
Equity Task Force (Task Force).
(a) Membership. The Task Force shall consist of the Secretary of
HHS; an individual designated by the Secretary of HHS to Chair the Task
Force (COVID-19 Health Equity Task Force Chair); the heads of such other
executive departments, agencies, or offices (agencies) as the Chair may
invite; and up to 20 members from sectors outside of the Federal
Government appointed by the President.
(i) Federal members may designate, to perform the Task Force functions of
the member, a senior-level official who is a part of the member's agency
and a full-time officer or employee of the Federal Government.
(ii) Nonfederal members shall include individuals with expertise and lived
experience relevant to groups suffering disproportionate rates of illness
and death in the United States; individuals with expertise and lived
experience relevant to equity in public health, health care, education,
housing, and community-based services; and any other individuals with
expertise the President deems relevant. Appointments shall be made without
regard to political affiliation and shall reflect a diverse set of
perspectives.
(iii) Members of the Task Force shall serve without compensation for their
work on the Task Force, but members 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).
(iv) At the direction of the Chair, the Task Force may establish subgroups
consisting exclusively of Task Force members or their designees under this
section, as appropriate.
(b) Mission and Work.
(i) Consistent with applicable law and as soon as practicable, the Task
Force shall provide specific recommendations to the President, through the
Coordinator of the COVID-19 Response and Counselor to the President (COVID-
19 Response Coordinator), for mitigating the health inequities caused or
exacerbated by the COVID-19 pandemic and for preventing such inequities in
the future. The recommendations shall include:
(A) recommendations for how agencies and State, local, Tribal, and
territorial officials can best allocate COVID-19 resources, in light of
disproportionately high rates of COVID-19 infection, hospitalization, and
mortality in certain communities and disparities in COVID-19 outcomes by
race, ethnicity, and other factors, to the extent permitted by law;
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(B) recommendations for agencies with responsibility for disbursing
COVID-19 relief funding regarding how to disburse funds in a manner that
advances equity; and
(C) recommendations for agencies regarding effective, culturally aligned
communication, messaging, and outreach to communities of color and other
underserved populations.
(ii) The Task Force shall submit a final report to the COVID-19 Response
Coordinator addressing any ongoing health inequities faced by COVID-19
survivors that may merit a public health response, describing the factors
that contributed to disparities in COVID-19 outcomes, and recommending
actions to combat such disparities in future pandemic responses.
(c) Data Collection. To address the data shortfalls identified in
section 1 of this order, and consistent with applicable law, the Task
Force shall:
(i) collaborate with the heads of relevant agencies, consistent with the
Executive Order entitled ``Ensuring a Data-Driven Response to COVID-19 and
Future High-Consequence Public Health Threats,'' to develop recommendations
for expediting data collection for communities of color and other
underserved populations and identifying data sources, proxies, or indices
that would enable development of short-term targets for pandemic-related
actions for such communities and populations;
(ii) develop, in collaboration with the heads of relevant agencies, a set
of longer-term recommendations to address these data shortfalls and other
foundational data challenges, including those relating to data
intersectionality, that must be tackled in order to better prepare and
respond to future pandemics; and
(iii) submit the recommendations described in this subsection to the
President, through the COVID-19 Response Coordinator.
(d) External Engagement. Consistent with the objectives set out in
this order and with applicable law, the Task Force may seek the views of
health professionals; policy experts; State, local, Tribal, and
territorial health officials; faith-based leaders; businesses; health
providers; community organizations; those with lived experience with
homelessness, incarceration, discrimination, and other relevant issues;
and other stakeholders.
(e) Administration. Insofar as the Federal Advisory Committee Act,
as amended (5 U.S.C. App.), may apply to the Task Force, any functions
of the President under the Act, except for those in section 6 of the
Act, shall be performed by the Secretary of HHS in accordance with the
guidelines that have been issued by the Administrator of General
Services. HHS shall provide funding and administrative support for the
Task Force to the extent permitted by law and within existing
appropriations. The Chair shall convene regular meetings of the Task
Force, determine its agenda, and direct its work. The Chair shall
designate an Executive Director of the Task Force, who shall coordinate
the work of the Task Force and head any staff assigned to the Task
Force.
(f) Termination. Unless extended by the President, the Task Force
shall terminate within 30 days of accomplishing the objectives set forth
in this order, including the delivery of the report and recommendations
specified in this section, or 2 years from the date of this order,
whichever comes first.
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Sec. 3. Ensuring an Equitable Pandemic Response. To address the
inequities identified in section 1 of this order, it is hereby directed
that:
(a) The Secretary of Agriculture, the Secretary of Labor, the
Secretary of HHS, the Secretary of Housing and Urban Development, the
Secretary of Education, the Administrator of the Environmental
Protection Agency, and the heads of all other agencies with authorities
or responsibilities relating to the pandemic response and recovery
shall, as appropriate and consistent with applicable law:
(i) consult with the Task Force to strengthen equity data collection,
reporting, and use related to COVID-19;
(ii) assess pandemic response plans and policies to determine whether
personal protective equipment, tests, vaccines, therapeutics, and other
resources have been or will be allocated equitably, including by
considering:
(A) the disproportionately high rates of COVID-19 infection,
hospitalization, and mortality in certain communities; and
(B) any barriers that have restricted access to preventive measures,
treatment, and other health services for high-risk populations;
(iii) based on the assessments described in subsection (a)(ii) of this
section, modify pandemic response plans and policies to advance equity,
with consideration to:
(A) the effect of proposed policy changes on the distribution of
resources to, and access to health care by, communities of color and other
underserved populations;
(B) the effect of proposed policy changes on agencies' ability to
collect, analyze, and report data necessary to monitor and evaluate the
impact of pandemic response plans and policies on communities of color and
other underserved populations; and
(C) policy priorities expressed by communities that have suffered
disproportionate rates of illness and death as a result of the pandemic;
(iv) strengthen enforcement of anti-discrimination requirements pertaining
to the availability of, and access to, COVID-19 care and treatment; and
(v) partner with States, localities, Tribes, and territories to explore
mechanisms to provide greater assistance to individuals and families
experiencing disproportionate economic or health effects from COVID-19,
such as by expanding access to food, housing, child care, or income
support.
(b) The Secretary of HHS shall:
(i) provide recommendations to State, local, Tribal, and territorial
leaders on how to facilitate the placement of contact tracers and other
workers in communities that have been hardest hit by the pandemic, recruit
such workers from those communities, and connect such workers to existing
health workforce training programs and other career advancement programs;
and
(ii) conduct an outreach campaign to promote vaccine trust and uptake among
communities of color and other underserved populations with higher levels
of vaccine mistrust due to discriminatory medical treatment and research,
and engage with leaders within those communities.
[[Page 446]]
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 21, 2021.
Executive Order 13996 of January 21, 2021
Establishing the COVID-19 Pandemic Testing Board and Ensuring a
Sustainable Public Health Workforce for COVID-19 and Other Biological
Threats
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration to control
coronavirus disease 2019 (COVID-19) by using a Government-wide, unified
approach that includes: establishing a national COVID-19 testing and
public health workforce strategy; working to expand the supply of tests;
working to bring test manufacturing to the United States, where
possible; working to enhance laboratory testing capacity; working to
expand the public health workforce; supporting screening testing for
schools and priority populations; and ensuring a clarity of messaging
about the use of tests and insurance coverage.
Sec. 2. COVID-19 Pandemic Testing Board.
(a) Establishment and Membership. There is established a COVID-19
Pandemic Testing Board (Testing Board), chaired by the Coordinator of
the COVID-19 Response and Counselor to the President (COVID-19 Response
Coordinator) or his designee. The Testing Board shall include
representatives from executive departments and agencies (agencies) that
are designated by the President. The heads of agencies so designated
shall designate officials from their respective agencies to represent
them on the Testing Board.
(b) Mission and Functions. To support the implementation and
oversight of the policy laid out in section 1 of this order, the Testing
Board shall:
(i) coordinate Federal Government efforts to promote COVID-19 diagnostic,
screening, and surveillance testing;
[[Page 447]]
(ii) make recommendations to the President with respect to prioritizing the
Federal Government's assistance to State, local, Tribal, and territorial
authorities, in order to expand testing and reduce disparities in access to
testing;
(iii) identify barriers to access and use of testing in, and coordinate
Federal Government efforts to increase testing for:
(A) priority populations, including healthcare workers and other
essential workers;
(B) communities with major shortages in testing availability and use;
(C) at-risk settings, including long-term care facilities, correctional
facilities, immigration custodial settings, detention facilities, schools,
child care settings, and food processing and manufacturing facilities; and
(D) high-risk groups, including people experiencing homelessness,
migrants, and seasonal workers;
(iv) identify methods to expand State, local, Tribal, and territorial
capacity to conduct testing, contact tracing, and isolation and quarantine,
in order for schools, businesses, and travel to be conducted safely;
(v) provide guidance on how to enhance the clarity, consistency, and
transparency of Federal Government communication with the public about the
goals and purposes of testing;
(vi) identify options for the Federal Government to maximize testing
capacity of commercial labs and academic labs; and
(vii) propose short- and long-term reforms for the Federal Government to:
increase State, local, Tribal, and territorial capacity to conduct testing;
expand genomic sequencing; and improve the effectiveness and speed of the
Federal Government's response to future pandemics and other biological
emergencies.
(d) The Chair of the Testing Board shall coordinate with the
Secretary of Health and Human Services (HHS) and the heads of other
relevant agencies or their designees, as necessary, to ensure that the
Testing Board's work is coordinated with the Public Health Emergency
Countermeasures Enterprise within HHS.
Sec. 3. Actions to Address the Cost of COVID-19 Testing. (a) The
Secretary of the Treasury, the Secretary of HHS, and the Secretary of
Labor, in coordination with the COVID-19 Response Coordinator, shall
promptly, and as appropriate and consistent with applicable law:
(i) facilitate the provision of COVID-19 testing free of charge to those
who lack comprehensive health insurance; and
(ii) clarify group health plans' and health insurance issuers' obligations
to provide coverage for COVID-19 testing.
(b) The Secretary of HHS, the Secretary of Education, and the
Secretary of Homeland Security, through the Administrator of the Federal
Emergency Management Agency (FEMA), in coordination with the COVID-19
Response Coordinator, shall promptly, and as appropriate and consistent
with applicable law:
(i) provide support for surveillance tests for settings such as schools;
and
(ii) expand equitable access to COVID-19 testing.
[[Page 448]]
Sec. 4. Establishing a Public Health Workforce Program. (a) The
Secretary of HHS and the Secretary of Labor shall promptly consult with
State, local, Tribal, and territorial leaders to understand the
challenges they face in pandemic response efforts, including challenges
recruiting and training sufficient personnel to ensure adequate and
equitable community-based testing, and testing in schools and high-risk
settings.
(b) The Secretary of HHS shall, as appropriate and consistent with
applicable law, as soon as practicable:
(i) provide technical support to State, local, Tribal, and territorial
public health agencies with respect to testing and contact-tracing efforts;
and
(ii) assist such authorities in the training of public health workers. This
may include technical assistance to non-Federal public health workforces in
connection with testing, contact tracing, and mass vaccinations, as well as
other urgent public health workforce needs, such as combating opioid use.
(c) The Secretary of HHS shall submit to the President, through the
COVID-19 Response Coordinator, the Assistant to the President for
Domestic Policy (APDP), and the Assistant to the President for National
Security Affairs (APNSA), a plan detailing:
(i) how the Secretary of HHS would deploy personnel in response to future
high-consequence public health threats; and
(ii) five-year targets and budget requirements for achieving a sustainable
public health workforce, as well as options for expanding HHS capacity,
such as by expanding the U.S. Public Health Service Commissioned Corps and
Epidemic Intelligence Service, so that the Department can better respond to
future pandemics and other biological threats.
(d) The Secretary of HHS, the Secretary of Homeland Security, the
Secretary of Labor, the Secretary of Education, and the Chief Executive
Officer of the Corporation for National and Community Service, in
coordination with the COVID-19 Response Coordinator, the APDP, and the
APNSA, shall submit a plan to the President for establishing a national
contact tracing and COVID-19 public health workforce program, to be
known as the U.S. Public Health Job Corps, which shall be modeled on or
developed as a component of the FEMA Corps program. Such plan shall
include means by which the U.S. Public Health Job Corps can be part of
the National Civilian Community Corps program, as well as
recommendations about whether it would be appropriate for the U.S.
Public Health Job Corps to immediately assign personnel from any of the
agencies involved in the creation of the plan, including existing
AmeriCorps members, to join or aid the U.S. Public Health Job Corps. The
U.S. Public Health Job Corps will:
(i) conduct and train individuals in contact tracing related to the COVID-
19 pandemic;
(ii) assist in outreach for vaccination efforts, including by administering
vaccination clinics;
(iii) assist with training programs for State, local, Tribal, and
territorial governments to provide testing, including in schools; and
(iv) provide other necessary services to Americans affected by the COVID-19
pandemic.
[[Page 449]]
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 21, 2021.
Executive Order 13997 of January 21, 2021
Improving and Expanding Access to Care and Treatments for COVID-19
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration to improve the
capacity of the Nation's healthcare systems to address coronavirus
disease 2019 (COVID-19), to accelerate the development of novel
therapies to treat COVID-19, and to improve all Americans' access to
quality and affordable healthcare.
Sec. 2. Accelerating the Development of Novel Therapies. To enhance the
Nation's ability to quickly develop the most promising COVID-19
interventions, the Secretary of Health and Human Services (HHS), in
consultation with the Director of the National Institutes of Health,
shall:
(a) develop a plan for supporting a range of studies, including
large-scale randomized trials, for identifying optimal clinical
management strategies, and for supporting the most promising treatments
for COVID-19 and future high-consequence public health threats, that can
be easily manufactured, distributed, and administered, both domestically
and internationally;
(b) develop a plan, in consultation with non-governmental partners,
as appropriate, to support research:
(i) in rural hospitals and other rural locations; and
(ii) that studies the emerging evidence concerning the long-term impact of
COVID-19 on patient health; and
(c) consider steps to ensure that clinical trials include
populations that have been historically underrepresented in such trials.
[[Page 450]]
Sec. 3. Improving the Capacity of the Nation's Healthcare Systems to
Address COVID-19. To bolster the capacity of the Nation's healthcare
systems to support healthcare workers and patients:
(a) The Secretary of Defense, the Secretary of HHS, the Secretary of
Veterans Affairs, and the heads of other relevant executive departments
and agencies (agencies), in coordination with the Coordinator of the
COVID-19 Response and Counselor to the President (COVID-19 Response
Coordinator), shall promptly, as appropriate and consistent with
applicable law, provide targeted surge assistance to critical care and
long-term care facilities, including nursing homes and skilled nursing
facilities, assisted living facilities, intermediate care facilities for
individuals with disabilities, and residential treatment centers, in
their efforts to combat the spread of COVID-19.
(b) The COVID-19 Response Coordinator, in coordination with the
Secretary of Defense, the Secretary of HHS, the Secretary of Veterans
Affairs, and the heads of other relevant agencies, shall review the
needs of Federal facilities providing care to COVID-19 patients and
develop recommendations for further actions such facilities can take to
support active military personnel, veterans, and Tribal nations during
this crisis.
(c) The Secretary of HHS shall promptly:
(i) issue recommendations on how States and healthcare providers can
increase the capacity of their healthcare workforces to address the COVID-
19 pandemic; and
(ii) through the Administrator of the Health Resources and Services
Administration and the Administrator of the Substance Abuse and Mental
Health Services Administration, take appropriate actions, as consistent
with applicable law, to expand access to programs and services designed to
meet the long-term health needs of patients recovering from COVID-19,
including through technical assistance and support to community health
centers.
Sec. 4. Improving Access to Quality and Affordable Healthcare. (a) To
facilitate the equitable and effective distribution of therapeutics and
bolster clinical care capacity where needed to support patient care, the
Secretary of Defense, the Secretary of HHS, and the Secretary of
Veterans Affairs, in coordination with the COVID-19 Response
Coordinator, shall establish targets for the production, allocation, and
distribution of COVID-19 treatments. To meet those targets, the
Secretary of Defense, the Secretary of HHS, and the Secretary of
Veterans Affairs shall consider prioritizing, including through grants
for research and development, investments in therapeutics that can be
readily administered and scaled.
(b) To facilitate the utilization of existing COVID-19 treatments,
the Secretary of HHS shall identify barriers to maximizing the effective
and equitable use of existing COVID-19 treatments and shall, as
appropriate and consistent with applicable law, provide support to
State, local, Tribal, and territorial authorities aimed at overcoming
those barriers.
(c) To address the affordability of treatments and clinical care,
the Secretary of HHS shall, promptly and as appropriate and consistent
with applicable law:
[[Page 451]]
(i) evaluate the COVID-19 Uninsured Program, operated by the Health
Resources and Services Administration within HHS, and take any available
steps to promote access to treatments and clinical care for those without
adequate coverage, to support safety-net providers in delivering such
treatments and clinical care, and to make the Program easy to use and
accessible for patients and providers, with information about the Program
widely disseminated; and
(ii) evaluate Medicare, Medicaid, group health plans, and health insurance
issuers, and take any available steps to promote insurance coverage for
safe and effective COVID-19 treatments and clinical care.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 21, 2021.
Executive Order 13998 of January 21, 2021
Promoting COVID-19 Safety in Domestic and International Travel
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. Science-based public health measures are critical to
preventing the spread of coronavirus disease 2019 (COVID-19) by
travelers within the United States and those who enter the country from
abroad. The Centers for Disease Control and Prevention (CDC), the
Surgeon General, and the National Institutes of Health have concluded
that mask-wearing, physical distancing, appropriate ventilation, and
timely testing can mitigate the risk of travelers spreading COVID-19.
Accordingly, to save lives and allow all Americans, including the
millions of people employed in the transportation industry, to travel
and work safely, it is the policy of my Administration to implement
these public health measures consistent with CDC guidelines on public
modes of transportation and at ports of entry to the United States.
Sec. 2. Immediate Action to Require Mask-Wearing on Certain Domestic
Modes of Transportation.
[[Page 452]]
(a) Mask Requirement. The Secretary of Labor, the Secretary of
Health and Human Services (HHS), the Secretary of Transportation
(including through the Administrator of the Federal Aviation
Administration (FAA)), the Secretary of Homeland Security (including
through the Administrator of the Transportation Security Administration
(TSA) and the Commandant of the United States Coast Guard), and the
heads of any other executive departments and agencies (agencies) that
have relevant regulatory authority (heads of agencies) shall immediately
take action, to the extent appropriate and consistent with applicable
law, to require masks to be worn in compliance with CDC guidelines in or
on:
(i) airports;
(ii) commercial aircraft;
(iii) trains;
(iv) public maritime vessels, including ferries;
(v) intercity bus services; and
(vi) all forms of public transportation as defined in section 5302 of title
49, United States Code.
(b) Consultation. In implementing this section, the heads of
agencies shall consult, as appropriate, with interested parties,
including State, local, Tribal, and territorial officials; industry and
union representatives from the transportation sector; and consumer
representatives.
(c) Exceptions. The heads of agencies may make categorical or case-
by-case exceptions to policies developed under this section, consistent
with applicable law, to the extent that doing so is necessary or
required by law. If the heads of agencies do make exceptions, they shall
require alternative and appropriate safeguards, and shall document all
exceptions in writing.
(d) Preemption. To the extent permitted by applicable law, the heads
of agencies shall ensure that any action taken to implement this section
does not preempt State, local, Tribal, and territorial laws or rules
imposing public health measures that are more protective of public
health than those required by the heads of agencies.
(e) Coordination. The Coordinator of the COVID-19 Response and
Counselor to the President (COVID-19 Response Coordinator) shall
coordinate the implementation of this section. The heads of agencies
shall update the COVID-19 Response Coordinator on their progress in
implementing this section, including any categorical exceptions
established under subsection (c) of this section, within 7 days of the
date of this order and regularly thereafter. The heads of agencies are
encouraged to bring to the attention of the COVID-19 Response
Coordinator any questions regarding the scope or implementation of this
section.
Sec. 3. Action to Implement Additional Public Health Measures for
Domestic Travel.
(a) Recommendations. The Secretary of Transportation (including
through the Administrator of the FAA) and the Secretary of Homeland
Security (including through the Administrator of the TSA and the
Commandant of the Coast Guard), in consultation with the Director of
CDC, shall promptly provide to the COVID-19 Response Coordinator
recommendations concerning how their respective agencies may impose
additional public health measures for domestic travel.
[[Page 453]]
(b) Consultation. In implementing this section, the Secretary of
Transportation and the Secretary of Homeland Security shall engage with
interested parties, including State, local, Tribal, and territorial
officials; industry and union representatives from the transportation
sector; and consumer representatives.
Sec. 4. Support for State, Local, Tribal, and Territorial Authorities.
The COVID-19 Response Coordinator, in coordination with the Secretary of
Transportation and the heads of any other relevant agencies, shall
promptly identify and inform agencies of options to incentivize,
support, and encourage widespread mask-wearing and physical distancing
on public modes of transportation, consistent with CDC guidelines and
applicable law.
Sec. 5. International Travel.
(a) Policy. It is the policy of my Administration that, to the
extent feasible, travelers seeking to enter the United States from a
foreign country shall be:
(i) required to produce proof of a recent negative COVID-19 test prior to
entry; and
(ii) required to comply with other applicable CDC guidelines concerning
international travel, including recommended periods of self-quarantine or
self-isolation after entry into the United States.
(b) Air Travel.
(i) The Secretary of HHS, including through the Director of CDC, and in
coordination with the Secretary of Transportation (including through the
Administrator of the FAA) and the Secretary of Homeland Security (including
through the Administrator of the TSA), shall, within 14 days of the date of
this order, assess the CDC order of January 12, 2021, regarding the
requirement of a negative COVID-19 test result for airline passengers
traveling into the United States, in light of subsection (a) of this
section. Based on such assessment, the Secretary of HHS and the Secretary
of Homeland Security shall take any further appropriate regulatory action,
to the extent feasible and consistent with CDC guidelines and applicable
law. Such assessment and regulatory action shall include consideration of:
(A) the timing and types of COVID-19 tests that should satisfy the
negative test requirement, including consideration of additional testing
immediately prior to departure;
(B) the proof of test results that travelers should be required to
provide;
(C) the feasibility of implementing alternative and sufficiently
protective public health measures, such as testing, self-quarantine, and
self-isolation on arrival, for travelers entering the United States from
countries where COVID-19 tests are inaccessible, particularly where such
inaccessibility of tests would affect the ability of United States citizens
and lawful permanent residents to return to the United States; and
(D) measures to prevent fraud.
(ii) The Secretary of HHS, in coordination with the Secretary of
Transportation (including through the Administrator of the FAA) and the
Secretary of Homeland Security (including through the Administrator of the
TSA), shall promptly provide to the President, through the COVID-19
[[Page 454]]
Response Coordinator, a plan for how the Secretary and other Federal
Government actors could implement the policy stated in subsection (a) of
this section with respect to CDC-recommended periods of self-quarantine or
self-isolation after a flight to the United States from a foreign country,
as he deems appropriate and consistent with applicable law. The plan shall
identify agencies' tools and mechanisms to assist travelers in complying
with such policy.
(iii) The Secretary of State, in consultation with the Secretary of HHS
(including through the Director of CDC), the Secretary of Transportation
(including through the Administrator of the FAA), and the Secretary of
Homeland Security, shall seek to consult with foreign governments, the
World Health Organization, the International Civil Aviation Organization,
the International Air Transport Association, and any other relevant
stakeholders to establish guidelines for public health measures associated
with safe international travel, including on aircraft and at ports of
entry. Any such guidelines should address quarantine, testing, COVID-19
vaccination, follow-up testing and symptom-monitoring, air filtration
requirements, environmental decontamination standards, and contact tracing.
(c) Land Travel. The Secretary of State, in consultation with the
Secretary of HHS, the Secretary of Transportation, the Secretary of
Homeland Security, and the Director of CDC, shall immediately commence
diplomatic outreach to the governments of Canada and Mexico regarding
public health protocols for land ports of entry. Based on this
diplomatic engagement, within 14 days of the date of this order, the
Secretary of HHS (including through the Director of CDC), the Secretary
of Transportation, and the Secretary of Homeland Security shall submit
to the President a plan to implement appropriate public health measures
at land ports of entry. The plan should implement CDC guidelines,
consistent with applicable law, and take into account the operational
considerations relevant to the different populations who enter the
United States by land.
(d) Sea Travel. The Secretary of Homeland Security, through the
Commandant of the Coast Guard and in consultation with the Secretary of
HHS and the Director of CDC, shall, within 14 days of the date of this
order, submit to the President a plan to implement appropriate public
health measures at sea ports. The plan should implement CDC guidelines,
consistent with applicable law, and take into account operational
considerations.
(e) International Certificates of Vaccination or Prophylaxis.
Consistent with applicable law, the Secretary of State, the Secretary of
HHS, and the Secretary of Homeland Security (including through the
Administrator of the TSA), in coordination with any relevant
international organizations, shall assess the feasibility of linking
COVID-19 vaccination to International Certificates of Vaccination or
Prophylaxis (ICVP) and producing electronic versions of ICVPs.
[[Page 455]]
(f) Coordination. The COVID-19 Response Coordinator, in consultation
with the Assistant to the President for National Security Affairs and
the Assistant to the President for Domestic Policy, shall coordinate the
implementation of this section. The Secretary of State, the Secretary of
HHS, the Secretary of Transportation, and the Secretary of Homeland
Security shall update the COVID-19 Response Coordinator on their
progress in implementing this section within 7 days of the date of this
order and regularly thereafter. The heads of all agencies are encouraged
to bring to the attention of the COVID-19 Response Coordinator any
questions regarding the scope or implementation of this section.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 21, 2021.
Executive Order 13999 of January 21, 2021
Protecting Worker Health and Safety
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. Ensuring the health and safety of workers is a
national priority and a moral imperative. Healthcare workers and other
essential workers, many of whom are people of color and immigrants, have
put their lives on the line during the coronavirus disease 2019 (COVID-
19) pandemic. It is the policy of my Administration to protect the
health and safety of workers from COVID-19.
The Federal Government must take swift action to reduce the risk that
workers may contract COVID-19 in the workplace. That will require
issuing science-based guidance to help keep workers safe from COVID-19
exposure, including with respect to mask-wearing; partnering with State
and local governments to better protect public employees; enforcing
worker health and safety requirements; and pushing for additional
resources to help employers protect employees.
Sec. 2. Protecting Workers from COVID-19 Under the Occupational Safety
and Health Act. The Secretary of Labor, acting through the Assistant
Secretary of Labor for Occupational Safety and Health, in furtherance of
the
[[Page 456]]
policy described in section 1 of this order and consistent with
applicable law, shall:
(a) issue, within 2 weeks of the date of this order and in
conjunction or consultation with the heads of any other appropriate
executive departments and agencies (agencies), revised guidance to
employers on workplace safety during the COVID-19 pandemic;
(b) consider whether any emergency temporary standards on COVID-19,
including with respect to masks in the workplace, are necessary, and if
such standards are determined to be necessary, issue them by March 15,
2021;
(c) review the enforcement efforts of the Occupational Safety and
Health Administration (OSHA) related to COVID-19 and identify any short-
, medium-, and long-term changes that could be made to better protect
workers and ensure equity in enforcement;
(d) launch a national program to focus OSHA enforcement efforts
related to COVID-19 on violations that put the largest number of workers
at serious risk or are contrary to anti-retaliation principles; and
(e) coordinate with the Department of Labor's Office of Public
Affairs and Office of Public Engagement and all regional OSHA offices to
conduct, consistent with applicable law, a multilingual outreach
campaign to inform workers and their representatives of their rights
under applicable law. This campaign shall include engagement with labor
unions, community organizations, and industries, and place a special
emphasis on communities hit hardest by the pandemic.
Sec. 3. Protecting Other Categories of Workers from COVID-19. (a) The
Secretary of Labor, acting through the Assistant Secretary of Labor for
Occupational Safety and Health and consistent with applicable law,
shall:
(i) coordinate with States that have occupational safety and health plans
approved under section 18 of the Occupational Safety and Health Act (Act)
(29 U.S.C. 667) to seek to ensure that workers covered by such plans are
adequately protected from COVID-19, consistent with any revised guidance or
emergency temporary standards issued by OSHA; and
(ii) in States that do not have such plans, consult with State and local
government entities with responsibility for public employee safety and
health and with public employee unions to bolster protection from COVID-19
for public sector workers.
(b) The Secretary of Agriculture, the Secretary of Labor, the
Secretary of Health and Human Services, the Secretary of Transportation,
and the Secretary of Energy, in consultation with the heads of any other
appropriate agencies, shall, consistent with applicable law, explore
mechanisms to protect workers not protected under the Act so that they
remain healthy and safe on the job during the COVID-19 pandemic.
(c) The Secretary of Labor, acting through the Assistant Secretary
of Labor for Mine Safety and Health, shall consider whether any
emergency temporary standards on COVID-19 applicable to coal and metal
or non-metal mines are necessary, and if such standards are determined
to be necessary and consistent with applicable law, issue them as soon
as practicable.
[[Page 457]]
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 21, 2021.
Executive Order 14000 of January 21, 2021
Supporting the Reopening and Continuing Operation of Schools and Early
Childhood Education Providers
By the authority vested in me as President by the Constitution and the
laws of the United States of America, to ensure that students receive a
high-quality education during the coronavirus disease 2019 (COVID-19)
pandemic, and to support the safe reopening and continued operation of
schools, child care providers, Head Start programs, and institutions of
higher education, it is hereby ordered as follows:
Section 1. Policy. Every student in America deserves a high-quality
education in a safe environment. This promise, which was already out of
reach for too many, has been further threatened by the COVID-19
pandemic. School and higher education administrators, educators,
faculty, child care providers, custodians and other staff, and families
have gone above and beyond to support children's and students' learning
and meet their needs during this crisis. Students and teachers alike
have found new ways to teach and learn. Many child care providers
continue to provide care and learning opportunities to children in homes
and centers across the country. However, leadership and support from the
Federal Government is needed. Two principles should guide the Federal
Government's response to the COVID-19 crisis with respect to schools,
child care providers, Head Start programs, and higher education
institutions. First, the health and safety of children, students,
educators, families, and communities is paramount. Second, every student
in the United States should have the opportunity to receive a high-
quality education, during and beyond the pandemic.
Accordingly, it is the policy of my Administration to provide support to
help create the conditions for safe, in-person learning as quickly as
possible; ensure high-quality instruction and the delivery of essential
services often received by students and young children at school,
institutions of higher education, child care providers, and Head Start
programs; mitigate
[[Page 458]]
learning loss caused by the pandemic; and address educational
disparities and inequities that the pandemic has created and
exacerbated.
Sec. 2. Agency Roles and Responsibilities. The following assignments of
responsibility shall be exercised in furtherance of the policy described
in section 1 of this order:
(a) The Secretary of Education shall, consistent with applicable
law:
(i) provide, in consultation with the Secretary of Health and Human
Services, evidence-based guidance to assist States and elementary and
secondary schools in deciding whether and how to reopen, and how to remain
open, for in-person learning; and in safely conducting in-person learning,
including by implementing mitigation measures such as cleaning, masking,
proper ventilation, and testing;
(ii) provide, in consultation with the Secretary of Health and Human
Services, evidence-based guidance to institutions of higher education on
safely reopening for in-person learning, which shall take into account
considerations such as the institution's setting, resources, and the
population it serves;
(iii) provide advice to State, local, Tribal, and territorial educational
authorities, institutions of higher education, local education agencies,
and elementary and secondary schools regarding distance and online
learning, blended learning, and in-person learning; and the promotion of
mental health, social-emotional well-being, and communication with parents
and families;
(iv) develop a Safer Schools and Campuses Best Practices Clearinghouse to
enable schools and institutions of higher education to share lessons
learned and best practices for operating safely during the pandemic;
(v) provide technical assistance to schools and institutions of higher
education so that they can ensure high-quality learning during the
pandemic;
(vi) direct the Department of Education's Assistant Secretary for Civil
Rights to deliver a report as soon as practicable on the disparate impacts
of COVID-19 on students in elementary, secondary, and higher education,
including those attending historically black colleges and universities,
Tribal colleges and universities, Hispanic-serving institutions, and other
minority-serving institutions;
(vii) coordinate with the Director of the Institute of Education Sciences
to facilitate, consistent with applicable law, the collection of data
necessary to fully understand the impact of the COVID-19 pandemic on
students and educators, including data on the status of in-person learning.
These data shall be disaggregated by student demographics, including race,
ethnicity, disability, English-language-learner status, and free or reduced
lunch status or other appropriate indicators of family income; and
(viii) consult with those who have been struggling for months with the
enormous challenges the COVID-19 pandemic poses for education, including
students; educators; unions; families; State, local, Tribal, and
territorial officials; and members of civil rights and disability rights
organizations, in carrying out the directives in this order.
(b) The Secretary of Health and Human Services shall, consistent
with applicable law:
[[Page 459]]
(i) facilitate the collection of data needed to inform the safe reopening
and continued operation of elementary and secondary schools, child care
providers, and Head Start programs, and ensure that such data are readily
available to State, local, Tribal, and territorial leaders and the public,
consistent with privacy interests, and that such data are disaggregated by
race, ethnicity, and other factors as appropriate;
(ii) ensure, in coordination with the Coordinator of the COVID-19 Response
and Counselor to the President (COVID-19 Response Coordinator) and other
relevant agencies, that COVID-19-related supplies the Secretary
administers, including testing materials, are equitably allocated to
elementary and secondary schools, child care providers, and Head Start
programs to support in-person care and learning;
(iii) to the maximum extent possible, support the development and operation
of contact tracing programs at the State, local, Tribal, and territorial
level, by providing guidance and technical support to ensure that contact
tracing is available to facilitate the reopening and safe operation of
elementary and secondary schools, child care providers, Head Start
programs, and institutions of higher education;
(iv) provide guidance needed for child care providers and Head Start
programs for safely reopening and operating, including procedures for
mitigation measures such as cleaning, masking, proper ventilation, and
testing, as well as guidance related to meeting the needs of children,
families, and staff who have been affected by the COVID-19 pandemic,
including trauma-informed care, behavioral and mental health support, and
family support, as appropriate; and
(v) provide technical assistance to States, localities, Tribes, and
territories to support the accelerated distribution of Federal COVID-19
relief funds to child care providers, and identify strategies to help child
care providers safely remain open during the pandemic and beyond while the
sector experiences widespread financial disruption due to increased costs
and less revenue.
(c) The Secretary of Education and the Secretary of Health and Human
Services shall submit a report to the Assistant to the President for
Domestic Policy and the COVID-19 Response Coordinator identifying
strategies to address the impact of COVID-19 on educational outcomes,
especially along racial and socioeconomic lines, and shall share those
strategies with State, local, Tribal, and territorial officials. In
developing these strategies, the Secretaries shall, as appropriate and
consistent with applicable law, consult with such officials, as well as
with education experts; educators; unions; civil rights advocates;
Tribal education experts; public health experts; child development
experts; early educators, including child care providers; Head Start
staff; school technology practitioners; foundations; families; students;
community advocates; and others.
(d) The Federal Communications Commission is encouraged, consistent
with applicable law, to increase connectivity options for students
lacking reliable home broadband, so that they can continue to learn if
their schools are operating remotely.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
[[Page 460]]
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 21, 2021.
Executive Order 14001 of January 21, 2021
A Sustainable Public Health Supply Chain
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Defense Production
Act of 1950, as amended (50 U.S.C. 4501 et seq.), sections 319 and 361
of the Public Health Service Act (42 U.S.C. 247d and 264), sections 306
and 307 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149 and 5150), and section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Purpose. The Federal Government must act urgently and
effectively to combat the coronavirus disease 2019 (COVID-19) pandemic.
To that end, this order directs immediate actions to secure supplies
necessary for responding to the pandemic, so that those supplies are
available, and remain available, to the Federal Government and State,
local, Tribal, and territorial authorities, as well as to America's
health care workers, health systems, and patients. These supplies are
vital to the Nation's ability to reopen its schools and economy as soon
and safely as possible.
Sec. 2. Immediate Inventory of Response Supplies and Identification of
Emergency Needs. (a) The Secretary of State, the Secretary of Defense,
the Secretary of Health and Human Services, the Secretary of Homeland
Security, and the heads of appropriate executive departments and
agencies (agencies), in coordination with the COVID-19 Response
Coordinator, shall:
(i) immediately review the availability of critical materials, treatments,
and supplies needed to combat COVID-19 (pandemic response supplies),
including personal protective equipment (PPE) and the resources necessary
to effectively produce and distribute tests and vaccines at scale; and
(ii) assess, including by reviewing prior such assessments, whether United
States industry can be reasonably expected to provide such supplies in a
timely manner.
[[Page 461]]
(b) Where a review and assessment described in section 2(a)(i) of
this order identifies shortfalls in the provision of pandemic response
supplies, the head of the relevant agency shall:
(i) promptly revise its operational assumptions and planning factors being
used to determine the scope and prioritization, acquisition, and
distribution of such supplies; and
(ii) take appropriate action using all available legal authorities,
including the Defense Production Act, to fill those shortfalls as soon as
practicable by acquiring additional stockpiles, improving distribution
systems, building market capacity, or expanding the industrial base.
(c) Upon completing the review and assessment described in section
2(a)(i) of this order, the Secretary of Health and Human Services shall
provide to the President, through the COVID-19 Response Coordinator, a
report on the status and inventory of the Strategic National Stockpile.
(d) The Secretary of State, the Secretary of Defense, the Secretary
of Health and Human Services, the Secretary of Homeland Security, and
the heads of any other agencies relevant to inventorying pandemic
response supplies shall, as soon as practicable, provide to the
President, through the COVID-19 Response Coordinator, a report
consisting of:
(i) an assessment of the need for, and an inventory of current supplies of,
key pandemic response supplies;
(ii) an analysis of their agency's capacity to produce, provide, and
distribute pandemic response supplies;
(iii) an assessment of their agency's procurement of pandemic response
supplies on the availability of such supplies on the open market;
(iv) an account of all existing or ongoing agency actions, contracts, and
investment agreements regarding pandemic response supplies;
(v) a list of any gaps between the needs identified in section 2(a)(i) of
this order and supply chain delivery, and recommendations on how to close
such gaps; and
(vi) a compilation and summary of their agency's existing distribution and
prioritization plans for pandemic response supplies, which shall include
any assumptions or planning factors used to determine such needs and any
recommendations for changes to such assumptions or factors.
(e) The COVID-19 Response Coordinator, in coordination with the
heads of appropriate agencies, shall review the report described in
section 2(d) of this order and submit recommendations to the President
that address:
(i) whether additional use of the Defense Production Act, by the President
or agencies exercising delegated authority under the Act, would be helpful;
and
(ii) the extent to which liability risk, regulatory requirements, or other
factors impede the development, production, and procurement of pandemic
response supplies, and any actions that can be taken, consistent with law,
to remove those impediments.
(f) The heads of agencies responsible for completing the
requirements of this section, as appropriate and in coordination with
the COVID-19 Response Coordinator, shall consult with State, local,
Tribal, and territorial
[[Page 462]]
authorities, as well as with other entities critical to assessing the
availability of and need for pandemic response supplies.
Sec. 3. Pricing. To take steps to address the pricing of pandemic
response supplies:
(a) The Secretary of Health and Human Services shall promptly
recommend to the President, through the COVID-19 Response Coordinator,
whether any changes should be made to the authorities delegated to the
Secretary by Executive Order 13910 of March 23, 2020 (Preventing
Hoarding of Health and Medical Resources To Respond to the Spread of
COVID-19), with respect to scarce materials or materials the supply of
which would be threatened by accumulation for the purpose of hoarding or
price gouging.
(b) The Secretary of Defense, the Secretary of Health and Human
Services, and the Secretary of Homeland Security shall promptly review
and provide to the President, through the COVID-19 Response Coordinator,
recommendations for how to address the pricing of pandemic response
supplies, including whether and how to direct the use of reasonable
pricing clauses in Federal contracts and investment agreements, or other
related vehicles, and whether to use General Services Administration
Schedules to facilitate State, local, Tribal, and territorial government
buyers and compacts in purchasing pandemic response supplies using
Federal supply schedules.
Sec. 4. Pandemic Supply Chain Resilience Strategy. Within 180 days of
the date of this order, the Secretary of Defense, the Secretary of
Health and Human Services, and the Secretary of Homeland Security, in
coordination with the Assistant to the President for National Security
Affairs (APNSA), the Assistant to the President for Domestic Policy, the
COVID-19 Response Coordinator, and the heads of any agencies or entities
selected by the APNSA and COVID-19 Response Coordinator, shall provide
to the President a strategy to design, build, and sustain a long-term
capability in the United States to manufacture supplies for future
pandemics and biological threats. This strategy shall include:
(a) mechanisms to respond to emergency supply needs of State, local,
Tribal, and territorial authorities, which should include standards and
processes to prioritize requests and delivery and to ensure equitable
distribution based on public health criteria;
(b) an analysis of the role of foreign supply chains in America's
pandemic supply chain, America's role in the international public health
supply chain, and options for strengthening and better coordinating
global supply chain systems in future pandemics;
(c) mechanisms to address points of failure in the supply chains and
to ensure necessary redundancies;
(d) the roles of the Strategic National Stockpile and other Federal
and military stockpiles in providing pandemic supplies on an ongoing or
emergency basis, including their roles in allocating supplies across
States, localities, tribes, and territories, sustaining supplies during
a pandemic, and in contingency planning to ensure adequate preparedness
for future pandemics and public health emergencies;
[[Page 463]]
(e) approaches to assess and maximize the value and efficacy of
public/private partnerships and the value of Federal investments in
latent manufacturing capacity; and
(f) an approach to develop a multi-year implementation plan for
domestic production of pandemic supplies.
Sec. 5. Access to Strategic National Stockpile. The Secretary of Health
and Human Services shall consult with Tribal authorities and take steps,
as appropriate and consistent with applicable law, to facilitate access
to the Strategic National Stockpile for federally recognized Tribal
governments, Indian Health Service healthcare providers, Tribal health
authorities, and Urban Indian Organizations.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 21, 2021.
Executive Order 14002 of January 22, 2021
Economic Relief Related to the COVID-19 Pandemic
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. Background. The pandemic caused by the coronavirus disease
2019 (COVID-19) has led to an economic crisis marked by the closure of
small businesses, job loss, food and housing insecurity, and increased
challenges for working families balancing jobs and caregiving
responsibilities. The current economic crisis has affected Americans
throughout the Nation, but it is particularly dire in communities of
color. The problems are exacerbated because State and local governments
are being forced to consider steep cuts to critical programs to address
revenue shortfalls the pandemic has caused. In addition, many
individuals, families, and small businesses have had difficulties
navigating relief programs with varying eligibility requirements, and
some are not receiving the intended assistance. The economic crisis
resulting from the pandemic must be met by the full resources of the
Federal Government.
[[Page 464]]
Sec. 2. Providing Relief to Individuals, Families, and Small Businesses;
and to State, Local, Tribal, and Territorial Governments. (a) All
executive departments and agencies (agencies) shall promptly identify
actions they can take within existing authorities to address the current
economic crisis resulting from the pandemic. Agencies should
specifically consider actions that facilitate better use of data and
other means to improve access to, reduce unnecessary barriers to, and
improve coordination among programs funded in whole or in part by the
Federal Government.
(b) Agencies should take the actions identified in subsection (a) of
this section, as appropriate and consistent with applicable law, and in
doing so should prioritize actions that provide the greatest relief to
individuals, families, and small businesses; and to State, local,
Tribal, and territorial governments.
(c) Independent agencies, as enumerated in 44 U.S.C. 3502(5), are
strongly encouraged to comply with this section.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 22, 2021.
Executive Order 14003 of January 22, 2021
Protecting the Federal Workforce
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. Career civil servants are the backbone of the Federal
workforce, providing the expertise and experience necessary for the
critical functioning of the Federal Government. It is the policy of the
United States to protect, empower, and rebuild the career Federal
workforce. It is also the policy of the United States to encourage union
organizing and collective bargaining. The Federal Government should
serve as a model employer.
Sec. 2. Revocation of Schedule F. (a) The creation of a new Schedule F
excepted service category in Executive Order 13957 of October 21, 2020
(Creating Schedule F in the Excepted Service), not only was unnecessary
to the conditions of good administration, but also undermined the
foundations of
[[Page 465]]
the civil service and its merit system principles, which were essential
to the Pendleton Civil Service Reform Act of 1883's repudiation of the
spoils system. Accordingly, to enhance the efficiency of the civil
service and to promote good administration and systematic application of
merit system principles, Executive Order 13957 is hereby revoked.
(b) The heads of all executive departments and agencies (agencies)
shall, consistent with law, immediately suspend, revise, or rescind
proposed actions, decisions, petitions, rules, regulations or other
guidance pursuant to, or to effectuate, Executive Order 13957. The
Director of the Office of Personnel Management (OPM) shall immediately
cease processing or granting any petitions that seek to convert
positions to Schedule F or to create new positions in Schedule F.
Sec. 3. Revocation of Certain Presidential and Regulatory Actions. (a)
Executive Order 13836 of May 25, 2018 (Developing Efficient, Effective,
and Cost-Reducing Approaches to Federal Sector Collective Bargaining),
is hereby revoked. The Interagency Labor Relations Working Group is
hereby disbanded and the Director of OPM shall withdraw all materials
issued by this working group that are inconsistent with the policy set
forth in section 1 of this order.
(b) Executive Order 13837 of May 25, 2018 (Ensuring Transparency,
Accountability, and Efficiency in Taxpayer-Funded Union Time Use), is
hereby revoked.
(c) Executive Order 13839 of May 25, 2018 (Promoting Accountability
and Streamlining Removal Procedures Consistent with Merit System
Principles), is hereby revoked.
(d) The Presidential Memorandum of October 11, 2019 (Executive
Orders 13836, 13837, and 13839), is hereby revoked.
(e) The heads of agencies whose practices were covered by Executive
Orders 13836, 13837, and 13839 (affected agencies) shall review and
identify existing agency actions related to or arising from those
orders. Such actions include:
(i) Actions related to the authorization of union time described in
sections 4(b) and 5(b) of Executive Order 13837;
(ii) Actions related to the system for monitoring the use of union time
described in section 5(c) of Executive Order 13837;
(iii) Guidance promulgated pursuant to section 7(d) of Executive Order
13837;
(iv) Actions taken pursuant to section 8 of Executive Order 13837;
(v) Revisions to discipline and unacceptable performance policies,
including ones codified in bargaining agreements, issued pursuant to
section 7(b) of Executive Order 13839; and
(vii) The final rule entitled ``Probation on Initial Appointment to a
Competitive Position, Performance-Based Reduction in Grade and Removal
Actions and Adverse Actions,'' 85 Fed. Reg. 65940 (October 16, 2020).
[[Page 466]]
(f) The heads of affected agencies shall, as soon as practicable,
suspend, revise, or rescind, or publish for notice and comment proposed
rules suspending, revising, or rescinding, the actions identified in the
review described in subsection (e) of this section, as appropriate and
consistent with applicable law and the policy set forth in section 1 of
this order.
Sec. 4. Ensuring the Right to Engage in Collective Bargaining. The head
of each agency subject to the provisions of chapter 71 of title 5,
United States Code, shall elect to negotiate over the subjects set forth
in 5 U.S.C. 7106(b)(1) and shall instruct subordinate officials to do
the same.
Sec. 5. Progress Toward a Living Wage for Federal Employees. The
Director of OPM shall provide a report to the President with
recommendations to promote a $15/hour minimum wage for Federal
employees.
Sec. 6. Severability. If any provision of this order, or the application
of such provision to any person or circumstance, is held to be invalid,
the remainder of this order and the application of such provision to
other persons or circumstances shall not be affected thereby.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 22, 2021.
Executive Order 14004 of January 25, 2021
Enabling All Qualified Americans To Serve Their Country in Uniform
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. All Americans who are qualified to serve in the Armed
Forces of the United States (``Armed Forces'') should be able to serve.
The All-Volunteer Force thrives when it is composed of diverse Americans
who can meet the rigorous standards for military service, and an
inclusive military strengthens our national security.
[[Page 467]]
It is my conviction as Commander in Chief of the Armed Forces that
gender identity should not be a bar to military service. Moreover, there
is substantial evidence that allowing transgender individuals to serve
in the military does not have any meaningful negative impact on the
Armed Forces. To that end, in 2016, a meticulous, comprehensive study
requested by the Department of Defense found that enabling transgender
individuals to serve openly in the United States military would have
only a minimal impact on military readiness and healthcare costs. The
study also concluded that open transgender service has had no
significant impact on operational effectiveness or unit cohesion in
foreign militaries.
On the basis of this information, the Secretary of Defense concluded in
2016 that permitting transgender individuals to serve openly in the
military was consistent with military readiness and with strength
through diversity, such that transgender service members who could meet
the required standards and procedures should be permitted to serve
openly. The Secretary of Defense also concluded that it was appropriate
to create a process that would enable service members to take steps to
transition gender while serving.
The previous administration chose to alter that policy to bar
transgender persons, in almost all circumstances, from joining the Armed
Forces and from being able to take steps to transition gender while
serving. Rather than relying on the comprehensive study by a nonpartisan
federally funded research center, the previous administration relied on
a review that resulted in a policy that set unnecessary barriers to
military service. It is my judgment that the Secretary of Defense's 2016
conclusions remain valid, as further demonstrated by the fact that, in
2018, the then-serving Chief of Staff of the Army, Chief of Naval
Operations, Commandant of the Marine Corps, and Chief of Staff of the
Air Force all testified publicly to the Congress that they were not
aware of any issues of unit cohesion, disciplinary problems, or issues
of morale resulting from open transgender service. A group of former
United States Surgeons General, who collectively served under Democratic
and Republican Presidents, echoed this point, stating in 2018 that
``transgender troops are as medically fit as their non-transgender peers
and that there is no medically valid reason--including a diagnosis of
gender dysphoria--to exclude them from military service or to limit
their access to medically necessary care.''
Therefore, it shall be the policy of the United States to ensure that
all transgender individuals who wish to serve in the United States
military and can meet the appropriate standards shall be able to do so
openly and free from discrimination.
Sec. 2. Revocation. The Presidential Memorandum of March 23, 2018
(Military Service by Transgender Individuals), is hereby revoked, and
the Presidential Memorandum of August 25, 2017 (Military Service by
Transgender Individuals), remains revoked.
Sec. 3. Agency Roles and Responsibilities. In furtherance of the policy
described in section 1 of this order, I hereby direct the following:
(a) The Secretary of Defense, and Secretary of Homeland Security
with respect to the Coast Guard, shall, after consultation with the
Joint Chiefs of Staff about how best to implement this policy and
consistent with applicable law, take all necessary steps to ensure that
all directives, orders, regulations, and policies of their respective
departments are consistent with this
[[Page 468]]
order. These steps shall include establishing a process by which
transgender service members may transition gender while serving, along
with any further steps that the Secretary of Defense and Secretary of
Homeland Security deem appropriate to advance the policy described in
section 1 of this order.
(b) The Secretary of Defense shall:
(i) immediately prohibit involuntary separations, discharges, and denials
of reenlistment or continuation of service on the basis of gender identity
or under circumstances relating to their gender identity;
(ii) identify and examine the records of service members who have been
involuntarily separated, discharged, or denied reenlistment or continuation
of service on the basis of gender identity or under circumstances relating
to their gender identity;
(iii) issue guidance to the Secretaries of each military department
regarding the correction of the military records of individuals described
in subsection (b)(ii) of this section as necessary to remove an injustice,
pursuant to section 1552(a) of title 10, United States Code, to the extent
permitted by law; and
(iv) direct the Secretaries of each military department to provide
supplemental guidance, subject to the approval of the Secretary, to the
boards for the correction of military records, instructing such boards on
how to review applications for the correction of records of individuals
described in subsection (b)(ii) of this section. Where appropriate, the
department concerned shall offer such individuals an opportunity to rejoin
the military should they wish to do so and meet the current entry
standards.
(c) The Secretary of Homeland Security with respect to the Coast
Guard shall:
(i) immediately prohibit involuntary separations, discharges, and denials
of reenlistment or continuation of service, on the basis of gender identity
or under circumstances relating to their gender identity;
(ii) identify and examine the records of service members who have been
involuntarily separated, discharged, or denied reenlistment or continuation
of service, on the basis of gender identity or under circumstances relating
to their gender identity;
(iii) issue guidance regarding the correction of the military records of
individuals described in subsection (c)(ii) of this section as necessary to
remove an injustice, pursuant to section 1552(a) of title 10, United States
Code, to the extent permitted by law; and
(iv) provide supplemental guidance to the Board for Correction of Military
Records of the Coast Guard, instructing the Board on how to review
applications for the correction of records of individuals described in
subsection (c)(ii) of this section. Where appropriate, the Secretary of
Homeland Security shall offer such individuals an opportunity to rejoin the
Coast Guard should they wish to do so and meet the current entry standards.
(d) The Secretary of Defense and the Secretary of Homeland Security
shall report to me within 60 days of the date of this order on their
progress in implementing the directives in this order and the policy
described in section 1 of this order.
[[Page 469]]
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 25, 2021.
Executive Order 14005 of January 25, 2021
Ensuring the Future Is Made in All of America by All of America's
Workers
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration that the United
States Government should, consistent with applicable law, use terms and
conditions of Federal financial assistance awards and Federal
procurements to maximize the use of goods, products, and materials
produced in, and services offered in, the United States. The United
States Government should, whenever possible, procure goods, products,
materials, and services from sources that will help American businesses
compete in strategic industries and help America's workers thrive.
Additionally, to promote an accountable and transparent procurement
policy, each agency should vest waiver issuance authority in senior
agency leadership, where appropriate and consistent with applicable law.
Sec. 2. Definitions. (a) ``Agency'' means any authority of the United
States that is an ``agency'' under section 3502(1) of title 44, United
States Code, other than those considered to be independent regulatory
agencies, as defined in section 3502(5) of title 44, United States Code.
(b) ``Made in America Laws'' means all statutes, regulations, rules,
and Executive Orders relating to Federal financial assistance awards or
Federal procurement, including those that refer to ``Buy America'' or
``Buy American,'' that require, or provide a preference for, the
purchase or acquisition of goods, products, or materials produced in the
United States, including iron, steel, and manufactured goods offered in
the United States. Made in America Laws include laws requiring domestic
preference for maritime transport, including the Merchant Marine Act of
1920 (Public Law 66-261), also known as the Jones Act.
[[Page 470]]
(c) ``Waiver'' means an exception from or waiver of Made in America
Laws, or the procedures and conditions used by an agency in granting an
exception from or waiver of Made in America Laws.
Sec. 3. Review of Agency Action Inconsistent with Administration Policy.
(a) The head of each agency shall, as soon as practicable and as
appropriate and consistent with applicable law, including the
Administrative Procedure Act, consider suspending, revising, or
rescinding those agency actions that are inconsistent with the policy
set forth in section 1 of this order.
(b) The head of each agency shall, as soon as practicable and as
appropriate and consistent with applicable law, including the
Administrative Procedure Act, consider proposing any additional agency
actions necessary to enforce the policy set forth in section 1 of this
order.
Sec. 4. Updating and Centralizing the Made in America Waiver Process.
(a) The Director of the Office of Management and Budget (OMB) shall
establish within OMB the Made in America Office. The Made in America
Office shall be headed by a Director of the Made in America Office (Made
in America Director), who shall be appointed by the Director of OMB.
(b) Before an agency grants a waiver, and unless the OMB Director
provides otherwise, the agency (granting agency) shall provide the Made
in America Director with a description of its proposed waiver and a
detailed justification for the use of goods, products, or materials that
have not been mined, produced, or manufactured in the United States.
(i) Within 45 days of the date of the appointment of the Made in America
Director, and as appropriate thereafter, the Director of OMB, through the
Made in America Director, shall:
(1) publish a list of the information that granting agencies shall
include when submitting such descriptions of proposed waivers and
justifications to the Made in America Director; and
(2) publish a deadline, not to exceed 15 business days, by which the
Director of OMB, through the Made in America Director, either will notify
the head of the agency that the Director of OMB, through the Made in
America Director, has waived each review described in subsection (c) of
this section or will notify the head of the agency in writing of the result
of the review.
(ii) To the extent permitted by law and consistent with national security
and executive branch confidentiality interests, descriptions of proposed
waivers and justifications submitted to the Made in America Director by
granting agencies shall be made publicly available on the website
established pursuant to section 6 of this order.
(c) The Director of OMB, through the Made in America Director, shall
review each proposed waiver submitted pursuant to subsection (b) of this
section, except where such review has been waived as described in
subsection (b)(i)(2) of this section.
(i) If the Director of OMB, through the Made in America Director,
determines that issuing the proposed waiver would be consistent with
applicable law and the policy set forth in section 1 of this order, the
Director of OMB, through the Made in America Director, shall notify the
granting agency of that determination in writing.
[[Page 471]]
(ii) If the Director of OMB, through the Made in America Director,
determines that issuing the proposed waiver would not be consistent with
applicable law or the policy set forth in section 1 of this order, the
Director of OMB, through the Made in America Director, shall notify the
granting agency of the determination and shall return the proposed waiver
to the head of the agency for further consideration, providing the granting
agency with a written explanation for the determination.
(1) If the head of the agency disagrees with some or all of the bases for
the determination and return, the head of the agency shall so inform the
Made in America Director in writing.
(2) To the extent permitted by law, disagreements or conflicts between
the Made in America Director and the head of any agency shall be resolved
in accordance with procedures that parallel those set forth in section 7 of
Executive Order 12866 of September 30, 1993 (Regulatory Planning and
Review), with respect to the Director of the Office of Information and
Regulatory Affairs within OMB.
(d) When a granting agency is obligated by law to act more quickly
than the review procedures established in this section allow, the head
of the agency shall notify the Made in America Director as soon as
possible and, to the extent practicable, comply with the requirements
set forth in this section. Nothing in this section shall be construed as
displacing agencies' authorities or responsibilities under law.
Sec. 5. Accounting for Sources of Cost Advantage. To the extent
permitted by law, before granting a waiver in the public interest, the
relevant granting agency shall assess whether a significant portion of
the cost advantage of a foreign-sourced product is the result of the use
of dumped steel, iron, or manufactured goods or the use of injuriously
subsidized steel, iron, or manufactured goods. The granting agency may
consult with the International Trade Administration in making this
assessment if the granting agency deems such consultation to be helpful.
The granting agency shall integrate any findings from the assessment
into its waiver determination as appropriate.
Sec. 6. Promoting Transparency in Federal Procurement. (a) The
Administrator of General Services shall develop a public website that
shall include information on all proposed waivers and whether those
waivers have been granted. The website shall be designed to enable
manufacturers and other interested parties to easily identify proposed
waivers and whether those waivers have been granted. The website shall
also provide publicly available contact information for each granting
agency.
(b) The Director of OMB, through the Made in America Director, shall
promptly report to the Administrator of General Services all proposed
waivers, along with the associated descriptions and justifications
discussed in section 4(b) of this order, and whether those waivers have
been granted. Not later than 5 days after receiving this information,
the Administrator of General Services shall, to the extent permitted by
law and consistent with national security and executive branch
confidentiality interests, make this information available to the public
by posting it on the website established under this section.
[[Page 472]]
Sec. 7. Supplier Scouting. To the extent appropriate and consistent with
applicable law, agencies shall partner with the Hollings Manufacturing
Extension Partnership (MEP), discussed in the Manufacturing Extension
Partnership Improvement Act (title V of Public Law 114-329), to conduct
supplier scouting in order to identify American companies, including
small- and medium-sized companies, that are able to produce goods,
products, and materials in the United States that meet Federal
procurement needs.
Sec. 8. Promoting Enforcement of the Buy American Act of 1933. (a)
Within 180 days of the date of this order, the Federal Acquisition
Regulatory Council (FAR Council) shall consider proposing for notice and
public comment amendments to the applicable provisions in the Federal
Acquisition Regulation (FAR), title 48, Code of Federal Regulations,
consistent with applicable law, that would:
(i) replace the ``component test'' in Part 25 of the FAR that is used to
identify domestic end products and domestic construction materials with a
test under which domestic content is measured by the value that is added to
the product through U.S.-based production or U.S. job-supporting economic
activity;
(ii) increase the numerical threshold for domestic content requirements for
end products and construction materials; and
(iii) increase the price preferences for domestic end products and domestic
construction materials.
(b) The FAR Council shall consider and evaluate public comments on
any regulations proposed pursuant to subsection (a) of this section and
shall promptly issue a final rule, if appropriate and consistent with
applicable law and the national security interests of the United States.
Sec. 9. Updates to the List of Nonavailable Articles. Before the FAR
Council proposes any amendment to the FAR to update the list of
domestically nonavailable articles at section 25.104(a) of the FAR, the
Director of OMB, through the Administrator of the Office of Federal
Procurement Policy (OFPP), shall review the amendment in consultation
with the Secretary of Commerce and the Made in America Director, paying
particular attention to economic analyses of relevant markets and
available market research, to determine whether there is a reasonable
basis to conclude that the article, material, or supply is not mined,
produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities and of a satisfactory
quality. The Director of OMB, through the Administrator of OFPP, shall
make these findings available to the FAR Council for consideration.
Sec. 10. Report on Information Technology That Is a Commercial Item. The
FAR Council shall promptly review existing constraints on the extension
of the requirements in Made in America Laws to information technology
that is a commercial item and shall develop recommendations for lifting
these constraints to further promote the policy set forth in section 1
of this order, as appropriate and consistent with applicable law.
Sec. 11. Report on Use of Made in America Laws. Within 180 days of the
date of this order, the head of each agency shall submit to the Made in
America Director a report on:
(a) the agency's implementation of, and compliance with, Made in
America Laws;
[[Page 473]]
(b) the agency's ongoing use of any longstanding or nationwide
waivers of any Made in America Laws, with a written description of the
consistency of such waivers with the policy set forth in section 1 of
this order; and
(c) recommendations for how to further effectuate the policy set
forth in section 1 of this order.
Sec. 12. Bi-Annual Report on Made in America Laws. Bi-annually following
the initial submission described in section 11 of this order, the head
of each agency shall submit to the Made in America Director a report on:
(a) the agency's ongoing implementation of, and compliance with,
Made in America Laws;
(b) the agency's analysis of goods, products, materials, and
services not subject to Made in America Laws or where requirements of
the Made in America Laws have been waived;
(c) the agency's analysis of spending as a result of waivers issued
pursuant to the Trade Agreements Act of 1979, as amended, 19 U.S.C.
2511, separated by country of origin; and
(d) recommendations for how to further effectuate the policy set
forth in section 1 of this order.
Sec. 13. Ensuring Implementation of Administration Policy on Federal
Government Property. Within 180 days of the date of this order, the
Administrator of General Services shall submit to the Made in America
Director recommendations for ensuring that products offered to the
general public on Federal property are procured in accordance with the
policy set forth in section 1 of this order.
Sec. 14. Revocation of Certain Presidential and Regulatory Actions. (a)
Executive Order 13788 of April 18, 2017 (Buy American and Hire
American), section 5 of Executive Order 13858 of January 31, 2019
(Strengthening Buy-American Preferences for Infrastructure Projects),
and Executive Order 13975 of January 14, 2021 (Encouraging Buy American
Policies for the United States Postal Service), are hereby revoked.
(b) Executive Order 10582 of December 17, 1954 (Prescribing Uniform
Procedures for Certain Determinations Under the Buy-America Act), and
Executive Order 13881 of July 15, 2019 (Maximizing Use of American-Made
Goods, Products, and Materials), are superseded to the extent that they
are inconsistent with this order.
Sec. 15. Severability. If any provision of this order, or the
application of any provision to any person or circumstance, is held to
be invalid, the remainder of this order and the application of its other
provisions to any other persons or circumstances shall not be affected
thereby.
Sec. 16. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
[[Page 474]]
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 25, 2021.
Executive Order 14006 of January 26, 2021
Reforming Our Incarceration System To Eliminate the Use of Privately
Operated Criminal Detention Facilities
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. More than two million people are currently
incarcerated in the United States, including a disproportionate number
of people of color. There is broad consensus that our current system of
mass incarceration imposes significant costs and hardships on our
society and communities and does not make us safer. To decrease
incarceration levels, we must reduce profit-based incentives to
incarcerate by phasing out the Federal Government's reliance on
privately operated criminal detention facilities.
We must ensure that our Nation's incarceration and correctional systems
are prioritizing rehabilitation and redemption. Incarcerated individuals
should be given a fair chance to fully reintegrate into their
communities, including by participating in programming tailored to
earning a good living, securing affordable housing, and participating in
our democracy as our fellow citizens. However, privately operated
criminal detention facilities consistently underperform Federal
facilities with respect to correctional services, programs, and
resources. We should ensure that time in prison prepares individuals for
the next chapter of their lives.
The Federal Government also has a responsibility to ensure the safe and
humane treatment of those in the Federal criminal justice system.
However, as the Department of Justice's Office of Inspector General
found in 2016, privately operated criminal detention facilities do not
maintain the same levels of safety and security for people in the
Federal criminal justice system or for correctional staff. We have a
duty to provide these individuals with safe working and living
conditions.
Sec. 2. Contracts with Privately Operated Criminal Detention Facilities.
The Attorney General shall not renew Department of Justice contracts
with privately operated criminal detention facilities, as consistent
with applicable law.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
[[Page 475]]
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 26, 2021.
Executive Order 14007 of January 27, 2021
President's Council of Advisors on Science and Technology
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to establish an
advisory council on science, technology, and innovation, it is hereby
ordered as follows:
Section 1. Policy. As directed in the Presidential Memorandum of January
27, 2021 (Scientific Integrity and Evidence-Based Policymaking), it is
the policy of my Administration to make evidence-based decisions guided
by the best available science and data. Officials and employees across
my Administration shall seek from scientists, engineers, and other
experts the best available scientific and technological information and
advice.
Sec. 2. Establishment. (a) There is hereby established the President's
Council of Advisors on Science and Technology (PCAST).
(b) The PCAST shall be composed of not more than 26 members. The
Assistant to the President for Science and Technology (the ``Science
Advisor'') shall be a member of the PCAST. The Science Advisor, if also
serving as the Director of the Office of Science and Technology Policy,
may designate the U.S. Chief Technology Officer as a member. The
remaining members shall be distinguished individuals and representatives
from sectors outside of the Federal Government appointed by the
President. These non-Federal members shall have diverse perspectives and
expertise in science, technology, and innovation.
(c) The Science Advisor shall serve as a Co-Chair of the PCAST. The
President shall also designate at least one, but not more than two, of
the non-Federal members to serve as a Co-Chair, or Co-Chairs, of the
PCAST with the Science Advisor. The Science Advisor may designate up to
three Vice Chairs of the PCAST from among the non-Federal members of the
PCAST, to support the Co-Chairs in the leadership and organization of
the PCAST.
Sec. 3. Functions. (a) The PCAST shall advise the President on matters
involving policy affecting science, technology, and innovation, as well
as on matters involving scientific and technological information that is
needed to
[[Page 476]]
inform public policy relating to the economy, worker empowerment,
education, energy, the environment, public health, national and homeland
security, racial equity, and other topics.
(b) The PCAST shall meet regularly and shall:
(i) respond to requests from the President or the Science Advisor for
information, analysis, evaluation, or advice;
(ii) solicit information and ideas from a broad range of stakeholders,
including the research community; the private sector; universities;
national laboratories; State, local, and Tribal governments; foundations;
and nonprofit organizations;
(iii) serve as the advisory committee identified in section 101(b) of the
High-Performance Computing Act of 1991 (Public Law 102-194), as amended (15
U.S.C. 5511(b)), in which capacity the PCAST shall be known as the
President's Innovation and Technology Advisory Committee; and
(iv) serve as the advisory panel identified in section 4 of the 21st
Century Nanotechnology Research and Development Act (Public Law 108-153),
as amended (15 U.S.C. 7503), in which capacity the PCAST shall be known as
the National Nanotechnology Advisory Panel.
(c) The PCAST shall provide advice from the non-Federal sector to
the National Science and Technology Council (NSTC) in response to
requests from the NSTC.
Sec. 4. Administration. (a) The heads of executive departments and
agencies shall, to the extent permitted by law, provide the PCAST with
information concerning scientific and technological matters when
requested by the PCAST Co-Chairs and as required for the purpose of
carrying out the PCAST's functions.
(b) In consultation with the Science Advisor, the PCAST is
authorized to create standing subcommittees and ad hoc groups, including
technical advisory groups, to assist the PCAST and provide preliminary
information directly to the PCAST.
(c) In order to allow the PCAST to provide advice and analysis
regarding classified matters, the Science Advisor may request that
members of the PCAST, its standing subcommittees, or ad hoc groups, who
do not hold a current clearance for access to classified information,
receive security clearance and access determinations pursuant to
Executive Order 12968 of August 2, 1995 (Access to Classified
Information), as amended, or any successor order.
(d) The Department of Energy shall provide such funding and
administrative and technical support as the PCAST may require, to the
extent permitted by law and within existing appropriations.
(e) Members of the PCAST shall serve without any compensation for
their work on the PCAST, but may receive travel expenses, including per
diem in lieu of subsistence, as authorized by law for persons serving
intermittently in the government service (5 U.S.C. 5701-5707).
(f) Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App.), may apply to the PCAST, any functions of the President
under that
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Act, except that of reporting to the Congress, shall be performed by the
Secretary of Energy, in accordance with the guidelines and procedures
established by the Administrator of General Services.
Sec. 5. Termination. The PCAST shall terminate 2 years from the date of
this order unless extended by the President.
Sec. 6. Revocation. Executive Order 13895 of October 22, 2019
(President's Council of Advisors on Science and Technology), is hereby
revoked.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 27, 2021.
Executive Order 14008 of January 27, 2021
Tackling the Climate Crisis at Home and Abroad
The United States and the world face a profound climate crisis. We have
a narrow moment to pursue action at home and abroad in order to avoid
the most catastrophic impacts of that crisis and to seize the
opportunity that tackling climate change presents. Domestic action must
go hand in hand with United States international leadership, aimed at
significantly enhancing global action. Together, we must listen to
science and meet the moment.
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
PART I--PUTTING THE CLIMATE CRISIS AT THE CENTER OF UNITED STATES
FOREIGN POLICY AND NATIONAL SECURITY
Section 101. Policy. United States international engagement to address
climate change--which has become a climate crisis--is more necessary and
urgent than ever. The scientific community has made clear that the scale
and speed of necessary action is greater than previously believed. There
is little time left to avoid setting the world on a dangerous,
potentially catastrophic, climate trajectory. Responding to the climate
crisis will require both significant short-term global reductions in
greenhouse gas emissions and net-zero global emissions by mid-century or
before.
[[Page 478]]
It is the policy of my Administration that climate considerations shall
be an essential element of United States foreign policy and national
security. The United States will work with other countries and partners,
both bilaterally and multilaterally, to put the world on a sustainable
climate pathway. The United States will also move quickly to build
resilience, both at home and abroad, against the impacts of climate
change that are already manifest and will continue to intensify
according to current trajectories.
Sec. 102. Purpose. This order builds on and reaffirms actions my
Administration has already taken to place the climate crisis at the
forefront of this Nation's foreign policy and national security
planning, including submitting the United States instrument of
acceptance to rejoin the Paris Agreement. In implementing--and building
upon--the Paris Agreement's three overarching objectives (a safe global
temperature, increased climate resilience, and financial flows aligned
with a pathway toward low greenhouse gas emissions and climate-resilient
development), the United States will exercise its leadership to promote
a significant increase in global climate ambition to meet the climate
challenge. In this regard:
(a) I will host an early Leaders' Climate Summit aimed at raising
climate ambition and making a positive contribution to the 26th United
Nations Climate Change Conference of the Parties (COP26) and beyond.
(b) The United States will reconvene the Major Economies Forum on
Energy and Climate, beginning with the Leaders' Climate Summit. In
cooperation with the members of that Forum, as well as with other
partners as appropriate, the United States will pursue green recovery
efforts, initiatives to advance the clean energy transition, sectoral
decarbonization, and alignment of financial flows with the objectives of
the Paris Agreement, including with respect to coal financing, nature-
based solutions, and solutions to other climate-related challenges.
(c) I have created a new Presidentially appointed position, the
Special Presidential Envoy for Climate, to elevate the issue of climate
change and underscore the commitment my Administration will make toward
addressing it.
(d) Recognizing that climate change affects a wide range of
subjects, it will be a United States priority to press for enhanced
climate ambition and integration of climate considerations across a wide
range of international fora, including the Group of Seven (G7), the
Group of Twenty (G20), and fora that address clean energy, aviation,
shipping, the Arctic, the ocean, sustainable development, migration, and
other relevant topics. The Special Presidential Envoy for Climate and
others, as appropriate, are encouraged to promote innovative approaches,
including international multi-stakeholder initiatives. In addition, my
Administration will work in partnership with States, localities, Tribes,
territories, and other United States stakeholders to advance United
States climate diplomacy.
(e) The United States will immediately begin the process of
developing its nationally determined contribution under the Paris
Agreement. The process will include analysis and input from relevant
executive departments and agencies (agencies), as well as appropriate
outreach to domestic stakeholders. The United States will aim to submit
its nationally determined contribution in advance of the Leaders'
Climate Summit.
[[Page 479]]
(f) The United States will also immediately begin to develop a
climate finance plan, making strategic use of multilateral and bilateral
channels and institutions, to assist developing countries in
implementing ambitious emissions reduction measures, protecting critical
ecosystems, building resilience against the impacts of climate change,
and promoting the flow of capital toward climate-aligned investments and
away from high-carbon investments. The Secretary of State and the
Secretary of the Treasury, in coordination with the Special Presidential
Envoy for Climate, shall lead a process to develop this plan, with the
participation of the Administrator of the United States Agency for
International Development (USAID), the Chief Executive Officer of the
United States International Development Finance Corporation (DFC), the
Chief Executive Officer of the Millennium Challenge Corporation, the
Director of the United States Trade and Development Agency, the Director
of the Office of Management and Budget, and the head of any other agency
providing foreign assistance and development financing, as appropriate.
The Secretary of State and the Secretary of the Treasury shall submit
the plan to the President, through the Assistant to the President for
National Security Affairs and the Assistant to the President for
Economic Policy, within 90 days of the date of this order.
(g) The Secretary of the Treasury shall:
(i) ensure that the United States is present and engaged in relevant
international fora and institutions that are working on the management of
climate-related financial risks;
(ii) develop a strategy for how the voice and vote of the United States can
be used in international financial institutions, including the World Bank
Group and the International Monetary Fund, to promote financing programs,
economic stimulus packages, and debt relief initiatives that are aligned
with and support the goals of the Paris Agreement; and
(iii) develop, in collaboration with the Secretary of State, the
Administrator of USAID, and the Chief Executive Officer of the DFC, a plan
for promoting the protection of the Amazon rainforest and other critical
ecosystems that serve as global carbon sinks, including through market-
based mechanisms.
(h) The Secretary of State, the Secretary of the Treasury, and the
Secretary of Energy shall work together and with the Export-Import Bank
of the United States, the Chief Executive Officer of the DFC, and the
heads of other agencies and partners, as appropriate, to identify steps
through which the United States can promote ending international
financing of carbon-intensive fossil fuel-based energy while
simultaneously advancing sustainable development and a green recovery,
in consultation with the Assistant to the President for National
Security Affairs.
(i) The Secretary of Energy, in cooperation with the Secretary of State and
the heads of other agencies, as appropriate, shall identify steps through
which the United States can intensify international collaborations to drive
innovation and deployment of clean energy technologies, which are critical
for climate protection.
(j) The Secretary of State shall prepare, within 60 days of the date of
this order, a transmittal package seeking the Senate's advice and consent
to ratification of the Kigali Amendment to the Montreal Protocol on
Substances that Deplete the Ozone Layer, regarding the phasedown of the
production and consumption of hydrofluorocarbons.
[[Page 480]]
Sec. 103. Prioritizing Climate in Foreign Policy and National Security.
To ensure that climate change considerations are central to United
States foreign policy and national security:
(a) Agencies that engage in extensive international work shall
develop, in coordination with the Special Presidential Envoy for
Climate, and submit to the President, through the Assistant to the
President for National Security Affairs, within 90 days of the date of
this order, strategies and implementation plans for integrating climate
considerations into their international work, as appropriate and
consistent with applicable law. These strategies and plans should
include an assessment of:
(i) climate impacts relevant to broad agency strategies in particular
countries or regions;
(ii) climate impacts on their agency-managed infrastructure abroad (e.g.,
embassies, military installations), without prejudice to existing
requirements regarding assessment of such infrastructure;
(iii) how the agency intends to manage such impacts or incorporate risk
mitigation into its installation master plans; and
(iv) how the agency's international work, including partner engagement, can
contribute to addressing the climate crisis.
(b) The Director of National Intelligence shall prepare, within 120
days of the date of this order, a National Intelligence Estimate on the
national and economic security impacts of climate change.
(c) The Secretary of Defense, in coordination with the Secretary of
Commerce, through the Administrator of the National Oceanic and
Atmospheric Administration, the Chair of the Council on Environmental
Quality, the Administrator of the Environmental Protection Agency, the
Director of National Intelligence, the Director of the Office of Science
and Technology Policy, the Administrator of the National Aeronautics and
Space Administration, and the heads of other agencies as appropriate,
shall develop and submit to the President, within 120 days of the date
of this order, an analysis of the 8security implications of climate
change (Climate Risk Analysis) that can be incorporated into modeling,
simulation, war-gaming, and other analyses.
(d) The Secretary of Defense and the Chairman of the Joint Chiefs of
Staff shall consider the security implications of climate change,
including any relevant information from the Climate Risk Analysis
described in subsection (c) of this section, in developing the National
Defense Strategy, Defense Planning Guidance, Chairman's Risk Assessment,
and other relevant strategy, planning, and programming documents and
processes. Starting in January 2022, the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall provide an annual update,
through the National Security Council, on the progress made in
incorporating the security implications of climate change into these
documents and processes.
(e) The Secretary of Homeland Security shall consider the
implications of climate change in the Arctic, along our Nation's
borders, and to National Critical Functions, including any relevant
information from the Climate Risk Analysis described in subsection (c)
of this section, in developing relevant strategy, planning, and
programming documents and processes. Starting in January 2022, the
Secretary of Homeland Security shall provide an annual update, through
the National Security Council, on the progress
[[Page 481]]
made in incorporating the homeland security implications of climate
change into these documents and processes.
Sec. 104. Reinstatement. The Presidential Memorandum of September 21,
2016 (Climate Change and National Security), is hereby reinstated.
PART II--TAKING A GOVERNMENT-WIDE APPROACH TO THE CLIMATE CRISIS
Sec. 201. Policy. Even as our Nation emerges from profound public health
and economic crises borne of a pandemic, we face a climate crisis that
threatens our people and communities, public health and economy, and,
starkly, our ability to live on planet Earth. Despite the peril that is
already evident, there is promise in the solutions--opportunities to
create well-paying union jobs to build a modern and sustainable
infrastructure, deliver an equitable, clean energy future, and put the
United States on a path to achieve net-zero emissions, economy-wide, by
no later than 2050.
We must listen to science--and act. We must strengthen our clean air and
water protections. We must hold polluters accountable for their actions.
We must deliver environmental justice in communities all across America.
The Federal Government must drive assessment, disclosure, and mitigation
of climate pollution and climate-related risks in every sector of our
economy, marshaling the creativity, courage, and capital necessary to
make our Nation resilient in the face of this threat. Together, we must
combat the climate crisis with bold, progressive action that combines
the full capacity of the Federal Government with efforts from every
corner of our Nation, every level of government, and every sector of our
economy.
It is the policy of my Administration to organize and deploy the full
capacity of its agencies to combat the climate crisis to implement a
Government-wide approach that reduces climate pollution in every sector
of the economy; increases resilience to the impacts of climate change;
protects public health; conserves our lands, waters, and biodiversity;
delivers environmental justice; and spurs well-paying union jobs and
economic growth, especially through innovation, commercialization, and
deployment of clean energy technologies and infrastructure. Successfully
meeting these challenges will require the Federal Government to pursue
such a coordinated approach from planning to implementation, coupled
with substantive engagement by stakeholders, including State, local, and
Tribal governments.
Sec. 202. White House Office of Domestic Climate Policy. There is hereby
established the White House Office of Domestic Climate Policy (Climate
Policy Office) within the Executive Office of the President, which shall
coordinate the policy-making process with respect to domestic climate-
policy issues; coordinate domestic climate-policy advice to the
President; ensure that domestic climate-policy decisions and programs
are consistent with the President's stated goals and that those goals
are being effectively pursued; and monitor implementation of the
President's domestic climate-policy agenda. The Climate Policy Office
shall have a staff headed by the Assistant to the President and National
Climate Advisor (National Climate Advisor) and shall include the Deputy
Assistant to the President and Deputy National Climate Advisor. The
Climate Policy Office shall have such staff and other assistance as may
be necessary to carry out the provisions of this order, subject to the
availability of appropriations, and may work with established or ad hoc
committees or interagency groups. All agencies
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shall cooperate with the Climate Policy Office and provide such
information, support, and assistance to the Climate Policy Office as it
may request, as appropriate and consistent with applicable law.
Sec. 203. National Climate Task Force. There is hereby established a
National Climate Task Force (Task Force). The Task Force shall be
chaired by the National Climate Advisor.
(a) Membership. The Task Force shall consist of the following
additional members:
(i) the Secretary of the Treasury;
(ii) the Secretary of Defense;
(iii) the Attorney General;
(iv) the Secretary of the Interior;
(v) the Secretary of Agriculture;
(vi) the Secretary of Commerce;
(vii) the Secretary of Labor;
(viii) the Secretary of Health and Human Services;
(ix) the Secretary of Housing and Urban Development;
(x) the Secretary of Transportation;
(xi) the Secretary of Energy;
(xii) the Secretary of Homeland Security;
(xiii) the Administrator of General Services;
(xiv) the Chair of the Council on Environmental Quality;
(xv) the Administrator of the Environmental Protection Agency;
(xvi) the Director of the Office of Management and Budget;
(xvii) the Director of the Office of Science and Technology Policy;
(xviii) the Assistant to the President for Domestic Policy;
(xix) the Assistant to the President for National Security Affairs;
(xx) the Assistant to the President for Homeland Security and
Counterterrorism; and
(xxi) the Assistant to the President for Economic Policy.
(b) Mission and Work. The Task Force shall facilitate the
organization and deployment of a Government-wide approach to combat the
climate crisis. This Task Force shall facilitate planning and
implementation of key Federal actions to reduce climate pollution;
increase resilience to the impacts of climate change; protect public
health; conserve our lands, waters, oceans, and biodiversity; deliver
environmental justice; and spur well-paying union jobs and economic
growth. As necessary and appropriate, members of the Task Force will
engage on these matters with State, local, Tribal, and territorial
governments; workers and communities; and leaders across the various
sectors of our economy.
(c) Prioritizing Actions. To the extent permitted by law, Task Force
members shall prioritize action on climate change in their policy-making
and
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budget processes, in their contracting and procurement, and in their
engagement with State, local, Tribal, and territorial governments;
workers and communities; and leaders across all the sectors of our
economy.
USE OF THE FEDERAL GOVERNMENT'S BUYING POWER AND REAL PROPERTY AND ASSET
MANAGEMENT
Sec. 204. Policy. It is the policy of my Administration to lead the
Nation's effort to combat the climate crisis by example--specifically,
by aligning the management of Federal procurement and real property,
public lands and waters, and financial programs to support robust
climate action. By providing an immediate, clear, and stable source of
product demand, increased transparency and data, and robust standards
for the market, my Administration will help to catalyze private sector
investment into, and accelerate the advancement of America's industrial
capacity to supply, domestic clean energy, buildings, vehicles, and
other necessary products and materials.
Sec. 205. Federal Clean Electricity and Vehicle Procurement Strategy.
(a) The Chair of the Council on Environmental Quality, the Administrator
of General Services, and the Director of the Office and Management and
Budget, in coordination with the Secretary of Commerce, the Secretary of
Labor, the Secretary of Energy, and the heads of other relevant
agencies, shall assist the National Climate Advisor, through the Task
Force established in section 203 of this order, in developing a
comprehensive plan to create good jobs and stimulate clean energy
industries by revitalizing the Federal Government's sustainability
efforts.
(b) The plan shall aim to use, as appropriate and consistent with
applicable law, all available procurement authorities to achieve or
facilitate:
(i) a carbon pollution-free electricity sector no later than 2035; and
(ii) clean and zero-emission vehicles for Federal, State, local, and Tribal
government fleets, including vehicles of the United States Postal Service.
(c) If necessary, the plan shall recommend any additional
legislation needed to accomplish these objectives.
(d) The plan shall also aim to ensure that the United States retains
the union jobs integral to and involved in running and maintaining clean
and zero-emission fleets, while spurring the creation of union jobs in
the manufacture of those new vehicles. The plan shall be submitted to
the Task Force within 90 days of the date of this order.
Sec. 206. Procurement Standards. Consistent with the Executive Order of
January 25, 2021, entitled, ``Ensuring the Future Is Made in All of
America by All of America's Workers,'' agencies shall adhere to the
requirements of the Made in America Laws in making clean energy, energy
efficiency, and clean energy procurement decisions. Agencies shall,
consistent with applicable law, apply and enforce the Davis-Bacon Act
and prevailing wage and benefit requirements. The Secretary of Labor
shall take steps to update prevailing wage requirements. The Chair of
the Council on Environmental Quality shall consider additional
administrative steps and guidance to assist the Federal Acquisition
Regulatory Council in developing regulatory amendments to promote
increased contractor attention on reduced carbon emission and Federal
sustainability.
Sec. 207. Renewable Energy on Public Lands and in Offshore Waters. The
Secretary of the Interior shall review siting and permitting processes
on public lands and in offshore waters to identify to the Task Force
steps that
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can be taken, consistent with applicable law, to increase renewable
energy production on those lands and in those waters, with the goal of
doubling offshore wind by 2030 while ensuring robust protection for our
lands, waters, and biodiversity and creating good jobs. In conducting
this review, the Secretary of the Interior shall consult, as
appropriate, with the heads of relevant agencies, including the
Secretary of Defense, the Secretary of Agriculture, the Secretary of
Commerce, through the Administrator of the National Oceanic and
Atmospheric Administration, the Secretary of Energy, the Chair of the
Council on Environmental Quality, State and Tribal authorities, project
developers, and other interested parties. The Secretary of the Interior
shall engage with Tribal authorities regarding the development and
management of renewable and conventional energy resources on Tribal
lands.
Sec. 208. Oil and Natural Gas Development on Public Lands and in
Offshore Waters. To the extent consistent with applicable law, the
Secretary of the Interior shall pause new oil and natural gas leases on
public lands or in offshore waters pending completion of a comprehensive
review and reconsideration of Federal oil and gas permitting and leasing
practices in light of the Secretary of the Interior's broad stewardship
responsibilities over the public lands and in offshore waters, including
potential climate and other impacts associated with oil and gas
activities on public lands or in offshore waters. The Secretary of the
Interior shall complete that review in consultation with the Secretary
of Agriculture, the Secretary of Commerce, through the National Oceanic
and Atmospheric Administration, and the Secretary of Energy. In
conducting this analysis, and to the extent consistent with applicable
law, the Secretary of the Interior shall consider whether to adjust
royalties associated with coal, oil, and gas resources extracted from
public lands and offshore waters, or take other appropriate action, to
account for corresponding climate costs.
Sec. 209. Fossil Fuel Subsidies. The heads of agencies shall identify
for the Director of the Office of Management and Budget and the National
Climate Advisor any fossil fuel subsidies provided by their respective
agencies, and then take steps to ensure that, to the extent consistent
with applicable law, Federal funding is not directly subsidizing fossil
fuels. The Director of the Office of Management and Budget shall seek,
in coordination with the heads of agencies and the National Climate
Advisor, to eliminate fossil fuel subsidies from the budget request for
Fiscal Year 2022 and thereafter.
Sec. 210. Clean Energy in Financial Management. The heads of agencies
shall identify opportunities for Federal funding to spur innovation,
commercialization, and deployment of clean energy technologies and
infrastructure for the Director of the Office of Management and Budget
and the National Climate Advisor, and then take steps to ensure that, to
the extent consistent with applicable law, Federal funding is used to
spur innovation, commercialization, and deployment of clean energy
technologies and infrastructure. The Director of the Office of
Management and Budget, in coordination with agency heads and the
National Climate Advisor, shall seek to prioritize such investments in
the President's budget request for Fiscal Year 2022 and thereafter.
Sec. 211. Climate Action Plans and Data and Information Products to
Improve Adaptation and Increase Resilience. (a) The head of each agency
shall submit a draft action plan to the Task Force and the Federal Chief
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Sustainability Officer within 120 days of the date of this order that
describes steps the agency can take with regard to its facilities and
operations to bolster adaptation and increase resilience to the impacts
of climate change. Action plans should, among other things, describe the
agency's climate vulnerabilities and describe the agency's plan to use
the power of procurement to increase the energy and water efficiency of
United States Government installations, buildings, and facilities and
ensure they are climate-ready. Agencies shall consider the feasibility
of using the purchasing power of the Federal Government to drive
innovation, and shall seek to increase the Federal Government's
resilience against supply chain disruptions. Such disruptions put the
Nation's manufacturing sector at risk, as well as consumer access to
critical goods and services. Agencies shall make their action plans
public, and post them on the agency website, to the extent consistent
with applicable law.
(b) Within 30 days of an agency's submission of an action plan, the
Federal Chief Sustainability Officer, in coordination with the Director
of the Office of Management and Budget, shall review the plan to assess
its consistency with the policy set forth in section 204 of this order
and the priorities issued by the Office of Management and Budget.
(c) After submitting an initial action plan, the head of each agency
shall submit to the Task Force and Federal Chief Sustainability Officer
progress reports annually on the status of implementation efforts.
Agencies shall make progress reports public and post them on the agency
website, to the extent consistent with applicable law. The heads of
agencies shall assign their respective agency Chief Sustainability
Officer the authority to perform duties relating to implementation of
this order within the agency, to the extent consistent with applicable
law.
(d) To assist agencies and State, local, Tribal, and territorial
governments, communities, and businesses in preparing for and adapting
to the impacts of climate change, the Secretary of Commerce, through the
Administrator of the National Oceanic and Atmospheric Administration,
the Secretary of Homeland Security, through the Administrator of the
Federal Emergency Management Agency, and the Director of the Office of
Science and Technology Policy, in coordination with the heads of other
agencies, as appropriate, shall provide to the Task Force a report on
ways to expand and improve climate forecast capabilities and information
products for the public. In addition, the Secretary of the Interior and
the Deputy Director for Management of the Office of Management and
Budget, in their capacities as the Chair and Vice-Chair of the Federal
Geographic Data Committee, shall assess and provide to the Task Force a
report on the potential development of a consolidated Federal geographic
mapping service that can facilitate public access to climate-related
information that will assist Federal, State, local, and Tribal
governments in climate planning and resilience activities.
EMPOWERING WORKERS THROUGH REBUILDING OUR INFRASTRUCTURE FOR A
SUSTAINABLE ECONOMY
Sec. 212. Policy. This Nation needs millions of construction,
manufacturing, engineering, and skilled-trades workers to build a new
American infrastructure and clean energy economy. These jobs will create
opportunities for young people and for older workers shifting to new
professions, and for
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people from all backgrounds and communities. Such jobs will bring
opportunity to communities too often left behind--places that have
suffered as a result of economic shifts and places that have suffered
the most from persistent pollution, including low-income rural and urban
communities, communities of color, and Native communities.
Sec. 213. Sustainable Infrastructure. (a) The Chair of the Council on
Environmental Quality and the Director of the Office of Management and
Budget shall take steps, consistent with applicable law, to ensure that
Federal infrastructure investment reduces climate pollution, and to
require that Federal permitting decisions consider the effects of
greenhouse gas emissions and climate change. In addition, they shall
review, and report to the National Climate Advisor on, siting and
permitting processes, including those in progress under the auspices of
the Federal Permitting Improvement Steering Council, and identify steps
that can be taken, consistent with applicable law, to accelerate the
deployment of clean energy and transmission projects in an
environmentally stable manner.
(b) Agency heads conducting infrastructure reviews shall, as
appropriate, consult from an early stage with State, local, and Tribal
officials involved in permitting or authorizing proposed infrastructure
projects to develop efficient timelines for decision-making that are
appropriate given the complexities of proposed projects.
EMPOWERING WORKERS BY ADVANCING CONSERVATION, AGRICULTURE, AND
REFORESTATION
Sec. 214. Policy. It is the policy of my Administration to put a new
generation of Americans to work conserving our public lands and waters.
The Federal Government must protect America's natural treasures,
increase reforestation, improve access to recreation, and increase
resilience to wildfires and storms, while creating well-paying union
jobs for more Americans, including more opportunities for women and
people of color in occupations where they are underrepresented.
America's farmers, ranchers, and forest landowners have an important
role to play in combating the climate crisis and reducing greenhouse gas
emissions, by sequestering carbon in soils, grasses, trees, and other
vegetation and sourcing sustainable bioproducts and fuels. Coastal
communities have an essential role to play in mitigating climate change
and strengthening resilience by protecting and restoring coastal
ecosystems, such as wetlands, seagrasses, coral and oyster reefs, and
mangrove and kelp forests, to protect vulnerable coastlines, sequester
carbon, and support biodiversity and fisheries.
Sec. 215. Civilian Climate Corps. In furtherance of the policy set forth
in section 214 of this order, the Secretary of the Interior, in
collaboration with the Secretary of Agriculture and the heads of other
relevant agencies, shall submit a strategy to the Task Force within 90
days of the date of this order for creating a Civilian Climate Corps
Initiative, within existing appropriations, to mobilize the next
generation of conservation and resilience workers and maximize the
creation of accessible training opportunities and good jobs. The
initiative shall aim to conserve and restore public lands and waters,
bolster community resilience, increase reforestation, increase carbon
sequestration in the agricultural sector, protect biodiversity, improve
access to recreation, and address the changing climate.
Sec. 216. Conserving Our Nation's Lands and Waters. (a) The Secretary of
the Interior, in consultation with the Secretary of Agriculture, the
Secretary
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of Commerce, the Chair of the Council on Environmental Quality, and the
heads of other relevant agencies, shall submit a report to the Task
Force within 90 days of the date of this order recommending steps that
the United States should take, working with State, local, Tribal, and
territorial governments, agricultural and forest landowners, fishermen,
and other key stakeholders, to achieve the goal of conserving at least
30 percent of our lands and waters by 2030.
(i) The Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Commerce, through the Administrator of the National Oceanic
and Atmospheric Administration, and the Chair of the Council on
Environmental Quality shall, as appropriate, solicit input from State,
local, Tribal, and territorial officials, agricultural and forest
landowners, fishermen, and other key stakeholders in identifying strategies
that will encourage broad participation in the goal of conserving 30
percent of our lands and waters by 2030.
(ii) The report shall propose guidelines for determining whether lands and
waters qualify for conservation, and it also shall establish mechanisms to
measure progress toward the 30-percent goal. The Secretary of the Interior
shall subsequently submit annual reports to the Task Force to monitor
progress.
(b) The Secretary of Agriculture shall:
(i) initiate efforts in the first 60 days from the date of this order to
collect input from Tribes, farmers, ranchers, forest owners, conservation
groups, firefighters, and other stakeholders on how to best use Department
of Agriculture programs, funding and financing capacities, and other
authorities, and how to encourage the voluntary adoption of climate-smart
agricultural and forestry practices that decrease wildfire risk fueled by
climate change and result in additional, measurable, and verifiable carbon
reductions and sequestration and that source sustainable bioproducts and
fuels; and
(ii) submit to the Task Force within 90 days of the date of this order a
report making recommendations for an agricultural and forestry climate
strategy.
(c) The Secretary of Commerce, through the Administrator of the
National Oceanic and Atmospheric Administration, shall initiate efforts
in the first 60 days from the date of this order to collect input from
fishermen, regional ocean councils, fishery management councils,
scientists, and other stakeholders on how to make fisheries and
protected resources more resilient to climate change, including changes
in management and conservation measures, and improvements in science,
monitoring, and cooperative research.
EMPOWERING WORKERS THROUGH REVITALIZING ENERGY COMMUNITIES
Sec. 217. Policy. It is the policy of my Administration to improve air
and water quality and to create well-paying union jobs and more
opportunities for women and people of color in hard-hit communities,
including rural communities, while reducing methane emissions, oil and
brine leaks, and other environmental harms from tens of thousands of
former mining and well sites. Mining and power plant workers drove the
industrial revolution and the economic growth that followed, and have
been essential to the
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growth of the United States. As the Nation shifts to a clean energy
economy, Federal leadership is essential to foster economic
revitalization of and investment in these communities, ensure the
creation of good jobs that provide a choice to join a union, and secure
the benefits that have been earned by workers.
Such work should include projects that reduce emissions of toxic
substances and greenhouse gases from existing and abandoned
infrastructure and that prevent environmental damage that harms
communities and poses a risk to public health and safety. Plugging leaks
in oil and gas wells and reclaiming abandoned mine land can create well-
paying union jobs in coal, oil, and gas communities while restoring
natural assets, revitalizing recreation economies, and curbing methane
emissions. In addition, such work should include efforts to turn
properties idled in these communities, such as brownfields, into new
hubs for the growth of our economy. Federal agencies should therefore
coordinate investments and other efforts to assist coal, oil and gas,
and power plant communities, and achieve substantial reductions of
methane emissions from the oil and gas sector as quickly as possible.
Sec. 218. Interagency Working Group on Coal and Power Plant Communities
and Economic Revitalization. There is hereby established an Interagency
Working Group on Coal and Power Plant Communities and Economic
Revitalization (Interagency Working Group). The National Climate Advisor
and the Assistant to the President for Economic Policy shall serve as
Co-Chairs of the Interagency Working Group.
(a) Membership. The Interagency Working Group shall consist of the
following additional members:
(i) the Secretary of the Treasury;
(ii) the Secretary of the Interior;
(iii) the Secretary of Agriculture;
(iv) the Secretary of Commerce;
(v) the Secretary of Labor;
(vi) the Secretary of Health and Human Services;
(vii) the Secretary of Transportation;
(viii) the Secretary of Energy;
(ix) the Secretary of Education;
(x) the Administrator of the Environmental Protection Agency;
(xi) the Director of the Office of Management and Budget;
(xii) the Assistant to the President for Domestic Policy and Director of
the Domestic Policy Council; and
(xiii) the Federal Co-Chair of the Appalachian Regional Commission.
(b) Mission and Work.
(i) The Interagency Working Group shall coordinate the identification and
delivery of Federal resources to revitalize the economies of coal, oil and
gas, and power plant communities; develop strategies to implement the
policy set forth in section 217 of this order and for economic and
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social recovery; assess opportunities to ensure benefits and protections
for coal and power plant workers; and submit reports to the National
Climate Advisor and the Assistant to the President for Economic Policy on a
regular basis on the progress of the revitalization effort.
(ii) As part of this effort, within 60 days of the date of this order, the
Interagency Working Group shall submit a report to the President describing
all mechanisms, consistent with applicable law, to prioritize grantmaking,
Federal loan programs, technical assistance, financing, procurement, or
other existing programs to support and revitalize the economies of coal and
power plant communities, and providing recommendations for action
consistent with the goals of the Interagency Working Group.
(c) Consultation. Consistent with the objectives set out in this
order and in accordance with applicable law, the Interagency Working
Group shall seek the views of State, local, and Tribal officials;
unions; environmental justice organizations; community groups; and other
persons it identifies who may have perspectives on the mission of the
Interagency Working Group.
(d) Administration. The Interagency Working Group shall be housed
within the Department of Energy. The Chairs shall convene regular
meetings of the Interagency Working Group, determine its agenda, and
direct its work. The Secretary of Energy, in consultation with the
Chairs, shall designate an Executive Director of the Interagency Working
Group, who shall coordinate the work of the Interagency Working Group
and head any staff assigned to the Interagency Working Group.
(e) Officers. To facilitate the work of the Interagency Working
Group, the head of each agency listed in subsection (a) of this section
shall assign a designated official within the agency the authority to
represent the agency on the Interagency Working Group and perform such
other duties relating to the implementation of this order within the
agency as the head of the agency deems appropriate.
SECURING ENVIRONMENTAL JUSTICE AND SPURRING ECONOMIC OPPORTUNITY
Sec. 219. Policy. To secure an equitable economic future, the United
States must ensure that environmental and economic justice are key
considerations in how we govern. That means investing and building a
clean energy economy that creates well-paying union jobs, turning
disadvantaged communities--historically marginalized and overburdened--
into healthy, thriving communities, and undertaking robust actions to
mitigate climate change while preparing for the impacts of climate
change across rural, urban, and Tribal areas. Agencies shall make
achieving environmental justice part of their missions by developing
programs, policies, and activities to address the disproportionately
high and adverse human health, environmental, climate-related and other
cumulative impacts on disadvantaged communities, as well as the
accompanying economic challenges of such impacts. It is therefore the
policy of my Administration to secure environmental justice and spur
economic opportunity for disadvantaged communities that have been
historically marginalized and overburdened by pollution and
underinvestment in housing, transportation, water and wastewater
infrastructure, and health care.
[[Page 490]]
Sec. 220. White House Environmental Justice Interagency Council. (a)
Section 1-102 of Executive Order 12898 of February 11, 1994 (Federal
Actions To Address Environmental Justice in Minority Populations and
Low-Income Populations), is hereby amended to read as follows:
``(a) There is hereby created within the Executive Office of the
President a White House Environmental Justice Interagency Council
(Interagency Council). The Chair of the Council on Environmental Quality
shall serve as Chair of the Interagency Council.
``(b) Membership. The Interagency Council shall consist of the
following additional members:
(i) the Secretary of Defense;
(ii) the Attorney General;
(iii) the Secretary of the Interior;
(iv) the Secretary of Agriculture;
(v) the Secretary of Commerce;
(vi) the Secretary of Labor;
(vii) the Secretary of Health and Human Services;
(viii) the Secretary of Housing and Urban Development;
(ix) the Secretary of Transportation;
(x) the Secretary of Energy;
(xi) the Chair of the Council of Economic Advisers;
(xii) the Administrator of the Environmental Protection Agency;
(xiii) the Director of the Office of Management and Budget;
(xiv) the Executive Director of the Federal Permitting Improvement Steering
Council;
(xv) the Director of the Office of Science and Technology Policy;
(xvi) the National Climate Advisor;
(xvii) the Assistant to the President for Domestic Policy; and
(xviii) the Assistant to the President for Economic Policy.
``(c) At the direction of the Chair, the Interagency Council may
establish subgroups consisting exclusively of Interagency Council
members or their designees under this section, as appropriate.
``(d) Mission and Work. The Interagency Council shall develop a
strategy to address current and historic environmental injustice by
consulting with the White House Environmental Justice Advisory Council
and with local environmental justice leaders. The Interagency Council
shall also develop clear performance metrics to ensure accountability,
and publish an annual public performance scorecard on its
implementation.
``(e) Administration. The Office of Administration within the
Executive Office of the President shall provide funding and
administrative support for the Interagency Council, to the extent
permitted by law and within existing appropriations. To the extent
permitted by law, including the Economy Act
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(31 U.S.C. 1535), and subject to the availability of appropriations, the
Department of Labor, the Department of Transportation, and the
Environmental Protection Agency shall provide administrative support as
necessary.
``(f) Meetings and Staff. The Chair shall convene regular meetings
of the Council, determine its agenda, and direct its work. The Chair
shall designate an Executive Director of the Council, who shall
coordinate the work of the Interagency Council and head any staff
assigned to the Council.
``(g) Officers. To facilitate the work of the Interagency Council,
the head of each agency listed in subsection (b) shall assign a
designated official within the agency to be an Environmental Justice
Officer, with the authority to represent the agency on the Interagency
Council and perform such other duties relating to the implementation of
this order within the agency as the head of the agency deems
appropriate.''
(b) The Interagency Council shall, within 120 days of the date of
this order, submit to the President, through the National Climate
Advisor, a set of recommendations for further updating Executive Order
12898.
Sec. 221. White House Environmental Justice Advisory Council. There is
hereby established, within the Environmental Protection Agency, the
White House Environmental Justice Advisory Council (Advisory Council),
which shall advise the Interagency Council and the Chair of the Council
on Environmental Quality.
(a) Membership. Members shall be appointed by the President, shall
be drawn from across the political spectrum, and may include those with
knowledge about or experience in environmental justice, climate change,
disaster preparedness, racial inequity, or any other area determined by
the President to be of value to the Advisory Council.
(b) Mission and Work. The Advisory Council shall be solely advisory.
It shall provide recommendations to the White House Environmental
Justice Interagency Council established in section 220 of this order on
how to increase the Federal Government's efforts to address current and
historic environmental injustice, including recommendations for updating
Executive Order 12898.
(c) Administration. The Environmental Protection Agency shall
provide funding and administrative support for the Advisory Council to
the extent permitted by law and within existing appropriations. Members
of the Advisory Council shall serve without either compensation or
reimbursement of expenses.
(d) Federal Advisory Committee Act. Insofar as the Federal Advisory
Committee Act, as amended (5 U.S.C. App.), may apply to the Advisory
Council, any functions of the President under the Act, except for those
in section 6 of the Act, shall be performed by the Administrator of the
Environmental Protection Agency in accordance with the guidelines that
have been issued by the Administrator of General Services.
Sec. 222. Agency Responsibilities. In furtherance of the policy set
forth in section 219:
(a) The Chair of the Council on Environmental Quality shall, within
6 months of the date of this order, create a geospatial Climate and
Economic Justice Screening Tool and shall annually publish interactive
maps highlighting disadvantaged communities.
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(b) The Administrator of the Environmental Protection Agency shall,
within existing appropriations and consistent with applicable law:
(i) strengthen enforcement of environmental violations with
disproportionate impact on underserved communities through the Office of
Enforcement and Compliance Assurance; and
(ii) create a community notification program to monitor and provide real-
time data to the public on current environmental pollution, including
emissions, criteria pollutants, and toxins, in frontline and fenceline
communities--places with the most significant exposure to such pollution.
(c) The Attorney General shall, within existing appropriations and
consistent with applicable law:
(i) consider renaming the Environment and Natural Resources Division the
Environmental Justice and Natural Resources Division;
(ii) direct that division to coordinate with the Administrator of the
Environmental Protection Agency, through the Office of Enforcement and
Compliance Assurance, as well as with other client agencies as appropriate,
to develop a comprehensive environmental justice enforcement strategy,
which shall seek to provide timely remedies for systemic environmental
violations and contaminations, and injury to natural resources; and
(iii) ensure comprehensive attention to environmental justice throughout
the Department of Justice, including by considering creating an Office of
Environmental Justice within the Department to coordinate environmental
justice activities among Department of Justice components and United States
Attorneys' Offices nationwide.
(d) The Secretary of Health and Human Services shall, consistent
with applicable law and within existing appropriations:
(i) establish an Office of Climate Change and Health Equity to address the
impact of climate change on the health of the American people; and
(ii) establish an Interagency Working Group to Decrease Risk of Climate
Change to Children, the Elderly, People with Disabilities, and the
Vulnerable as well as a biennial Health Care System Readiness Advisory
Council, both of which shall report their progress and findings regularly
to the Task Force.
(e) The Director of the Office of Science and Technology Policy
shall, in consultation with the National Climate Advisor, within
existing appropriations, and within 100 days of the date of this order,
publish a report identifying the climate strategies and technologies
that will result in the most air and water quality improvements, which
shall be made public to the maximum extent possible and published on the
Office's website.
Sec. 223. Justice40 Initiative. (a) Within 120 days of the date of this
order, the Chair of the Council on Environmental Quality, the Director
of the Office of Management and Budget, and the National Climate
Advisor, in consultation with the Advisory Council, shall jointly
publish recommendations on how certain Federal investments might be made
toward a goal that 40 percent of the overall benefits flow to
disadvantaged communities. The recommendations shall focus on
investments in the areas of clean energy and energy efficiency; clean
transit; affordable and sustainable housing; training
[[Page 493]]
and workforce development; the remediation and reduction of legacy
pollution; and the development of critical clean water infrastructure.
The recommendations shall reflect existing authorities the agencies may
possess for achieving the 40-percent goal as well as recommendations on
any legislation needed to achieve the 40-percent goal.
(b) In developing the recommendations, the Chair of the Council on
Environmental Quality, the Director of the Office of Management and
Budget, and the National Climate Advisor shall consult with affected
disadvantaged communities.
(c) Within 60 days of the recommendations described in subsection
(a) of this section, agency heads shall identify applicable program
investment funds based on the recommendations and consider interim
investment guidance to relevant program staff, as appropriate and
consistent with applicable law.
(d) By February 2022, the Director of the Office of Management and
Budget, in coordination with the Chair of the Council on Environmental
Quality, the Administrator of the United States Digital Service, and
other relevant agency heads, shall, to the extent consistent with
applicable law, publish on a public website an annual Environmental
Justice Scorecard detailing agency environmental justice performance
measures.
PART III--GENERAL PROVISIONS
Sec. 301. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget,
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 27, 2021.
Executive Order 14009 of January 28, 2021
Strengthening Medicaid and the Affordable Care Act
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. In the 10 years since its enactment, the Affordable
Care Act (ACA) has reduced the number of uninsured Americans by more
than
[[Page 494]]
20 million, extended critical consumer protections to more than 100
million people, and strengthened and improved the Nation's healthcare
system. At the same time, millions of people who are potentially
eligible for coverage under the ACA or other laws remain uninsured, and
obtaining insurance benefits is more difficult than necessary. For these
reasons, it is the policy of my Administration to protect and strengthen
Medicaid and the ACA and to make high-quality healthcare accessible and
affordable for every American.
Sec. 2. Special Enrollment Period. The coronavirus disease 2019 (COVID-
19) pandemic has triggered a historic public health and economic crisis.
In January of 2020, as the COVID-19 pandemic was spreading, the
Secretary of Health and Human Services declared a public health
emergency. In March of 2020, the President declared a national
emergency. Although almost a year has passed, the emergency continues--
over 5 million Americans have contracted the disease in January 2021,
and thousands are dying every week. Over 30 million Americans remain
uninsured, preventing many from obtaining necessary health services and
treatment. Black, Latino, and Native American persons are more likely to
be uninsured, and communities of color have been especially hard hit by
both the COVID-19 pandemic and the economic downturn. In light of the
exceptional circumstances caused by the ongoing COVID-19 pandemic, the
Secretary of Health and Human Services shall consider establishing a
Special Enrollment Period for uninsured and under-insured Americans to
seek coverage through the Federally Facilitated Marketplace, pursuant to
existing authorities, including sections 18031 and 18041 of title 42,
United States Code, and section 155.420(d)(9) of title 45, Code of
Federal Regulations, and consistent with applicable law.
Sec. 3. Immediate Review of Agency Actions. (a) The Secretary of the
Treasury, the Secretary of Labor, the Secretary of Health and Human
Services, and the heads of all other executive departments and agencies
with authorities and responsibilities related to Medicaid and the ACA
(collectively, heads of agencies) shall, as soon as practicable, review
all existing regulations, orders, guidance documents, policies, and any
other similar agency actions (collectively, agency actions) to determine
whether such agency actions are inconsistent with the policy set forth
in section 1 of this order. As part of this review, the heads of
agencies shall examine the following:
(i) policies or practices that may undermine protections for people with
pre-existing conditions, including complications related to COVID-19, under
the ACA;
(ii) demonstrations and waivers, as well as demonstration and waiver
policies, that may reduce coverage under or otherwise undermine Medicaid or
the ACA;
(iii) policies or practices that may undermine the Health Insurance
Marketplace or the individual, small group, or large group markets for
health insurance in the United States;
(iv) policies or practices that may present unnecessary barriers to
individuals and families attempting to access Medicaid or ACA coverage,
including for mid-year enrollment; and
(v) policies or practices that may reduce the affordability of coverage or
financial assistance for coverage, including for dependents.
[[Page 495]]
(b) Heads of agencies shall, as soon as practicable and as
appropriate and consistent with applicable law, consider whether to
suspend, revise, or rescind--and, as applicable, publish for notice and
comment proposed rules suspending, revising, or rescinding--those agency
actions identified as inconsistent with the policy set forth in section
1 of this order.
(c) Heads of agencies shall, as soon as practicable and as
appropriate and consistent with applicable law, consider whether to take
any additional agency actions to more fully enforce the policy set forth
in section 1 of this order.
Sec. 4. Revocation of Certain Presidential Actions and Review of
Associated Agency Actions. (a) Executive Order 13765 of January 20, 2017
(Minimizing the Economic Burden of the Patient Protection and Affordable
Care Act Pending Repeal), and Executive Order 13813 of October 12, 2017
(Promoting Healthcare Choice and Competition Across the United States),
are revoked.
(b) As part of the review required under section 3 of this order,
heads of agencies shall identify existing agency actions related to or
arising from Executive Orders 13765 and 13813. Heads of agencies shall,
as soon as practicable, consider whether to suspend, revise, or
rescind--and, as applicable, publish for notice and comment proposed
rules suspending, revising, or rescinding--any such agency actions, as
appropriate and consistent with applicable law and the policy set forth
in section 1 of this order.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
January 28, 2021.
[[Page 496]]
Executive Order 14010 of February 2, 2021
Creating a Comprehensive Regional Framework To Address the Causes of
Migration, To Manage Migration Throughout North and Central America, and
To Provide Safe and Orderly Processing of Asylum Seekers at the United
States Border
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Immigration and
Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as
follows:
Section 1. Policy. For generations, immigrants have come to the United
States with little more than the clothes on their backs, hope in their
hearts, and a desire to claim their own piece of the American Dream.
These mothers, fathers, sons, and daughters have made our Nation better
and stronger.
The United States is also a country with borders and with laws that must
be enforced. Securing our borders does not require us to ignore the
humanity of those who seek to cross them. The opposite is true. We
cannot solve the humanitarian crisis at our border without addressing
the violence, instability, and lack of opportunity that compel so many
people to flee their homes. Nor is the United States safer when
resources that should be invested in policies targeting actual threats,
such as drug cartels and human traffickers, are squandered on efforts to
stymie legitimate asylum seekers.
Consistent with these principles, my Administration will implement a
multi-pronged approach toward managing migration throughout North and
Central America that reflects the Nation's highest values. We will work
closely with civil society, international organizations, and the
governments in the region to: establish a comprehensive strategy for
addressing the causes of migration in the region; build, strengthen, and
expand Central and North American countries' asylum systems and
resettlement capacity; and increase opportunities for vulnerable
populations to apply for protection closer to home. At the same time,
the United States will enhance lawful pathways for migration to this
country and will restore and strengthen our own asylum system, which has
been badly damaged by policies enacted over the last 4 years that
contravened our values and caused needless human suffering.
Sec. 2. United States Strategies for Addressing the Root Causes of
Irregular Migration and for Collaboratively Managing Migration in the
Region. (a) The Assistant to the President for National Security Affairs
(APNSA), in coordination with the Secretary of State, the Attorney
General, the Secretary of Homeland Security, and the heads of any other
relevant executive departments and agencies, shall as soon as possible
prepare:
(i) the United States Strategy for Addressing the Root Causes of Migration
(the ``Root Causes Strategy''); and
(ii) the United States Strategy for Collaboratively Managing Migration in
the Region (the ``Collaborative Management Strategy'').
(b) The Root Causes Strategy shall identify and prioritize actions
to address the underlying factors leading to migration in the region and
ensure
[[Page 497]]
coherence of United States Government positions. The Root Causes
Strategy shall take into account, as appropriate, the views of
bilateral, multilateral, and private sector partners, as well as civil
society, and it shall include proposals to:
(i) coordinate place-based efforts in El Salvador, Guatemala, and Honduras
(the ``Northern Triangle'') to address the root causes of migration,
including by:
(A) combating corruption, strengthening democratic governance, and
advancing the rule of law;
(B) promoting respect for human rights, labor rights, and a free press;
(C) countering and preventing violence, extortion, and other crimes
perpetrated by criminal gangs, trafficking networks, and other organized
criminal organizations;
(D) combating sexual, gender-based, and domestic violence; and
(E) addressing economic insecurity and inequality;
(ii) consult and collaborate with the Office of the United States Trade
Representative, the Secretary of Commerce, and the Secretary of Labor to
evaluate compliance with the Dominican Republic-Central America Free Trade
Agreement to ensure that unfair labor practices do not disadvantage
competition; and
(iii) encourage the deployment of Northern Triangle domestic resources and
the development of Northern Triangle domestic capacity to replicate and
scale efforts to foster sustainable societies across the region.
(c) The Collaborative Management Strategy shall identify and
prioritize actions to strengthen cooperative efforts to address
migration flows, including by expanding and improving upon previous
efforts to resettle throughout the region those migrants who qualify for
humanitarian protection. The Collaborative Management Strategy should
focus on programs and infrastructure that facilitate access to
protection and other lawful immigration avenues, in both the United
States and partner countries, as close to migrants' homes as possible.
Priorities should include support for expanding pathways through which
individuals facing difficult or dangerous conditions in their home
countries can find stability and safety in receiving countries
throughout the region, not only through asylum and refugee resettlement,
but also through labor and other non-protection-related programs. To
support the development of the Collaborative Management Strategy, the
United States Government shall promptly begin consultations with civil
society, the private sector, international organizations, and
governments in the region, including the Government of Mexico. These
consultations should address:
(i) the continued development of asylum systems and resettlement capacities
of receiving countries in the region, including through the provision of
funding, training, and other support;
(ii) the development of internal relocation and integration programs for
internally displaced persons, as well as return and reintegration programs
for returnees in relevant countries of the region; and
(iii) humanitarian assistance, including through expansion of shelter
networks, to address the immediate needs of individuals who have fled their
homes to seek protection elsewhere in the region.
[[Page 498]]
Sec. 3. Expansion of Lawful Pathways for Protection and Opportunity in
the United States. (a) The Secretary of State and the Secretary of
Homeland Security shall promptly review mechanisms for better
identifying and processing individuals from the Northern Triangle who
are eligible for refugee resettlement to the United States.
Consideration shall be given to increasing access and processing
efficiency. As part of this review, the Secretary of State and the
Secretary of Homeland Security shall also identify and implement all
legally available and appropriate forms of relief to complement the
protection afforded through the United States Refugee Admissions
Program. The Secretary of State and Secretary of Homeland Security shall
submit a report to the President with the results of the review.
(b) As part of the review conducted pursuant to section 3(a) of this
order, the Secretary of Homeland Security shall:
(i) consider taking all appropriate actions to reverse the 2017 decision
rescinding the Central American Minors (CAM) parole policy and terminating
the CAM Parole Program, see ``Termination of the Central American Minors
Parole Program,'' 82 FR 38,926 (August 16, 2017), and consider initiating
appropriate actions to reinstitute and improve upon the CAM Parole Program;
and
(ii) consider promoting family unity by exercising the Secretary's
discretionary parole authority to permit certain nationals of the Northern
Triangle who are the beneficiaries of approved family-sponsored immigrant
visa petitions to join their family members in the United States, on a
case-by-case basis.
(c) The Secretary of State and the Secretary of Homeland Security
shall promptly evaluate and implement measures to enhance access for
individuals from the Northern Triangle to visa programs, as appropriate
and consistent with applicable law.
Sec. 4. Restoring and Enhancing Asylum Processing at the Border. (a)
Resuming the Safe and Orderly Processing of Asylum Claims at United
States Land Borders.
(i) The Secretary of Homeland Security and the Director of the Centers for
Disease Control and Prevention (CDC), in coordination with the Secretary of
State, shall promptly begin consultation and planning with international
and non-governmental organizations to develop policies and procedures for
the safe and orderly processing of asylum claims at United States land
borders, consistent with public health and safety and capacity constraints.
(ii) The Secretary of Homeland Security, in consultation with the Attorney
General, the Secretary of Health and Human Services (HHS), and the Director
of CDC, shall promptly begin taking steps to reinstate the safe and orderly
reception and processing of arriving asylum seekers, consistent with public
health and safety and capacity constraints. Additionally, in furtherance of
this goal, as appropriate and consistent with applicable law:
(A) The Secretary of HHS and the Director of CDC, in consultation with
the Secretary of Homeland Security, shall promptly review and determine
whether termination, rescission, or modification of the following actions
is necessary and appropriate: ``Order Suspending the Right To Introduce
Certain Persons From Countries Where a Quarantinable Communicable Disease
Exists,'' 85 FR 65,806 (October 13, 2020); and ``Control
[[Page 499]]
of Communicable Diseases; Foreign Quarantine: Suspension of the Right to
Introduce and Prohibition of Introduction of Persons into United States
from Designated Foreign Countries or Places for Public Health Purposes,''
85 FR 56,424 (September 11, 2020) (codified at 42 CFR 71.40).
(B) The Secretary of Homeland Security shall promptly review and
determine whether to terminate or modify the program known as the Migrant
Protection Protocols (MPP), including by considering whether to rescind the
Memorandum of the Secretary of Homeland Security titled ``Policy Guidance
for Implementation of the Migrant Protection Protocols'' (January 25,
2019), and any implementing guidance. In coordination with the Secretary of
State, the Attorney General, and the Director of CDC, the Secretary of
Homeland Security shall promptly consider a phased strategy for the safe
and orderly entry into the United States, consistent with public health and
safety and capacity constraints, of those individuals who have been
subjected to MPP for further processing of their asylum claims.
(C) The Attorney General and the Secretary of Homeland Security shall
promptly review and determine whether to rescind the interim final rule
titled ``Aliens Subject to a Bar on Entry Under Certain Presidential
Proclamations; Procedures for Protection Claims,'' 83 FR 55,934 (November
9, 2018), and the final rule titled ``Asylum Eligibility and Procedural
Modifications,'' 85 FR 82,260 (December 17, 2020), as well as any agency
memoranda or guidance that were issued in reliance on those rules.
(D) The Attorney General and the Secretary of Homeland Security shall
promptly review and determine whether to rescind the interim final rule
titled ``Implementing Bilateral and Multilateral Asylum Cooperative
Agreements Under the Immigration and Nationality Act,'' 84 FR 63,994
(November 19, 2019), as well as any agency memoranda or guidance issued in
reliance on that rule. In the interim, the Secretary of State shall
promptly consider whether to notify the governments of the Northern
Triangle that, as efforts to establish a cooperative, mutually respectful
approach to managing migration across the region begin, the United States
intends to suspend and terminate the following agreements:
(1) ``Agreement Between the Government of the United States of
America and the Government of the Republic of Guatemala on
Cooperation Regarding the Examination of Protection Claims,'' 84
FR 64,095 (July 26, 2019).
(2) ``Agreement Between the Government of the United States of
America and the Government of the Republic of El Salvador for
Cooperation in the Examination of Protection Claims,'' 85 FR
83,597 (September 20, 2019).
(3) ``Agreement Between the Government of the United States of
America and the Government of the Republic of Honduras for
Cooperation in the Examination of Protection Claims,'' 85 FR
25,462 (September 25, 2019).
(E) The Secretary of Homeland Security shall promptly cease implementing
the ``Prompt Asylum Case Review'' program and the ``Humanitarian Asylum
Review Program'' and consider rescinding any orders, rules, regulations,
guidelines or policies implementing those programs.
(F) The following Presidential documents are revoked:
[[Page 500]]
(1) Executive Order 13767 of January 25, 2017 (Border Security
and Immigration Enforcement Improvements).
(2) Proclamation 9880 of May 8, 2019 (Addressing Mass
Migration Through the Southern Border of the United States).
(3) Presidential Memorandum of April 29, 2019 (Additional
Measures to Enhance Border Security and Restore Integrity to Our
Immigration System).
(4) Presidential Memorandum of April 6, 2018 (Ending ``Catch
and Release'' at the Border of the United States and Directing
Other Enhancements to Immigration Enforcement).
(5) Presidential Memorandum of April 4, 2018 (Securing the
Southern Border of the United States).
(G) The Secretary of State, the Attorney General, and the Secretary of
Homeland Security shall promptly take steps to rescind any agency memoranda
or guidance issued in reliance on or in furtherance of any directive
revoked by section 4(a)(ii)(F) of this order.
(b) Ensuring a Timely and Fair Expedited Removal Process.
(i) The Secretary of Homeland Security, with support from the United States
Digital Service within the Office of Management and Budget, shall promptly
begin a review of procedures for individuals placed in expedited removal
proceedings at the United States border. Within 120 days of the date of
this order, the Secretary of Homeland Security shall submit a report to the
President with the results of this review and recommendations for creating
a more efficient and orderly process that facilitates timely adjudications
and adherence to standards of fairness and due process.
(ii) The Secretary of Homeland Security shall promptly review and consider
whether to modify, revoke, or rescind the designation titled ``Designating
Aliens for Expedited Removal,'' 84 FR 35,409 (July 23, 2019), regarding the
geographic scope of expedited removal pursuant to INA section 235(b)(1), 8
U.S.C. 1225(b)(1), consistent with applicable law. The review shall
consider our legal and humanitarian obligations, constitutional principles
of due process and other applicable law, enforcement resources, the public
interest, and any other factors consistent with this order that the
Secretary deems appropriate. If the Secretary determines that modifying,
revoking, or rescinding the designation is appropriate, the Secretary shall
do so through publication in the Federal Register.
(c) Asylum Eligibility. The Attorney General and the Secretary of
Homeland Security shall:
(i) within 180 days of the date of this order, conduct a comprehensive
examination of current rules, regulations, precedential decisions, and
internal guidelines governing the adjudication of asylum claims and
determinations of refugee status to evaluate whether the United States
provides protection for those fleeing domestic or gang violence in a manner
consistent with international standards; and
(ii) within 270 days of the date of this order, promulgate joint
regulations, consistent with applicable law, addressing the circumstances
in which a person should be considered a member of a ``particular social
group,'' as that term is used in 8 U.S.C. 1101(a)(42)(A), as derived from
[[Page 501]]
the 1951 Convention relating to the Status of Refugees and its 1967
Protocol.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 2, 2021.
Executive Order 14011 of February 2, 2021
Establishment of Interagency Task Force on the Reunification of Families
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to reunite children
separated from their families at the United States-Mexico border, it is
hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration to respect and
value the integrity of families seeking to enter the United States. My
Administration condemns the human tragedy that occurred when our
immigration laws were used to intentionally separate children from their
parents or legal guardians (families), including through the use of the
Zero-Tolerance Policy. My Administration will protect family unity and
ensure that children entering the United States are not separated from
their families, except in the most extreme circumstances where a
separation is clearly necessary for the safety and well-being of the
child or is required by law.
Sec. 2. Establishment. There is hereby established an Interagency Task
Force on the Reunification of Families (Task Force).
Sec. 3. Membership. (a) The Task Force shall include the following
members or their designees:
(i) the Secretary of Homeland Security, who shall serve as Chair;
(ii) the Secretary of State, who shall serve as a Vice Chair;
(iii) the Secretary of Health and Human Services, who shall serve as a Vice
Chair;
(iv) the Attorney General;
[[Page 502]]
(v) such other officers or employees of the Departments of State, Justice,
Health and Human Services, and Homeland Security, as the head of each
respective department may designate; and
(vi) such other officers or employees of executive departments and agencies
(agencies) as the Chair or Vice Chairs may invite to participate, with the
concurrence of the head of the agency concerned.
(b) The Chair shall convene and preside at meetings of the Task
Force. The Chair, in consultation with the Vice Chairs, shall direct its
work and, as appropriate, establish and direct subgroups of the Task
Force.
Sec. 4. Functions. The Task Force shall, consistent with applicable law,
perform the following functions:
(a) Identifying all children who were separated from their families
at the United States-Mexico border between January 20, 2017, and January
20, 2021, in connection with the operation of the Zero-Tolerance Policy;
(b) To the greatest extent possible, facilitating and enabling the
reunification of each of the identified children with their families by:
(i) providing recommendations to heads of agencies concerning the exercise
of any agency authorities necessary to reunite the children with their
families, including:
(A) recommendations regarding the possible exercise of parole under
section 212(d)(5)(A) of the Immigration and Nationality Act of 1952, as
amended (8 U.S.C. 1182(d)(5)(A)), or the issuance of visas or other
immigration benefits, as appropriate and consistent with applicable law;
(B) recommendations regarding the provision of additional services and
support to the children and their families, including trauma and mental
health services; and
(C) recommendations regarding reunification of any additional family
members of the children who were separated, such as siblings, where there
is a compelling humanitarian interest in doing so;
(ii) providing recommendations to the President concerning the exercise of
any Presidential authorities necessary to reunite the children with their
families, as appropriate and consistent with applicable law; and
(iii) for purposes of developing the recommendations described in this
subsection, and in particular with respect to recommendations regarding the
manner and location of reunification, consulting with the children, their
families, representatives of the children and their families, and other
stakeholders, and considering the families' preferences and parental rights
as well as the children's well-being; and
(c) Providing regular reports to the President, including:
(i) an initial progress report no later than 120 days after the date of
this order;
(ii) interim progress reports every 60 days thereafter;
(iii) a report containing recommendations to ensure that the Federal
Government will not repeat the policies and practices leading to the
separation of families at the border, no later than 1 year after the date
of this order; and
(iv) a final report when the Task Force has completed its mission.
[[Page 503]]
Sec. 5. Task Force Administration. (a) To the extent permitted by law,
and subject to the availability of appropriations, the Department of
Homeland Security shall provide the funding and administrative support
the Task Force needs to implement this order, as determined by the
Secretary of Homeland Security.
(b) To the extent permitted by law, including the Economy Act (31
U.S.C. 1535), and subject to the availability of appropriations,
additional agencies represented on the Task Force may detail staff to
the Task Force, or otherwise provide administrative support, as
necessary to implement this order, as determined by the respective heads
of agencies.
(c) The Task Force shall coordinate, as appropriate and consistent
with applicable law, with relevant stakeholders, including domestic and
international non-governmental organizations, and representatives of the
children and their families.
(d) The Task Force, at the direction of the Chair, may hold public
meetings and engagement sessions as necessary to carry out its mission.
(e) The Task Force shall terminate 30 days after it provides its
final report to the President under section 4(c)(iv) of this order.
Sec. 6. Revocation of Executive Order 13841. Executive Order 13841 of
June 20, 2018 (Affording Congress an Opportunity To Address Family
Separation), is hereby revoked.
Sec. 7. Definitions. For purposes of this order:
(a) The term ``children'' includes all persons who were under the
age of 18 at the time they were separated from their families at the
border.
(b) The term ``Zero-Tolerance Policy'' means the policy discussed in
the Attorney General's memorandum of April 6, 2018, entitled, ``Zero-
Tolerance for Offenses Under 8 U.S.C. 1325(a),'' and any other related
policy, program, practice, or initiative resulting in the separation of
children from their families at the United States-Mexico border.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 2, 2021.
[[Page 504]]
Executive Order 14012 of February 2, 2021
Restoring Faith in Our Legal Immigration Systems and Strengthening
Integration and Inclusion Efforts for New Americans
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Over 40 million foreign-born individuals live in the
United States today. Millions more Americans have immigrants in their
families or ancestry. New Americans and their children fuel our economy,
working in every industry, including healthcare, construction,
caregiving, manufacturing, service, and agriculture. They open and
successfully run businesses at high rates, creating jobs for millions,
and they contribute to our arts, culture, and government, providing new
traditions, customs, and viewpoints. They are essential workers helping
to keep our economy afloat and providing important services to Americans
during a global pandemic. They have helped the United States lead the
world in science, technology, and innovation. And they are on the
frontlines of research to develop coronavirus disease 2019 (COVID-19)
vaccines and treatments for those afflicted with the deadly disease.
Consistent with our character as a Nation of opportunity and of welcome,
it is essential to ensure that our laws and policies encourage full
participation by immigrants, including refugees, in our civic life; that
immigration processes and other benefits are delivered effectively and
efficiently; and that the Federal Government eliminates sources of fear
and other barriers that prevent immigrants from accessing government
services available to them. Our Nation is enriched socially and
economically by the presence of immigrants, and we celebrate with them
as they take the important step of becoming United States citizens. The
Federal Government should develop welcoming strategies that promote
integration, inclusion, and citizenship, and it should embrace the full
participation of the newest Americans in our democracy.
Sec. 2. Role of the Domestic Policy Council. The role of the White House
Domestic Policy Council (DPC) is to convene executive departments and
agencies (agencies) to coordinate the formulation and implementation of
my Administration's domestic policy objectives. Consistent with that
role, the DPC shall coordinate the Federal Government's efforts to
welcome and support immigrants, including refugees, and to catalyze
State and local integration and inclusion efforts. In furtherance of
these goals, the DPC shall convene a Task Force on New Americans, which
shall include members of agencies that implement policies that impact
immigrant communities.
Sec. 3. Restoring Trust in our Legal Immigration System. The Secretary
of State, the Attorney General, and the Secretary of Homeland Security
shall review existing regulations, orders, guidance documents, policies,
and any other similar agency actions (collectively, agency actions) that
may be inconsistent with the policy set forth in section 1 of this
order.
(a) In conducting this review, the Secretary of State, the Attorney
General, and the Secretary of Homeland Security shall:
[[Page 505]]
(i) identify barriers that impede access to immigration benefits and fair,
efficient adjudications of these benefits and make recommendations on how
to remove these barriers, as appropriate and consistent with applicable
law; and
(ii) identify any agency actions that fail to promote access to the legal
immigration system--such as the final rule entitled, ``U.S. Citizenship and
Immigration Services Fee Schedule and Changes to Certain Other Immigration
Benefit Request Requirements,'' 85 Fed. Reg. 46788 (Aug. 3, 2020), in light
of the Emergency Stopgap USCIS Stabilization Act (title I of division D of
Public Law 116-159)--and recommend steps, as appropriate and consistent
with applicable law, to revise or rescind those agency actions.
(b) Within 90 days of the date of this order, the Secretary of
State, the Attorney General, and the Secretary of Homeland Security
shall each submit a plan to the President describing the steps their
respective agencies will take to advance the policy set forth in section
1 of this order.
(c) Within 180 days of submitting the plan described in subsection
(b) of this section, the Secretary of State, the Attorney General, and
the Secretary of Homeland Security shall each submit a report to the
President describing the progress of their respective agencies towards
implementing the plan developed pursuant to subsection (b) of this
section and recognizing any areas of concern or barriers to implementing
the plan.
Sec. 4. Immediate Review of Agency Actions on Public Charge
Inadmissibility. The Secretary of State, the Attorney General, the
Secretary of Homeland Security, and the heads of other relevant
agencies, as appropriate, shall review all agency actions related to
implementation of the public charge ground of inadmissibility in section
212(a)(4) of the Immigration and Nationality Act (INA), 8 U.S.C.
1182(a)(4), and the related ground of deportability in section 237(a)(5)
of the INA, 8 U.S.C. 1227(a)(5). They shall, in considering the effects
and implications of public charge policies, consult with the heads of
relevant agencies, including the Secretary of Agriculture, the Secretary
of Health and Human Services, and the Secretary of Housing and Urban
Development.
(a) This review should:
(i) consider and evaluate the current effects of these agency actions and
the implications of their continued implementation in light of the policy
set forth in section 1 of this order;
(ii) identify appropriate agency actions, if any, to address concerns about
the current public charge policies' effect on the integrity of the Nation's
immigration system and public health; and
(iii) recommend steps that relevant agencies should take to clearly
communicate current public charge policies and proposed changes, if any, to
reduce fear and confusion among impacted communities.
(b) Within 60 days of the date of this order, the Secretary of
State, the Attorney General, and the Secretary of Homeland Security
shall each submit a report to the President describing any agency
actions identified pursuant to subsection (a)(ii) of this section and
any steps their agencies intend to take or have taken, consistent with
subsection (a)(iii) of this section.
Sec. 5. Promoting Naturalization.
[[Page 506]]
(a) Improving the naturalization process. The Secretary of State,
the Attorney General, and the Secretary of Homeland Security shall,
within 60 days of the date of this order, develop a plan describing any
agency actions, in furtherance of the policy set forth in section 1 of
this order, that they will take to:
(i) eliminate barriers in and otherwise improve the existing naturalization
process, including by conducting a comprehensive review of that process
with particular emphasis on the N-400 application, fingerprinting,
background and security checks, interviews, civics and English language
tests, and the oath of allegiance;
(ii) substantially reduce current naturalization processing times;
(iii) make the naturalization process more accessible to all eligible
individuals, including through a potential reduction of the naturalization
fee and restoration of the fee waiver process;
(iv) facilitate naturalization for eligible candidates born abroad and
members of the military, in consultation with the Department of Defense;
and
(v) review policies and practices regarding denaturalization and passport
revocation to ensure that these authorities are not used excessively or
inappropriately.
(b) Implementing improvements to the naturalization process. Within
180 days of the issuance of the plan developed pursuant to subsection
(a) of this section, the Secretary of State, the Attorney General, and
the Secretary of Homeland Security shall each submit a report to the
President describing the progress in implementing the plan, any barriers
to implementing the plan, and any additional areas of concern that
should be addressed to ensure that eligible individuals are able to
apply for naturalization in a fair and efficient manner.
(c) Strategy to promote naturalization. There is established an
Interagency Working Group on Promoting Naturalization (Naturalization
Working Group) to develop a national strategy to promote naturalization.
The Naturalization Working Group shall be chaired by the Secretary of
Homeland Security, or the Secretary's designee, and it shall include the
heads of the following agencies, or senior-level officials designated by
the head of each agency:
(i) the Secretary of Labor;
(ii) the Secretary of Health and Human Services;
(iii) the Secretary of Housing and Urban Development;
(iv) the Secretary of Education;
(v) the Secretary of Homeland Security;
(vi) the Commissioner of Social Security; and
(vii) the heads of other agencies invited to participate by the Working
Group chair.
(d) Within 90 days of the date of this order, the Naturalization
Working Group shall submit a strategy to the President outlining steps
the Federal Government should take to promote naturalization, including
the potential development of a public awareness campaign.
[[Page 507]]
Sec. 6. Revocation. The Presidential Memorandum of May 23, 2019
(Enforcing the Legal Responsibilities of Sponsors of Aliens), is
revoked. The heads of relevant agencies shall review any investigations
or compliance actions initiated pursuant to that memorandum and shall
determine whether to suspend, as appropriate, any investigations or
compliance actions inconsistent with the policy set forth in section 1
of this order. The heads of relevant agencies shall review any agency
actions developed pursuant to that memorandum and, as appropriate, issue
revised guidance consistent with the policy set forth in section 1 of
this order.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 2, 2021.
Executive Order 14013 of February 4, 2021
Rebuilding and Enhancing Programs To Resettle Refugees and Planning for
the Impact of Climate Change on Migration
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Immigration and
Nationality Act, 8 U.S.C. 1101 et seq., I hereby order as follows:
Section 1. Policy. The long tradition of the United States as a leader
in refugee resettlement provides a beacon of hope for persecuted people
around the world, promotes stability in regions experiencing conflict,
and facilitates international collaboration to address the global
refugee crisis. Through the United States Refugee Admissions Program
(USRAP), the Federal Government, cooperating with private partners and
American citizens in communities across the country, demonstrates the
generosity and core values of our Nation, while benefitting from the
many contributions that refugees make to our country. Accordingly, it
shall be the policy of my Administration that:
(a) USRAP and other humanitarian programs shall be administered in a
manner that furthers our values as a Nation and is consistent with our
domestic law, international obligations, and the humanitarian purposes
expressed by the Congress in enacting the Refugee Act of 1980, Public
Law 96-212.
[[Page 508]]
(b) USRAP should be rebuilt and expanded, commensurate with global
need and the purposes described above.
(c) Delays in administering USRAP and other humanitarian programs
are counter to our national interests, can raise grave humanitarian
concerns, and should be minimized.
(d) Security vetting for USRAP applicants and applicants for other
humanitarian programs should be improved to be more efficient,
meaningful, and fair, and should be complemented by sound methods of
fraud detection to ensure program integrity and protect national
security.
(e) Although access to United States humanitarian programs is
generally discretionary, the individuals applying for immigration
benefits under these programs must be treated with dignity and respect,
without improper discrimination on the basis of race, religion, national
origin, or other grounds, and should be afforded procedural safeguards.
(f) United States humanitarian programs should be administered in a
manner that ensures transparency and accountability and reflects the
principle that reunifying families is in the national interest.
(g) My Administration shall seek opportunities to enhance access to
the refugee program for people who are more vulnerable to persecution,
including women, children, and other individuals who are at risk of
persecution related to their gender, gender expression, or sexual
orientation.
(h) Executive departments and agencies (agencies) should explore the
use of all available authorities for humanitarian protection to assist
individuals for whom USRAP is unavailable.
(i) To meet the challenges of restoring and expanding USRAP, the
United States must innovate, including by effectively employing
technology and capitalizing on community and private sponsorship of
refugees, while continuing to partner with resettlement agencies for
reception and placement.
(j) The Special Immigrant Visa (SIV) programs for Iraqi and Afghan
allies provide humanitarian protection to nationals of Iraq and
Afghanistan experiencing an ongoing, serious threat because they
provided faithful and valuable service to the United States, including
its troops serving in those countries. The Federal Government should
ensure that these important programs are administered without undue
delay.
Sec. 2. Revocation, Rescission, and Reporting. (a) Executive Order 13815
of October 24, 2017 (Resuming the United States Refugee Admissions
Program With Enhanced Vetting Capabilities), and Executive Order 13888
of September 26, 2019 (Enhancing State and Local Involvement in Refugee
Resettlement), are revoked.
(b) The Presidential Memorandum of March 6, 2017 (Implementing
Immediate Heightened Screening and Vetting of Applications for Visas and
Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry
Into the United States, and Increasing Transparency Among Departments
and Agencies of the Federal Government and for the American People), is
revoked.
(c) Within 90 days of the date of this order, the Secretary of State
and the Secretary of Homeland Security shall provide a report to the
President, through the Assistant to the President for National Security
Affairs
[[Page 509]]
(APNSA), describing all agency actions, including memoranda or guidance
documents, that were taken or issued in reliance on or in furtherance of
the directives revoked by subsections (a) and (b) of this section. This
report shall include recommendations regarding whether each action
should be maintained, reversed, or modified, consistent with applicable
law and as appropriate for the fair, efficient, and secure
administration of the relevant humanitarian program or otherwise in the
national interest.
Sec. 3. Special Immigrant Visas for Iraqi and Afghan Allies. (a) Within
180 days of the date of this order, the Secretary of State, in
consultation with the Secretary of Defense and the Secretary of Homeland
Security, shall complete a review of the Iraqi and Afghan SIV programs
and submit a report to the President with recommendations to address any
concerns identified. The report shall include:
(i) an assessment of agency compliance with existing law governing the SIV
programs, including program eligibility requirements and procedures for
administrative review;
(ii) an assessment of whether there are undue delays in meeting statutory
benchmarks for timely adjudication of applications, including due to
insufficient staffing levels;
(iii) a plan to provide training, guidance, and oversight with respect to
the National Visa Center's processing of SIV applications;
(iv) a plan to track the progress of the Senior Coordinators as provided
under section 1245 of the Refugee Crisis in Iraq Act of 2007 (RCIA),
subtitle C of title XII of Public Law 110-181, and section
602(b)(2)(D)(ii)(II) of the Afghan Allies Protection Act of 2009 (AAPA),
title VI of division F of Public Law 111-8, as amended; and
(v) an assessment of whether adequate guidelines exist for reconsidering or
reopening applications in appropriate circumstances and consistent with
applicable law.
(b) The Secretary of State, in consultation with the Secretary of
Defense, shall also direct a review of the procedures for Chief of
Mission approval of applications with the aim of, as appropriate and
consistent with applicable law:
(i) ensuring existing procedures and guidance are sufficient to permit
prospective applicants a fair opportunity to apply and demonstrate
eligibility;
(ii) issuing guidance that would address situations where an applicant's
employer is unable or unwilling to provide verification of the applicant's
``faithful and valuable service,'' and provide for alternative forms of
verification;
(iii) revising requirements to facilitate the ability of applicants to
demonstrate the existence of a qualifying contract with the United States
Government and require that the supervisor verifying the applicant's
``faithful and valuable service'' be a United States citizen or national;
(iv) ensuring that applicants are not prejudiced by delays in verifying
their employment; and
(v) implementing anti-fraud measures to ensure program integrity.
[[Page 510]]
(c) Within 180 days of the date of this order, the Secretary of
State shall submit to the President the results of the review described
in subsection (b) of this section.
(d) Within 180 days of the date of this order, the Secretary of
State, in consultation with the Secretary of Defense and the Secretary
of Homeland Security, shall conduct a review and submit a report to the
President identifying whether additional populations not currently
provided for under section 1059 of the National Defense Authorization
Act for Fiscal Year 2006, Public Law 109-163, section 1244 of the RCIA,
or section 602 of the AAPA are at risk as a result of their faithful and
valuable service to the United States Government. The review should also
evaluate whether it would be appropriate to seek legislation that would
create a SIV program for individuals, regardless of nationality, who
faithfully assisted the United States Government in conflict areas for
at least 1 year or made exceptional contributions in a shorter period
and have experienced or are experiencing an ongoing serious threat as a
result of their service.
(e) Within 180 days of the date of this order, the Secretary of
State and the Secretary of Homeland Security shall ensure that
appropriate policies and procedures related to the SIV programs are
publicly available on their respective agency's websites, and that any
revisions to such policies and procedures in the future are made
publicly available on those websites within 30 days of issuance.
Sec. 4. Steps to Improve the Efficacy, Integrity, Security, and
Transparency of USRAP. (a) Consistent with the policy set forth in
section 1 of this order and to facilitate this order's effective and
expeditious implementation:
(i) The APNSA shall designate a National Security Council Senior Director
to be responsible for coordinating the agencies and vetting partners
involved in USRAP.
(ii) The Secretary of State shall designate a senior-level employee to have
primary responsibility for overseeing refugee application processing,
consistent with applicable law.
(iii) The Secretary of Homeland Security shall designate a senior-level
employee to have primary responsibility for coordinating the review and any
revision of policies and procedures regarding the vetting and adjudication
of USRAP refugee applicants, including follow-to-join refugee applicants
and post-decisional processing, consistent with applicable law.
(iv) The Director of the Office of Management and Budget shall assign a
team of technology, process, and data experts from the United States
Digital Service to assist agencies in streamlining application processing,
improving the automation and effectiveness of security vetting and fraud
detection, and strengthening data-driven decision-making.
(b) Within 30 days of the date of this order, the Secretary of State
and the Secretary of Homeland Security shall provide the President a
report on the fraud detection measures in place for USRAP. The report
shall also include a plan to enhance fraud detection within components
at both agencies and recommendations for the development of new anti-
fraud programs, as appropriate and consistent with applicable law.
[[Page 511]]
(c) The Secretary of Homeland Security, in consultation with the
Secretary of State, shall promptly consider taking all appropriate
actions, consistent with applicable law, to expand refugee vetting and
adjudication capacity, including by:
(i) developing more efficient processes to capture and share refugee
applicant biometric data; and
(ii) permitting the use of video and audio teleconferencing to conduct
refugee interviews and establishing the necessary infrastructure to do so.
(d) To increase refugee adjudication capacity, the Office of
Personnel Management shall, consistent with applicable law, support the
use of all hiring authorities, including expanded use of direct hiring
authority, for positions associated with the adjudication of refugee
applications.
(e) Within 30 days of the date of this order, the heads of all
agencies involved in the Security Advisory Opinion process and other
inter-agency vetting processes for refugee applicants, including follow-
to-join refugee applicants, shall submit data to the National Vetting
Governance Board on the number of staff performing refugee security
vetting, the thresholds for checks, and the rates at which checks have
returned an objection. Such data shall be disaggregated by age range,
gender, and nationality of the refugee applicant. The National Vetting
Governance Board shall meet to consider if and how agency processes and
staffing levels should change to improve security reviews and make
refugee arrivals more efficient, and shall share any conclusions and
recommendations with the heads of relevant agencies, including the
Director of the Office of Management and Budget, in order to inform
potential resourcing strategies where necessary.
(f) Within 60 days of the date of this order, agencies responsible
for the Security Advisory Opinion process shall meet to consider
proposals from member agencies to adjust the list of countries and other
criteria that require a Security Advisory Opinion for a refugee case.
(g) The Secretary of Homeland Security, in consultation with the
Secretary of State, shall consider whether to promulgate regulations and
any other policies, including internal oversight mechanisms, to ensure
the quality, integrity, efficiency, and fairness of the adjudication
process for USRAP applicants, while also taking due account of the
challenges facing refugee applicants. The Secretary of Homeland
Security, in consultation with the Secretary of State, should consider
adopting regulations or policies, as appropriate and consistent with
applicable law, that:
(i) develop mechanisms to synthesize reliable, detailed, and current
country conditions that may be relied upon, where appropriate, to make
specific factual and legal determinations necessary for the adjudication of
refugee applications from individuals or from individuals within a
designated group of applicants;
(ii) ensure that refugee applicants have timely access to their own
application records;
(iii) permit refugee applicants to have a representative at their interview
at no cost to the United States Government; and
(iv) ensure, when refugee applications are denied for non-security or non-
fraud-based reasons, an applicant is given a short explanation describing
the basis for the denial, so that the applicant has a meaningful
[[Page 512]]
opportunity to present additional evidence and to request a review of the
decision.
(h) The Secretary of State and the Secretary of Homeland Security
shall provide the President, through the APNSA, a report describing any
action taken pursuant to subsection (g) of this section within 180 days
of the date such action is taken.
(i) The Secretary of Homeland Security shall ensure that
adjudicators are trained in the standards governing refugee claims of
women, children, and other individuals who are more vulnerable to
persecution due to their age, gender, gender expression, or sexual
orientation.
(j) The Secretary of State and the Secretary of Homeland Security
shall consider taking actions, as appropriate and consistent with
applicable law, to recognize as ``spouses'' for purposes of derivative
status through USRAP individuals who are in committed life partnerships
but who are unable to marry or to register their marriage due to
restrictions in the law or practices of their country of origin,
including for individuals in same-sex, interfaith, or camp-based
marriages. The Secretary of State and the Secretary of Homeland Security
shall provide the President a report, through the APNSA, describing any
action taken pursuant to this subsection within 180 days of the date
such action is taken.
(k) Within 120 days of the date of this order, the Secretary of
State and the Secretary of Health and Human Services shall, as
appropriate and consistent with applicable law, deliver a plan to the
President, through the APNSA, to enhance the capacity of USRAP to
welcome refugees by expanding the use of community sponsorship and co-
sponsorship models by refugee resettlement agencies, and by entering
into new public-private partnerships.
(l) The Secretary of State, in consultation with the Secretary of
Homeland Security, shall consider ways to expand mechanisms under which
non-governmental organizations with direct access to and knowledge of
refugees abroad in camps or other settings could identify and directly
refer to USRAP particularly vulnerable individuals who have a strong
possibility of qualifying for admission to the United States as
refugees.
(m) Within 180 days of the date of this order, the Secretary of
State and the Secretary of Homeland Security shall take all appropriate
steps, taking into account necessary safeguards for program integrity,
to ensure that the current policies and procedures related to USRAP are
publicly available on their respective websites, and that any new or
revised policies and procedures are made publicly available on their
websites within 30 days of their adoption.
(n) Within 180 days of the date of this order, the Secretary of
State, in consultation with the Secretary of Homeland Security, and as
appropriate and consistent with applicable law, shall develop options
for improving USRAP applicants' ability to access relevant material from
their case files on an expedited basis to inform timely appeals from
adverse decisions.
Sec. 5. Improving Performance. (a) The Secretary of State, in
consultation with the Attorney General and the Secretary of Homeland
Security, shall develop and ensure adherence to a plan that addresses
USRAP processing backlogs. In developing this plan, the Secretary of
Homeland Security, in
[[Page 513]]
consultation with the Secretary of State, the Attorney General, and the
Director of National Intelligence, and in collaboration with the
National Vetting Governance Board and United States Digital Service,
shall conduct a review of refugee security vetting processes and develop
recommendations to increase their efficiency, fairness, and
effectiveness, consistent with the humanitarian goals of USRAP and the
national security and foreign policy interests of the United States.
(b) The plan and review described in subsection (a) of this section
shall also:
(i) examine whether existing vetting processes, including the Security
Advisory Opinion process, can be improved to increase efficiency and
provide more effective security reviews; and
(ii) seek to bring national average processing times within the period
described in 8 U.S.C. 1571(b).
(c) Within 120 days of the date of this order, the Secretary of
State, in consultation with the Attorney General, the Secretary of
Homeland Security, and the Director of National Intelligence, shall
submit to the President the plan described in subsection (a) of this
section, including the Secretary's recommendations for process
improvements.
Sec. 6. Climate Change and Migration. Within 180 days of the date of
this order, the APNSA, in consultation with the Secretary of State, the
Secretary of Defense, the Secretary of Homeland Security, the
Administrator of the United States Agency for International Development,
and the Director of National Intelligence, shall prepare and submit to
the President a report on climate change and its impact on migration,
including forced migration, internal displacement, and planned
relocation. This report shall include, at a minimum, discussion of the
international security implications of climate-related migration;
options for protection and resettlement of individuals displaced
directly or indirectly from climate change; mechanisms for identifying
such individuals, including through referrals; proposals for how these
findings should affect use of United States foreign assistance to
mitigate the negative impacts of climate change; and opportunities to
work collaboratively with other countries, international organizations
and bodies, non-governmental organizations, and localities to respond to
migration resulting directly or indirectly from climate change. The
APNSA shall work with appropriate agencies to ensure that the report, or
a summary thereof, is made publicly available.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 514]]
against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 4, 2021.
Executive Order 14014 of February 10, 2021
Blocking Property With Respect to the Situation in Burma
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f)
of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and
section 301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, find
that the situation in and in relation to Burma, and in particular the
February 1, 2021, coup, in which the military overthrew the
democratically elected civilian government of Burma and unjustly
arrested and detained government leaders, politicians, human rights
defenders, journalists, and religious leaders, thereby rejecting the
will of the people of Burma as expressed in elections held in November
2020 and undermining the country's democratic transition and rule of
law, constitutes an unusual and extraordinary threat to the national
security and foreign policy of the United States. I hereby declare a
national emergency to deal with that threat.
Accordingly, I hereby order:
Section 1. (a) All property and interests in property that are in the
United States, that hereafter come within the United States, or that are
or hereafter come within the possession or control of any United States
person of the following persons are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in: any foreign person
determined by the Secretary of the Treasury, in consultation with the
Secretary of State:
(i) to operate in the defense sector of the Burmese economy or any other
sector of the Burmese economy as may be determined by the Secretary of the
Treasury, in consultation with the Secretary of State;
(ii) to be responsible for or complicit in, or to have directly or
indirectly engaged or attempted to engage in, any of the following:
(A) actions or policies that undermine democratic processes or
institutions in Burma;
(B) actions or policies that threaten the peace, security, or stability
of Burma;
(C) actions or policies that prohibit, limit, or penalize the exercise of
freedom of expression or assembly by people in Burma, or that limit access
to print, online, or broadcast media in Burma; or
(D) the arbitrary detention or torture of any person in Burma or other
serious human rights abuse in Burma;
[[Page 515]]
(iii) to be or have been a leader or official of:
(A) the military or security forces of Burma, or any successor entity to
any of the foregoing;
(B) the Government of Burma on or after February 2, 2021;
(C) an entity that has, or whose members have, engaged in any activity
described in subsection (a)(ii) of this section relating to the leader's or
official's tenure; or
(D) an entity whose property and interests in property are blocked
pursuant to this order as a result of activities related to the leader's or
official's tenure;
(iv) to be a political subdivision, agency, or instrumentality of the
Government of Burma;
(v) to be a spouse or adult child of any person whose property and
interests in property are blocked pursuant to this order;
(vi) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of any person whose property and interests in property are blocked
pursuant to this order; or
(vii) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, the military or security
forces of Burma or any person whose property and interests in property are
blocked pursuant to this order.
(b) The prohibitions in subsection (a) of this section apply except
to the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted before the date of this order.
Sec. 2. The prohibitions in section 1 of this order include:
(a) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or
services from any such person.
Sec. 3. (a) The unrestricted immigrant and nonimmigrant entry into the
United States of noncitizens determined to meet one or more of the
criteria in section 1(a) of this order would be detrimental to the
interests of the United States, and the entry of such persons into the
United States, as immigrants or nonimmigrants, is hereby suspended,
except where the Secretary of State or the Secretary of Homeland
Security, as appropriate, determines that the person's entry would not
be contrary to the interests of the United States, including when the
Secretary of State or the Secretary of Homeland Security, as
appropriate, so determines, based on a recommendation of the Attorney
General, that the person's entry would further important United States
law enforcement objectives.
(b) The Secretary of State shall implement this authority as it
applies to visas pursuant to such procedures as the Secretary of State,
in consultation with the Secretary of Homeland Security, may establish.
[[Page 516]]
(c) The Secretary of Homeland Security shall implement this order as
it applies to the entry of noncitizens pursuant to such procedures as
the Secretary of Homeland Security, in consultation with the Secretary
of State, may establish.
(d) Such persons shall be treated by this section in the same manner
as persons covered by section 1 of Proclamation 8693 of July 24, 2011
(Suspension of Entry of Aliens Subject to United Nations Security
Council Travel Bans and International Emergency Economic Powers Act
Sanctions).
Sec. 4. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 5. I hereby determine that the making of donations of the types of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to section 1 of this order would seriously
impair my ability to deal with the national emergency declared in this
order, and I hereby prohibit such donations as provided by section 1 of
this order.
Sec. 6. For the purposes of this order:
(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) the term ``Government of Burma'' means the Government of Burma,
any political subdivision, agency, or instrumentality thereof, including
the Central Bank of Myanmar, and any person owned or controlled by, or
acting for or on behalf of, the Government of Burma;
(c) the term ``noncitizen'' means any person who is not a citizen or
noncitizen national of the United States;
(d) the term ``person'' means an individual or entity; and
(e) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render those measures
ineffectual. I therefore determine that for these measures to be
effective in addressing the national emergency declared in this order,
there need be no prior notice of a listing or determination made
pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may, consistent
with applicable law, redelegate any of these functions within the
Department of the Treasury. All departments and agencies of the United
States shall take all appropriate measures within their authority to
carry out the provisions of this order.
[[Page 517]]
Sec. 9. Nothing in this order is intended to affect the continued
effectiveness of any action taken pursuant to Executive Order 13742 of
October 7, 2016 (Termination of Emergency With Respect to the Actions
and Policies of the Government of Burma).
Sec. 10. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to submit recurring and final
reports to the Congress on the national emergency declared in this
order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and
section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 11. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 10, 2021.
Executive Order 14015 of February 14, 2021
Establishment of the White House Office of Faith-Based and Neighborhood
Partnerships
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to better serve
people in need through partnerships with civil society, while preserving
our fundamental constitutional commitments, it is hereby ordered:
Section 1. Policy. Faith-based and other community-serving organizations
are vital to our Nation's ability to address the needs of, and lift up,
low-income and other underserved persons and communities, notably
including persons of color. The American people are key drivers of
fundamental change in our country, and few institutions are closer to
the people than our faith-based and other community organizations. It is
important that the Federal Government strengthen the ability of such
organizations and other nonprofit providers in our communities to
deliver services effectively in partnership with Federal, State, and
local governments and with other private organizations, while preserving
our fundamental constitutional commitments guaranteeing the equal
protection of the laws and the free exercise of religion and forbidding
the establishment of religion. The Federal Government can preserve these
fundamental commitments while empowering faith-based and secular
organizations to assist in the delivery of vital
[[Page 518]]
services in our neighborhoods. These partnerships are also vital for the
success and effectiveness of the United States' diplomatic,
international development, and humanitarian work around the world.
Sec. 2. Establishment. There is established a White House Office of
Faith-Based and Neighborhood Partnerships (White House Partnerships
Office) within the Executive Office of the President, supported by the
Domestic Policy Council and the Office of Public Engagement, that will
have lead responsibility in the executive branch for establishing
policies, priorities, and objectives for the Federal Government's
comprehensive effort to enlist, equip, enable, empower, and expand the
work of community-serving organizations, both faith-based and secular,
to the extent permitted by law.
Sec. 3. Functions. The principal functions of the White House
Partnerships Office are, to the extent permitted by law:
(a) to assist in organizing more effective efforts to serve people
in need across the country and around the world, in partnership with
civil society, including faith-based and secular organizations;
(b) to develop, lead, and coordinate the Administration's policy
agenda affecting faith-based and other community programs and
initiatives and to optimize the role of such efforts in communities;
(c) to ensure that policy decisions and programs throughout the
Federal Government are consistent with the policy set forth in section 1
of this order with respect to faith-based and other community
initiatives;
(d) to bring concerns, ideas, and policy options to Administration
leadership for assisting, strengthening, and replicating partnerships,
whether financial or nonfinancial, with faith-based and other community
organizations; and
(e) to promote awareness among diverse civil society leaders of
opportunities to partner--both financially and otherwise--with the
Federal Government to serve people in need and to build institutional
capacity.
Sec. 4. Administration. (a) The White House Partnerships Office may make
use of established or ad hoc committees, task forces, or interagency
groups.
(b) The White House Partnerships Office shall be led by an Executive
Director and a Deputy Director. The operations of the White House
Partnerships Office shall begin within 30 days of the date of this
order.
(c) The White House Partnerships Office shall coordinate with the
liaison and point of contact designated by each executive department and
agency (agency) with respect to this initiative.
(d) All agencies shall cooperate with the White House Partnerships
Office and provide such information, support, and assistance to the
White House Partnerships Office as it may request, to the extent
permitted by law.
(e) In order to ensure that Federal programs and practices involving
grants or contracts to faith-based organizations are consistent with
applicable law, the Executive Director of the White House Partnerships
Office, acting through the Counsel to the President, may seek the
opinion of the Attorney General on any constitutional and statutory
questions involving existing or prospective programs and practices.
Sec. 5. Amendments to Executive Orders. (a) Executive Order 13198 of
January 29, 2001 (Agency Responsibilities With Respect to Faith-Based
and
[[Page 519]]
Community Initiatives); Executive Order 13279 of December 12, 2002
(Equal Protection of the Laws for Faith-Based and Community
Organizations), as amended by Executive Order 13559 of November 17, 2010
(Fundamental Principles and Policymaking Criteria for Partnerships With
Faith-Based and Other Neighborhood Organizations); Executive Order 13280
of December 12, 2002 (Responsibilities of the Department of Agriculture
and the Agency for International Development With Respect to Faith-Based
and Community Initiatives); Executive Order 13342 of June 1, 2004
(Responsibilities of the Departments of Commerce and Veterans Affairs
and the Small Business Administration With Respect to Faith-Based and
Community Initiatives); and Executive Order 13397 of March 7, 2006
(Responsibilities of the Department of Homeland Security With Respect to
Faith-Based and Community Initiatives), are amended by:
(i) substituting ``White House Office of Faith-Based and Neighborhood
Partnerships'' for ``White House Office of Faith-Based and Community
Initiatives'' and ``White House Faith and Opportunity Initiative'' each
time they appear in those orders;
(ii) substituting ``White House Office of Faith-Based and Neighborhood
Partnerships'' for ``White House OFBCI'' each time it appears in those
orders;
(iii) substituting ``Centers for Faith-Based and Neighborhood
Partnerships'' for ``Centers for Faith-Based and Community Initiatives''
and ``Centers for Faith and Opportunity Initiatives'' each time they appear
in those orders; and
(iv) substituting ``Center for Faith-Based and Neighborhood Partnerships''
for ``Center for Faith-Based and Community Initiatives'' and ``Center for
Faith and Opportunity Initiatives'' each time they appear in those orders.
(b) Executive Order 13397, as amended, is further amended by
substituting, in section 1(b), ``the Executive Director of the White
House Office of Faith-Based and Neighborhood Partnerships (Executive
Director)'' for ``the Director of the White House Office of Faith-Based
and Community Initiatives (WHOFBCI Director)'' and by substituting
``Executive Director'' for ``WHOFBCI Director'' each time it appears in
the order.
Sec. 6. Revocation. Executive Order 13831 of May 3, 2018 (Establishment
of a White House Faith and Opportunity Initiative), is revoked.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 520]]
against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 14, 2021.
Executive Order 14016 of February 17, 2021
Revocation of Executive Order 13801
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. Revocation of Executive Order. Executive Order 13801 of June
15, 2017 (Expanding Apprenticeships in America), is hereby revoked.
Sec. 2. Implementation. The Director of the Office of Management and
Budget and the heads of executive departments and agencies shall
promptly consider taking steps to rescind any orders, rules,
regulations, guidelines, or policies, or portions thereof, implementing
or enforcing the Executive Order identified in section 1 of this order,
as appropriate and consistent with applicable law, including the
Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any
personnel positions, committees, task forces, or other entities
established pursuant to the Executive Order identified in section 1 of
this order shall be abolished, as appropriate and consistent with
applicable law.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 17, 2021.
[[Page 521]]
Executive Order 14017 of February 24, 2021
America's Supply Chains
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 United States needs resilient, diverse, and
secure supply chains to ensure our economic prosperity and national
security. Pandemics and other biological threats, cyber-attacks, climate
shocks and extreme weather events, terrorist attacks, geopolitical and
economic competition, and other conditions can reduce critical
manufacturing capacity and the availability and integrity of critical
goods, products, and services. Resilient American supply chains will
revitalize and rebuild domestic manufacturing capacity, maintain
America's competitive edge in research and development, and create well-
paying jobs. They will also support small businesses, promote
prosperity, advance the fight against climate change, and encourage
economic growth in communities of color and economically distressed
areas.
More resilient supply chains are secure and diverse--facilitating
greater domestic production, a range of supply, built-in redundancies,
adequate stockpiles, safe and secure digital networks, and a world-class
American manufacturing base and workforce. Moreover, close cooperation
on resilient supply chains with allies and partners who share our values
will foster collective economic and national security and strengthen the
capacity to respond to international disasters and emergencies.
Therefore, it is the policy of my Administration to strengthen the
resilience of America's supply chains.
Sec. 2. Coordination. The Assistant to the President for National
Security Affairs (APNSA) and the Assistant to the President for Economic
Policy (APEP) shall coordinate the executive branch actions necessary to
implement this order through the interagency process identified in
National Security Memorandum 2 of February 4, 2021 (Renewing the
National Security Council System). In implementing this order, the heads
of agencies should, as appropriate, consult outside stakeholders--such
as those in industry, academia, non-governmental organizations,
communities, labor unions, and State, local, and Tribal governments--in
order to fulfill the policy identified in section 1 of this order.
Sec. 3. 100-Day Supply Chain Review. (a) To advance the policy described
in section 1 of this order, the APNSA and the APEP, in coordination with
the heads of appropriate agencies, as defined in section 6(a) of this
order, shall complete a review of supply chain risks, as outlined in
subsection (b) of this section, within 100 days of the date of this
order.
(b) Within 100 days of the date of this order, the specified heads
of agencies shall submit the following reports to the President, through
the APNSA and the APEP:
(i) The Secretary of Commerce, in consultation with the heads of
appropriate agencies, shall submit a report identifying risks in the
semiconductor manufacturing and advanced packaging supply chains and policy
recommendations to address these risks. The report shall include the items
described in section 4(c) of this order.
[[Page 522]]
(ii) The Secretary of Energy, in consultation with the heads of appropriate
agencies, shall submit a report identifying risks in the supply chain for
high-capacity batteries, including electric-vehicle batteries, and policy
recommendations to address these risks. The report shall include the items
described in section 4(c) of this order.
(iii) The Secretary of Defense (as the National Defense Stockpile Manager),
in consultation with the heads of appropriate agencies, shall submit a
report identifying risks in the supply chain for critical minerals and
other identified strategic materials, including rare earth elements (as
determined by the Secretary of Defense), and policy recommendations to
address these risks. The report shall also describe and update work done
pursuant to Executive Order 13953 of September 30, 2020 (Addressing the
Threat to the Domestic Supply Chain From Reliance on Critical Minerals From
Foreign Adversaries and Supporting the Domestic Mining and Processing
Industries). The report shall include the items described in section 4(c)
of this order.
(iv) The Secretary of Health and Human Services, in consultation with the
heads of appropriate agencies, shall submit a report identifying risks in
the supply chain for pharmaceuticals and active pharmaceutical ingredients
and policy recommendations to address these risks. The report shall
complement the ongoing work to secure the supply chains of critical items
needed to combat the COVID-19 pandemic, including personal protective
equipment, conducted pursuant to Executive Order 14001 of January 21, 2021
(A Sustainable Public Health Supply Chain). The report shall include the
items described in section 4(c) of this order.
(c) The APNSA and the APEP shall review the reports required under
subsection (b) of this section and shall submit the reports to the
President in an unclassified form, but may include a classified annex.
(d) The APNSA and the APEP shall include a cover memorandum to the
set of reports submitted pursuant to this section, summarizing the
reports' findings and making any additional overall recommendations for
addressing the risks to America's supply chains, including the supply
chains for the products identified in subsection (b) of this section.
Sec. 4. Sectoral Supply Chain Assessments. (a) Within 1 year of the date
of this order, the specified heads of agencies shall submit the
following reports to the President, through the APNSA and the APEP:
(i) The Secretary of Defense, in consultation with the heads of appropriate
agencies, shall submit a report on supply chains for the defense industrial
base that updates the report provided pursuant to Executive Order 13806 of
July 21, 2017 (Assessing and Strengthening the Manufacturing and Defense
Industrial Base and Supply Chain Resiliency of the United States), and
builds on the Annual Industrial Capabilities Report mandated by the
Congress pursuant to section 2504 of title 10, United States Code. The
report shall identify areas where civilian supply chains are dependent upon
competitor nations, as determined by the Secretary of Defense.
(ii) The Secretary of Health and Human Services, in consultation with the
heads of appropriate agencies, shall submit a report on supply chains for
the public health and biological preparedness industrial base (as
determined by the Secretary of Health and Human Services). The report
[[Page 523]]
shall complement the work conducted pursuant to section 4 of Executive
Order 14001.
(iii) The Secretary of Commerce and the Secretary of Homeland Security, in
consultation with the heads of appropriate agencies, shall submit a report
on supply chains for critical sectors and subsectors of the information and
communications technology (ICT) industrial base (as determined by the
Secretary of Commerce and the Secretary of Homeland Security), including
the industrial base for the development of ICT software, data, and
associated services.
(iv) The Secretary of Energy, in consultation with the heads of appropriate
agencies, shall submit a report on supply chains for the energy sector
industrial base (as determined by the Secretary of Energy).
(v) The Secretary of Transportation, in consultation with the heads of
appropriate agencies, shall submit a report on supply chains for the
transportation industrial base (as determined by the Secretary of
Transportation).
(vi) The Secretary of Agriculture, in consultation with the heads of
appropriate agencies, shall submit a report on supply chains for the
production of agricultural commodities and food products.
(b) The APNSA and the APEP shall, as appropriate and in consultation
with the heads of appropriate agencies, recommend adjustments to the
scope for each industrial base assessment, including digital networks,
services, assets, and data (``digital products''), goods, services, and
materials that are relevant within more than one defined industrial
base, and add new assessments, as appropriate, for goods and materials
not included in the above industrial base assessments.
(c) Each report submitted under subsection (a) of this section shall
include a review of:
(i) the critical goods and materials, as defined in section 6(b) of this
order, underlying the supply chain in question;
(ii) other essential goods and materials, as defined in section 6(d) of
this order, underlying the supply chain in question, including digital
products;
(iii) the manufacturing or other capabilities necessary to produce the
materials identified in subsections (c)(i) and (c)(ii) of this section,
including emerging capabilities;
(iv) the defense, intelligence, cyber, homeland security, health, climate,
environmental, natural, market, economic, geopolitical, human-rights or
forced-labor risks or other contingencies that may disrupt, strain,
compromise, or eliminate the supply chain--including risks posed by supply
chains' reliance on digital products that may be vulnerable to failures or
exploitation, and risks resulting from the elimination of, or failure to
develop domestically, the capabilities identified in subsection (c)(iii) of
this section--and that are sufficiently likely to arise so as to require
reasonable preparation for their occurrence;
(v) the resilience and capacity of American manufacturing supply chains and
the industrial and agricultural base--whether civilian or defense--of the
United States to support national and economic security, emergency
preparedness, and the policy identified in section 1 of this order,
[[Page 524]]
in the event any of the contingencies identified in subsection (c)(iv) of
this section occurs, including an assessment of:
(A) the manufacturing or other needed capacities of the United States,
including the ability to modernize to meet future needs;
(B) gaps in domestic manufacturing capabilities, including nonexistent,
extinct, threatened, or single-point-of-failure capabilities;
(C) supply chains with a single point of failure, single or dual
suppliers, or limited resilience, especially for subcontractors, as defined
by section 44.101 of title 48, Code of Federal Regulations (Federal
Acquisition Regulation);
(D) the location of key manufacturing and production assets, with any
significant risks identified in subsection (c)(iv) of this section posed by
the assets' physical location;
(E) exclusive or dominant supply of critical goods and materials and
other essential goods and materials, as identified in subsections (c)(i)
and (c)(ii) of this section, by or through nations that are, or are likely
to become, unfriendly or unstable;
(F) the availability of substitutes or alternative sources for critical
goods and materials and other essential goods and materials, as identified
in subsections (c)(i) and (c)(ii) of this section;
(G) current domestic education and manufacturing workforce skills for the
relevant sector and identified gaps, opportunities, and potential best
practices in meeting the future workforce needs for the relevant sector;
(H) the need for research and development capacity to sustain leadership
in the development of critical goods and materials and other essential
goods and materials, as identified in subsections (c)(i) and (c)(ii) of
this section;
(I) the role of transportation systems in supporting existing supply
chains and risks associated with those transportation systems; and
(J) the risks posed by climate change to the availability, production, or
transportation of critical goods and materials and other essential goods
and materials, as identified in subsections (c)(i) and (c)(ii) of this
section.
(vi) allied and partner actions, including whether United States allies and
partners have also identified and prioritized the critical goods and
materials and other essential goods and materials identified in subsections
(c)(i) and (c)(ii) of this section, and possible avenues for international
engagement. In assessing these allied and partner actions, the heads of
agencies shall consult with the Secretary of State;
(vii) the primary causes of risks for any aspect of the relevant industrial
base and supply chains assessed as vulnerable pursuant to subsection (c)(v)
of this section;
(viii) a prioritization of the critical goods and materials and other
essential goods and materials, including digital products, identified in
subsections (c)(i) and (c)(ii) of this section for the purpose of
identifying options and policy recommendations. The prioritization shall be
based on statutory or regulatory requirements; importance to national
security, emergency preparedness, and the policy set forth in section 1 of
this
[[Page 525]]
order; and the review conducted pursuant to subsection (c)(v) of this
section;
(ix) specific policy recommendations for ensuring a resilient supply chain
for the sector. Such recommendations may include sustainably reshoring
supply chains and developing domestic supplies, cooperating with allies and
partners to identify alternative supply chains, building redundancy into
domestic supply chains, ensuring and enlarging stockpiles, developing
workforce capabilities, enhancing access to financing, expanding research
and development to broaden supply chains, addressing risks due to
vulnerabilities in digital products relied on by supply chains, addressing
risks posed by climate change, and any other recommendations;
(x) any executive, legislative, regulatory, and policy changes and any
other actions to strengthen the capabilities identified in subsection
(c)(iii) of this section, and to prevent, avoid, or prepare for any of the
contingencies identified in subsection (c)(iv) of this section; and
(xi) proposals for improving the Government-wide effort to strengthen
supply chains, including proposals for coordinating actions required under
this order with ongoing efforts that could be considered duplicative of the
work of this order or with existing Government mechanisms that could be
used to implement this order in a more effective manner.
(d) The APNSA and the APEP shall review the reports required under
subsection (a) of this section and shall submit the reports to the
President in an unclassified form, but may include a classified annex.
Sec. 5. General Review and Recommendations. As soon as practicable
following the submission of the reports required under section 4 of this
order, the APNSA and the APEP, in coordination with the heads of
appropriate agencies, shall provide to the President one or more reports
reviewing the actions taken over the previous year and making
recommendations concerning:
(a) steps to strengthen the resilience of America's supply chains;
(b) reforms needed to make supply chain analyses and actions more
effective, including statutory, regulatory, procedural, and
institutional design changes. The report shall include recommendations
on whether additional offices, personnel, resources, statistical data,
or authorities are needed;
(c) establishment of a quadrennial supply chain review, including
processes and timelines regarding ongoing data gathering and supply
chain monitoring;
(d) diplomatic, economic, security, trade policy, informational, and
other actions that can successfully engage allies and partners to
strengthen supply chains jointly or in coordination;
(e) insulating supply chain analyses and actions from conflicts of
interest, corruption, or the appearance of impropriety, to ensure
integrity and public confidence in supply chain analyses;
(f) reforms to domestic and international trade rules and agreements
needed to support supply chain resilience, security, diversity, and
strength;
(g) education and workforce reforms needed to strengthen the
domestic industrial base;
[[Page 526]]
(h) steps to ensure that the Government's supply chain policy
supports small businesses, prevents monopolization, considers climate
and other environmental impacts, encourages economic growth in
communities of color and economically distressed areas, and ensures
geographic dispersal of economic activity across all regions of the
United States; and
(i) Federal incentives and any amendments to Federal procurement
regulations that may be necessary to attract and retain investments in
critical goods and materials and other essential goods and materials, as
defined in sections 6(b) and 6(d) of this order, including any new
programs that could encourage both domestic and foreign investment in
critical goods and materials.
Sec. 6. Definitions. For purposes of this order:
(a) ``Agency'' means any authority of the United States that is an
``agency'' under 44 U.S.C. 3502(1), other than those considered to be
independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
``Agency'' also means any component of the Executive Office of the
President.
(b) ``Critical goods and materials'' means goods and raw materials
currently defined under statute or regulation as ``critical'' materials,
technologies, or infrastructure.
(c) ``Critical minerals'' has the meaning given to that term in
Executive Order 13953 of September 30, 2020 (Addressing the Threat to
the Domestic Supply Chain From Reliance on Critical Minerals From
Foreign Adversaries and Supporting the Domestic Mining and Processing
Industries).
(d) ``Other essential goods and materials'' means goods and
materials that are essential to national and economic security,
emergency preparedness, or to advance the policy set forth in section 1
of this order, but not included within the definition of ``critical
goods and materials.''
(e) ``Supply chain,'' when used with reference to minerals, includes
the exploration, mining, concentration, separation, alloying, recycling,
and reprocessing of minerals.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 24, 2021.
[[Page 527]]
Executive Order 14018 of February 24, 2021
Revocation of Certain Presidential Actions
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. Revocation of Presidential Actions. The following
Presidential actions are revoked: Executive Order 13772 of February 3,
2017 (Core Principles for Regulating the United States Financial
System), Executive Order 13828 of April 10, 2018 (Reducing Poverty in
America by Promoting Opportunity and Economic Mobility), Memorandum of
January 29, 2020 (Delegation of Certain Authority Under the Federal
Service Labor-Management Relations Statute), Executive Order 13924 of
May 19, 2020 (Regulatory Relief To Support Economic Recovery),
Memorandum of September 2, 2020 (Reviewing Funding to State and Local
Government Recipients of Federal Funds That Are Permitting Anarchy,
Violence, and Destruction in American Cities), Executive Order 13967 of
December 18, 2020 (Promoting Beautiful Federal Civic Architecture), and
Executive Order 13979 of January 18, 2021 (Ensuring Democratic
Accountability in Agency Rulemaking).
Sec. 2. Implementation. The Director of the Office of Management and
Budget and the heads of executive departments and agencies shall
promptly consider taking steps to rescind any orders, rules,
regulations, guidelines, or policies, or portions thereof, implementing
or enforcing the Presidential actions identified in section 1 of this
order, as appropriate and consistent with applicable law, including the
Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any
personnel positions, committees, task forces, or other entities
established pursuant to the Presidential actions identified in section 1
of this order shall be abolished, as appropriate and consistent with
applicable law.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 24, 2021.
[[Page 528]]
Executive Order 14019 of March 7, 2021
Promoting Access to Voting
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. The right to vote is the foundation of American
democracy. Free and fair elections that reflect the will of the American
people must be protected and defended. But many Americans, especially
people of color, confront significant obstacles to exercising that
fundamental right. These obstacles include difficulties with voter
registration, lack of election information, and barriers to access at
polling places. For generations, Black voters and other voters of color
have faced discriminatory policies and other obstacles that
disproportionally affect their communities. These voters remain more
likely to face long lines at the polls and are disproportionately
burdened by voter identification laws and limited opportunities to vote
by mail. Limited access to language assistance remains a barrier for
many voters. People with disabilities continue to face barriers to
voting and are denied legally required accommodations in exercising
their fundamental rights and the ability to vote privately and
independently. Members of our military serving overseas, as well as
other American citizens living abroad, also face challenges to
exercising their fundamental right to vote.
The Constitution and laws of the United States prohibit racial
discrimination and protect the right to vote. The Voting Rights Act of
1965 and other Federal statutes implement those protections and assign
the Federal Government a key role in remedying disenfranchisement and
unequal access to the polls. In passing the National Voter Registration
Act of 1993, the Congress found that it is the duty of Federal, State,
and local governments to promote the exercise of the fundamental right
to vote. Executive departments and agencies (agencies) should partner
with State, local, Tribal, and territorial election officials to protect
and promote the exercise of the right to vote, eliminate discrimination
and other barriers to voting, and expand access to voter registration
and accurate election information. It is our duty to ensure that
registering to vote and the act of voting be made simple and easy for
all those eligible to do so.
Sec. 2. Policy. It is the policy of my Administration to promote and
defend the right to vote for all Americans who are legally entitled to
participate in elections. It is the responsibility of the Federal
Government to expand access to, and education about, voter registration
and election information, and to combat misinformation, in order to
enable all eligible Americans to participate in our democracy.
Sec. 3. Expanding Access to Voter Registration and Election Information.
Agencies shall consider ways to expand citizens' opportunities to
register to vote and to obtain information about, and participate in,
the electoral process.
(a) The head of each agency shall evaluate ways in which the agency
can, as appropriate and consistent with applicable law, promote voter
registration and voter participation. This effort shall include
consideration of:
(i) ways to provide relevant information in the course of activities or
services that directly engage with the public--including through agency
materials, websites, online forms, social media platforms, and other
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points of public access--about how to register to vote, how to request a
vote-by-mail ballot, and how to cast a ballot in upcoming elections;
(ii) ways to facilitate seamless transition from agencies' websites
directly to State online voter registration systems or appropriate Federal
websites, such as Vote.gov;
(iii) ways to provide access to voter registration services and vote-by-
mail ballot applications in the course of activities or services that
directly engage with the public, including:
(A) distributing voter registration and vote-by-mail ballot application
forms, and providing access to applicable State online systems for
individuals who can take advantage of those systems;
(B) assisting applicants in completing voter registration and vote-by-
mail ballot application forms in a manner consistent with all relevant
State laws; and
(C) soliciting and facilitating approved, nonpartisan third-party
organizations and State officials to provide voter registration services on
agency premises;
(iv) ways to promote and expand access to multilingual voter registration
and election information, and to promote equal participation in the
electoral process for all eligible citizens of all backgrounds; and
(v) whether, consistent with applicable law, any identity documents issued
by the agency to members of the public can be issued in a form that
satisfies State voter identification laws.
(b) Within 200 days of the date of this order, the head of each
agency shall submit to the Assistant to the President for Domestic
Policy a strategic plan outlining the ways identified under this review
that the agency can promote voter registration and voter participation.
(c) The Administrator of the Office of Electronic Government, Office
of Management and Budget, shall, consistent with applicable law,
coordinate efforts across agencies to improve or modernize Federal
websites and digital services that provide election and voting
information to the American people, including ensuring that Federal
websites are accessible to individuals with disabilities and people with
limited English proficiency. As appropriate, the Administrator of the
United States Digital Service may support agencies in implementing the
strategic plans directed in subsection (b) of this section.
Sec. 4. Acceptance of Designation Under the National Voter Registration
Act. (a) This order shall supersede section 3 of Executive Order 12926
of September 12, 1994 (Implementation of the National Voter Registration
Act of 1993).
(b) Each agency, if requested by a State to be designated as a voter
registration agency pursuant to section 7(a)(3)(B)(ii) of the National
Voter Registration Act, shall, to the greatest extent practicable and
consistent with applicable law, agree to such designation. If an agency
declines to consent to such designation, the head of the agency shall
submit to the President a written explanation for the decision.
(c) The head of each agency shall evaluate where and how the agency
provides services that directly engage with the public and, to the
greatest
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extent practicable, formally notify the States in which the agency
provides such services that it would agree to designation as a voter
registration agency pursuant to section 7(a)(3)(B)(ii) of the National
Voter Registration Act.
Sec. 5. Modernizing Vote.gov. The General Services Administration (GSA)
shall take steps to modernize and improve the user experience of
Vote.gov. In determining how to do so, GSA shall coordinate with the
Election Assistance Commission and other agencies as appropriate, and
seek the input of affected stakeholders, including election
administrators, civil rights and disability rights advocates, Tribal
Nations, and nonprofit groups that study best practices for using
technology to promote civic engagement.
(a) GSA's efforts to modernize and improve Vote.gov shall include:
(i) ensuring that Vote.gov complies, at minimum, with sections 504 and 508
of the Rehabilitation Act of 1973;
(ii) ensuring that Vote.gov is translated into languages spoken by any of
the language groups covered under section 203 of the Voting Rights Act
anywhere in the United States; and
(iii) implementing relevant provisions of the 21st Century Integrated
Digital Experience Act (Public Law 115-336).
(b) Within 200 days of the date of this order, GSA shall submit to
the Assistant to the President for Domestic Policy a strategic plan
outlining the steps to modernize and improve the user experience of
Vote.gov.
Sec. 6. Increasing Opportunities for Employees to Vote. It is a priority
of my Administration to ensure that the Federal Government, as the
Nation's largest employer, serves as a model employer by encouraging and
facilitating Federal employees' civic participation. Accordingly, the
Director of the Office of Personnel Management shall take the following
actions within 200 days of the date of this order:
(a) coordinate with the heads of executive agencies, as defined in 5
U.S.C. 105, to provide recommendations to the President, through the
Assistant to the President for Domestic Policy, on strategies to expand
the Federal Government's policy of granting employees time off to vote
in Federal, State, local, Tribal, and territorial elections. Such
recommendations should include efforts to ensure Federal employees have
opportunities to participate in early voting.
(b) Coordinate with the heads of executive agencies, as defined in 5
U.S.C. 105, to provide recommendations to the President, through the
Assistant to the President for Domestic Policy, on strategies to better
support Federal employees who wish to volunteer to serve as non-partisan
poll workers or non-partisan observers, particularly during early or
extended voting periods.
Sec. 7. Ensuring Equal Access for Voters with Disabilities. Within 270
days of the date of this order, the National Institute of Standards and
Technology (NIST) within the Department of Commerce shall evaluate the
steps needed to ensure that the online Federal Voter Registration Form
is accessible to people with disabilities. During that period, NIST, in
consultation with the Department of Justice, the Election Assistance
Commission, and other agencies, as appropriate, shall also analyze
barriers to private and independent voting for people with disabilities,
including access to voter registration, voting technology, voting by
mail, polling locations, and poll
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worker training. By the end of the 270-day period, NIST shall publish
recommendations regarding both the Federal Voter Registration Form and
the other barriers it has identified.
Sec. 8. Ensuring Access to Voting for Active Duty Military and Overseas
Citizens. (a) Within 200 days of the date of this order, the Secretary
of Defense shall establish procedures, consistent with applicable law,
to affirmatively offer, on an annual basis, each member of the Armed
Forces on active duty the opportunity to register to vote in Federal
elections, update voter registration information, or request an absentee
ballot.
(b) Within 200 days of the date of this order, the Secretary of
Defense shall evaluate the feasibility of implementing an online system
to facilitate the services described in subsection (a) of this section.
(c) The Secretary of Defense, in coordination with the Department of
State, the Military Postal Service Agency, and the United States Postal
Service, shall take all practical steps to establish procedures to
enable a comprehensive end-to-end ballot tracking system for all
absentee ballots cast by military and other eligible overseas voters
under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.
20301 et seq. Within 200 days of the date of this order, the Secretary
of Defense shall submit a report to the Assistant to the President for
Domestic Policy with a strategic plan for establishing the
aforementioned tracking system.
(d) The head of each agency with overseas employees shall designate
an employee to be responsible for coordinating with the Federal Voting
Assistance Program, including to promote voter registration and voting
services available to the agency's overseas employees. The Director of
the Office of Management and Budget may issue guidance to assist
agencies in making such designations.
Sec. 9. Ensuring Access to Voter Registration for Eligible Individuals
in Federal Custody. (a) The Attorney General shall establish procedures,
consistent with applicable law, to provide educational materials related
to voter registration and voting and, to the extent practicable, to
facilitate voter registration, for all eligible individuals in the
custody of the Federal Bureau of Prisons. Such educational materials
shall be incorporated into the reentry planning procedures required
under section 4042(a)(7) of title 18, United States Code. The
educational materials should also notify individuals leaving Federal
custody of the restrictions, if any, on their ability to vote under the
laws of the State where the individual resides and, if any such
restrictions exist, the point at which the individual's rights will be
restored under applicable State law.
(b) The Attorney General shall establish procedures, consistent with
applicable law, to ensure the United States Marshals Service includes
language in intergovernmental agreements and jail contracts to require
the jails to provide educational materials related to voter registration
and voting, and to facilitate voting by mail, to the extent practicable
and appropriate.
(c) The Attorney General shall establish procedures, consistent with
applicable law, for coordinating with the Probation and Pretrial
Services Office of the Administrative Office of the United States Courts
to provide educational materials related to voter registration and
voting to all eligible individuals under the supervision of the
Probation and Pretrial Services Office, and to facilitate voter
registration and voting by such individuals.
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(d) The Attorney General shall take appropriate steps, consistent
with applicable law, to support formerly incarcerated individuals in
obtaining a means of identification that satisfies State voter
identification laws, including as required by 18 U.S.C. 4042(a)(6)(B).
Sec. 10. Establishing a Native American Voting Rights Steering Group.
(a) There is hereby established an Interagency Steering Group on Native
American Voting Rights (Steering Group) coordinated by the Domestic
Policy Council.
(b) The Steering Group shall be chaired by the Assistant to the
President for Domestic Policy and shall include the Attorney General,
the Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Labor, the Secretary of Health and Human Services, and the
Secretary of Veterans Affairs or their designees. The Chair may invite
the participation of the heads or senior representatives of other
agencies, as the Chair determines to be helpful to complete the work of
the Steering Group. The Steering Group shall consult with agencies not
represented on the Steering Group to facilitate the sharing of
information and best practices, as appropriate and consistent with
applicable law.
(c) The Steering Group shall engage in meaningful and robust
consultation with Tribal Nations and Native leaders to inform the
Steering Group regarding concerns and potential areas of focus for the
report described in subsection (d) of this section, and to assist the
Steering Group in developing that report.
(d) The Steering Group shall study best practices for protecting
voting rights of Native Americans and shall produce a report within 1
year of the date of this order outlining recommendations for providing
such protection, consistent with applicable law, including
recommendations for:
(i) increasing voter outreach, education, registration, and turnout in
Native American communities; increasing voting access for Native American
communities (including increasing accessibility for voters with
disabilities); and mitigating internet accessibility issues that may hinder
voter registration and ballot access in Native American communities;
(ii) increasing language access and assistance for Native American voters,
including evaluating existing best practices;
(iii) mitigating barriers to voting for Native Americans by analyzing and
providing guidance on how to facilitate the use of Tribal government
identification cards as valid voter identification in Federal, State,
local, Tribal, and territorial elections;
(iv) facilitating collaboration among local election officials, Native
American communities, and Tribal election offices; and
(v) addressing other areas identified during the consultation process.
(e) The Department of the Interior shall provide administrative
support for the Steering Group to the extent permitted by law.
Sec. 11. Definition. Except as otherwise defined in section 6 of this
order, ``agency'' means any authority of the United States that is an
``agency'' under 44 U.S.C. 3502(1), other than those considered to be
independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 12. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
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(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 7, 2021.
Executive Order 14020 of March 8, 2021
Establishment of the White House Gender Policy Council
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Advancing gender equity and equality is a matter of
human rights, justice, and fairness. It is also a strategic imperative
that reduces poverty and promotes economic growth, increases access to
education, improves health outcomes, advances political stability, and
fosters democracy. The full participation of all people--including women
and girls--across all aspects of our society is essential to the
economic well-being, health, and security of our Nation and of the
world.
It is therefore the policy of my Administration to establish and pursue
a comprehensive approach to ensure that the Federal Government is
working to advance equal rights and opportunities, regardless of gender
or gender identity, in advancing domestic and foreign policy--including
by promoting workplace diversity, fairness, and inclusion across the
Federal workforce and military. This order is intended to advance gender
equity and equality, with sensitivity to the experiences of those who
suffer discrimination based on multiple factors, including membership in
an underserved community.
Sec. 2. The White House Gender Policy Council. (a) There is established
a White House Gender Policy Council (Council) within the Executive
Office of the President.
(b) The Council shall coordinate Federal Government efforts to
advance gender equity and equality, including policies and programs to:
(i) combat systemic biases and discrimination, including sexual harassment,
and to support women's human rights;
(ii) increase economic security and opportunity by addressing the
structural barriers to women's participation in the labor force and by
decreasing wage and wealth gaps;
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(iii) address the caregiving needs of American families and support the
care-workers they depend upon;
(iv) support gender equity and combat gender stereotypes in education,
including promoting participation in science, technology, engineering, and
math (STEM) fields;
(v) promote gender equity in leadership;
(vi) increase access to comprehensive health care, address health
disparities, and promote sexual and reproductive health and rights;
(vii) empower girls;
(viii) prevent and respond to all forms of gender-based violence;
(ix) address responses to the effects of the coronavirus disease 2019
(COVID-19) on women and girls, especially those related to health, gender-
based violence, educational access and attainment, and economic status;
(x) advance gender equality globally through diplomacy, development, trade,
and defense;
(xi) implement United States Government commitments to women's involvement
in peace and security efforts; and
(xii) recognize the needs and contributions of women and girls in
humanitarian crises and in development assistance.
(c) The Council shall work across executive departments and agencies
(agencies) to advance gender equity and equality and provide a
coordinated Federal response on issues that have a distinct impact on
gender equity and equality. The Council shall also work with each agency
to ensure that agency operations are conducted in a manner that promotes
gender equity and equality, to the extent permitted by law.
(d) The Council shall provide legislative and policy recommendations
to the President, evaluate other proposed policies and legislation for
their potential impact on issues of gender equity and equality, propose
improvement in the collection of data related to gender and gender
identity, and suggest changes to Federal programs or policies to address
issues of significance to women and girls.
(e) The Council shall, consistent with applicable law, conduct
outreach with, and consider ways to increase coordination,
communication, and engagement with, representatives of a diverse range
of nonprofit and community-based organizations, civil society groups,
and faith-based organizations; State, local, Tribal and territorial
government officials; labor unions and worker organizations; private
sector representatives; foreign government officials; multilateral
organizations; and other interested persons who can inform the Council's
work.
(f) The Council shall be led by two Co-Chairs designated by the
President, one of whom shall also serve as the Executive Director of the
Council (Executive Director). The Council staff shall also include a
Special Assistant to the President and Senior Advisor on Gender-Based
Violence and other sufficient staff as may be necessary to carry out the
provisions of this order.
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(g) In addition to the Co-Chairs, the Council shall consist of the
following members:
(i) the Secretary of State;
(ii) the Secretary of the Treasury;
(iii) the Secretary of Defense;
(iv) the Attorney General;
(v) the Secretary of the Interior;
(vi) the Secretary of Agriculture;
(vii) the Secretary of Commerce;
(viii) the Secretary of Labor;
(ix) the Secretary of Health and Human Services;
(x) the Secretary of Housing and Urban Development;
(xi) the Secretary of Transportation;
(xii) the Secretary of Energy;
(xiii) the Secretary of Education;
(xiv) the Secretary of Veterans Affairs;
(xv) the Secretary of Homeland Security;
(xvi) the Administrator of the Environmental Protection Agency;
(xvii) the Director of the Office of Management and Budget;
(xviii) the United States Trade Representative;
(xix) the Administrator of the Small Business Administration;
(xx) the Director of National Intelligence;
(xxi) the Representative of the United States of America to the United
Nations;
(xxii) the Director of the Office of Science and Technology Policy;
(xxiii) the Assistant to the President for National Security Affairs;
(xxiv) the Assistant to the President for Domestic Policy;
(xxv) the Assistant to the President for Economic Policy;
(xxvi) the Assistant to the President on National Climate;
(xxvii) the Assistant to the President on COVID-19 Response;
(xxviii) the Chief of Staff to the Vice President;
(xxix) the Chair of the Council of Economic Advisers;
(xxx) the Chair of the Council on Environmental Quality;
(xxxi) the Director of the National Science Foundation;
(xxxii) the Administrator of General Services;
(xxxiii) the Administrator of the National Aeronautics and Space
Administration;
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(xxxiv) the Chair of the Equal Employment Opportunity Commission;
(xxxv) the Administrator of the United States Agency for International
Development;
(xxxvi) the Director of the Office of Personnel Management; and
(xxxvii) the heads of such other agencies and offices as the Co-Chairs may
from time to time invite to participate.
(h) Members of the Council shall designate, within 30 days of the
date of this order, a senior official within their respective agency or
office who shall coordinate with the Council and who shall be
responsible for overseeing the agency's or office's efforts to advance
gender equity and equality. The Director of National Intelligence shall
designate a National Intelligence Officer for Gender Equality, who shall
coordinate intelligence support for the Council's work on issues
implicating national security. The Co-Chairs may coordinate subgroups
consisting exclusively of Council members or their designees under this
section, as appropriate.
(i) Each agency shall bear its own expenses for participating in the
Council.
Sec. 3. Government-Wide Strategy to Advance Gender Equity and Equality.
(a) Within 200 days of the date of this order, the Council, after
coordination by the Co-Chairs, shall develop and submit to the President
a Government-wide strategy for advancing gender equity and equality in
the United States and, when applicable, around the world (the
``Strategy''). The Strategy should include recommendations on policies,
programs, and initiatives that should be proposed, passed, or
implemented to advance gender equity and equality in the United States
and around the world.
(b) Recognizing the gender and racial disparities that COVID-19 has
both magnified and exacerbated, in formulating its recommendations to
address the effects of the COVID-19 pandemic and related economic
disruption on women and girls, the Council shall coordinate with the
White House Office of the COVID-19 Response and the COVID-19 Health
Equity Task Force, established by section 2 of Executive Order 13995 of
January 21, 2021 (Ensuring an Equitable Pandemic Response and Recovery).
(c) In developing the Strategy, the Council shall consider the
unique experiences and needs of women and girls who are also members of
other underserved communities. In implementing this approach, the
Council shall work closely with the Domestic Policy Council, which
coordinates the interagency, whole-of-government strategy for advancing
equity, as set forth in Executive Order 13985 of January 20, 2021
(Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government).
Sec. 4. Implementation. (a) After the Strategy has been submitted to the
President, the heads of agencies, or their designees, shall, in
consultation with the Council and the Office of Management and Budget
(OMB), select certain of their respective agency's programs and policies
for review for consistency with the Strategy. As appropriate and
consistent with law, the heads of agencies shall suspend, revise, or
rescind, or publish for notice and comment proposed rules suspending,
revising, or rescinding, any directives, orders, regulations, policies,
or guidance inconsistent with the Strategy. As appropriate, the heads of
agencies shall consult with the Attorney General to the extent that any
proposed actions require consultation or
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review under Executive Order 12250 of November 2, 1980 (Leadership and
Coordination of Nondiscrimination Laws). As part of its review, the
Administrator of the United States Agency for International Development
shall, as appropriate and consistent with law, review the 2020 Gender
Equality and Women's Empowerment Policy and revise or rescind it as
appropriate.
(b) The Council shall coordinate a comprehensive, interagency
response to gender-based violence at home and abroad, including
intervention, prevention, and public health strategies to reduce
incidence and impacts. The Special Assistant to the President and Senior
Advisor on Gender-Based Violence, working with the Executive Director,
shall create a National Action Plan to End Gender-Based Violence that
establishes a Government-wide approach to preventing and addressing
gender-based violence in the United States and shall work, in
conjunction with the Assistant to the President for National Security
Affairs, to lead a comprehensive, interagency review and update of the
2016 United States Strategy to Prevent and Respond to Gender-Based
Violence Globally, as appropriate and consistent with law.
(c) Following the submission of the Strategy developed pursuant to
section 3 of this order, the heads of agencies shall report to the
Council semi-annually, and the Council shall prepare an annual report
for submission to the President--a version of which shall be made
public--on progress made in implementing the Strategy.
(d) The Council shall coordinate with the Domestic Policy Council,
OMB, and other agencies and offices to advance my Administration's
efforts to achieve greater equity as set forth in Executive Order 13985.
In particular, among other things, the Council shall coordinate with the
Interagency Working Group on Equitable Data, established in section 9 of
Executive Order 13985.
(e) The Council shall coordinate with the National Security Council
on all issues related to gender equality globally, including women's
economic participation, health, and involvement in peace and security
efforts.
(f) Consistent with section 6 of Executive Order 13985, the Director
of OMB shall identify opportunities to promote gender equity and
equality in the budget that the President submits to the Congress.
(g) The heads of agencies, interagency working groups, and task
forces shall assist and provide information to the Council, as
appropriate and consistent with applicable law, as may be helpful to
carry out the functions of the Council.
Sec. 5. Termination. The Working Group created by section 2 of the
Presidential Memorandum of February 7, 2019 (Promoting Women's Global
Development and Prosperity) (NSPM-16), is terminated. NSPM-16 is amended
by substituting, in section 3(e), ``the Council'' for ``the Working
Group''.
Sec. 6. Definitions. (a) The term ``equity'' means the consistent and
systematic fair, just, and impartial treatment of all individuals,
including individuals who belong to underserved communities that have
been denied such treatment, such as women and girls; Black, Latino, and
Indigenous and Native American persons, Asian Americans and Pacific
Islanders, and other persons of color; members of religious minorities;
lesbian, gay, bisexual,
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transgender, and queer (LGBTQ+) persons; persons with disabilities;
persons who live in rural areas; and persons otherwise adversely
affected by persistent poverty or inequality.
(b) The term ``underserved communities'' refers to populations
sharing a particular characteristic, as well as geographic communities,
that have been systematically denied a full opportunity to participate
in aspects of economic, social, and civic life, as exemplified by the
list in the preceding definition of ``equity.''
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 8, 2021.
Executive Order 14021 of March 8, 2021
Guaranteeing an Educational Environment Free From Discrimination on the
Basis of Sex, Including Sexual Orientation or Gender Identity
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration that all
students should be guaranteed an educational environment free from
discrimination on the basis of sex, including discrimination in the form
of sexual harassment, which encompasses sexual violence, and including
discrimination on the basis of sexual orientation or gender identity.
For students attending schools and other educational institutions that
receive Federal financial assistance, this guarantee is codified, in
part, in Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et
seq., which prohibits discrimination on the basis of sex in education
programs or activities receiving Federal financial assistance.
Sec. 2. Review of Agency Actions. (a) Within 100 days of the date of
this order, the Secretary of Education, in consultation with the
Attorney General, shall review all existing regulations, orders,
guidance documents, policies, and any other similar agency actions
(collectively, agency actions) that are or may be inconsistent with the
policy set forth in section 1 of this
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order, and provide the findings of this review to the Director of the
Office of Management and Budget.
(i) As part of the review required under subsection (a) of this section,
the Secretary of Education shall review the rule entitled
``Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance,'' 85 FR 30026 (May 19, 2020), and
any other agency actions taken pursuant to that rule, for consistency with
governing law, including Title IX, and with the policy set forth in section
1 of this order.
(ii) As soon as practicable, and as appropriate and consistent with
applicable law, the Secretary of Education shall review existing guidance
and issue new guidance as needed on the implementation of the rule
described in subsection (a)(i) of this section, for consistency with
governing law, including Title IX, and with the policy set forth in section
1 of this order.
(iii) The Secretary of Education shall consider suspending, revising, or
rescinding--or publishing for notice and comment proposed rules suspending,
revising, or rescinding--those agency actions that are inconsistent with
the policy set forth in section 1 of this order as soon as practicable and
as appropriate and consistent with applicable law, and may issue such
requests for information as would facilitate doing so.
(b) The Secretary of Education shall consider taking additional
enforcement actions, as appropriate and consistent with applicable law,
to enforce the policy set forth in section 1 of this order as well as
legal prohibitions on sex discrimination in the form of sexual
harassment, which encompasses sexual violence, to the fullest extent
permissible under law; to account for intersecting forms of prohibited
discrimination that can affect the availability of resources and support
for students who have experienced sex discrimination, including
discrimination on the basis of race, disability, and national origin; to
account for the significant rates at which students who identify as
lesbian, gay, bisexual, transgender, and queer (LGBTQ+) are subject to
sexual harassment, which encompasses sexual violence; to ensure that
educational institutions are providing appropriate support for students
who have experienced sex discrimination; and to ensure that their school
procedures are fair and equitable for all.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
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against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 8, 2021.
Executive Order 14022 of April 1, 2021
Termination of Emergency With Respect to the International Criminal
Court
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the
Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section
301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, find
that, although the United States continues to object to the
International Criminal Court's (ICC) assertions of jurisdiction over
personnel of such non-States Parties as the United States and its allies
absent their consent or referral by the United Nations Security Council
and will vigorously protect current and former United States personnel
from any attempts to exercise such jurisdiction, the threat and
imposition of financial sanctions against the Court, its personnel, and
those who assist it are not an effective or appropriate strategy for
addressing the United States' concerns with the ICC.
Accordingly, I hereby terminate the national emergency declared in
Executive Order 13928 of June 11, 2020 (Blocking Property of Certain
Persons Associated With the International Criminal Court), and revoke
that order, and further order:
Section 1. In light of the revocation of Executive Order 13928, the
suspension of entry as immigrants and nonimmigrants of individuals
meeting the criteria set forth in section 1(a) of that order will no
longer be in effect as of the date of this order and such individuals
will no longer be treated as persons covered by Presidential
Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens
Subject to United Nations Security Council Travel Bans and International
Emergency Economic Powers Act Sanctions).
Sec. 2. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)),
termination of the national emergency declared in Executive Order 13928
shall not affect any action taken or proceeding pending not finally
concluded or determined as of the date of this order, any action or
proceeding based on any act committed prior to the date of this order,
or any rights or duties that matured or penalties that were incurred
prior to the date of this order.
Sec. 3. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
[[Page 541]]
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
April 1, 2021.
Executive Order 14023 of April 9, 2021
Establishment of the Presidential Commission on the Supreme Court of the
United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Establishment. There is established the Presidential
Commission on the Supreme Court of the United States (Commission).
Sec. 2. Membership. (a) The Commission shall be composed of not more
than 36 members appointed by the President.
(b) Members of the Commission shall be distinguished constitutional
scholars, retired members of the Federal judiciary, or other individuals
having experience with and knowledge of the Federal judiciary and the
Supreme Court of the United States (Supreme Court).
(c) The President shall designate two members of the Commission to
serve as Co-Chairs.
Sec. 3. Functions. (a) The Commission shall produce a report for the
President that includes the following:
(i) An account of the contemporary commentary and debate about the role and
operation of the Supreme Court in our constitutional system and about the
functioning of the constitutional process by which the President nominates
and, by and with the advice and consent of the Senate, appoints Justices to
the Supreme Court;
(ii) The historical background of other periods in the Nation's history
when the Supreme Court's role and the nominations and advice-and-consent
process were subject to critical assessment and prompted proposals for
reform; and
(iii) An analysis of the principal arguments in the contemporary public
debate for and against Supreme Court reform, including an appraisal of the
merits and legality of particular reform proposals.
(b) The Commission shall solicit public comment, including other
expert views, to ensure that its work is informed by a broad spectrum of
ideas.
[[Page 542]]
(c) The Commission shall submit its report to the President within
180 days of the date of the Commission's first public meeting.
Sec. 4. Administration. (a) The Office of Administration within the
Executive Office of the President shall provide funding and
administrative support for the Commission to the extent permitted by law
and within existing appropriations. To the extent permitted by law,
including the Economy Act (31 U.S.C. 1535), and subject to the
availability of appropriations, the General Services Administration
shall provide administrative services, including facilities, staff,
equipment, and other support services as may be necessary to carry out
the objectives of the Commission.
(b) Members of the Commission shall serve without compensation for
their work on the Commission, but shall be allowed travel expenses,
including per diem in lieu of subsistence, to the extent permitted by
law for persons serving intermittently in the Government service (5
U.S.C. 5701-5707).
(c) Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App.) (Act), may apply to the Commission, any functions of the
President under the Act, except for those in section 6 of the Act, shall
be performed by the Administrator of General Services.
Sec. 5. Termination. The Commission shall terminate 30 days after it
submits its report to the President.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
April 9, 2021.
Executive Order 14024 of April 15, 2021
Blocking Property With Respect To Specified Harmful Foreign Activities
of the Government of the Russian Federation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency
[[Page 543]]
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the
Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section
301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, find
that specified harmful foreign activities of the Government of the
Russian Federation--in particular, efforts to undermine the conduct of
free and fair democratic elections and democratic institutions in the
United States and its allies and partners; to engage in and facilitate
malicious cyber-enabled activities against the United States and its
allies and partners; to foster and use transnational corruption to
influence foreign governments; to pursue extraterritorial activities
targeting dissidents or journalists; to undermine security in countries
and regions important to United States national security; and to violate
well-established principles of international law, including respect for
the territorial integrity of states--constitute an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States. I hereby declare a national emergency to
deal with that threat.
Accordingly, I hereby order:
Section 1. All property and interests in property that are in the United
States, that hereafter come within the United States, or that are or
hereafter come within the possession or control of any United States
person of the following persons are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in:
(a) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, and, with respect to
subsection (a)(ii) of this section, in consultation with the Attorney
General, or by the Secretary of State, in consultation with the
Secretary of the Treasury, and, with respect to subsection (a)(ii) of
this section, in consultation with the Attorney General:
(i) to operate or have operated in the technology sector or the defense and
related materiel sector of the Russian Federation economy, or any other
sector of the Russian Federation economy as may be determined by the
Secretary of the Treasury, in consultation with the Secretary of State;
(ii) to be responsible for or complicit in, or to have directly or
indirectly engaged or attempted to engage in, any of the following for or
on behalf of, or for the benefit of, directly or indirectly, the Government
of the Russian Federation:
(A) malicious cyber-enabled activities;
(B) interference in a United States or other foreign government election;
(C) actions or policies that undermine democratic processes or
institutions in the United States or abroad;
(D) transnational corruption;
(E) assassination, murder, or other unlawful killing of, or infliction of
other bodily harm against, a United States person or a citizen or national
of a United States ally or partner;
[[Page 544]]
(F) activities that undermine the peace, security, political stability,
or territorial integrity of the United States, its allies, or its partners;
or
(G) deceptive or structured transactions or dealings to circumvent any
United States sanctions, including through the use of digital currencies or
assets or the use of physical assets;
(iii) to be or have been a leader, official, senior executive officer, or
member of the board of directors of:
(A) the Government of the Russian Federation;
(B) an entity that has, or whose members have, engaged in any activity
described in subsection (a)(ii) of this section; or
(C) an entity whose property and interests in property are blocked
pursuant to this order;
(iv) to be a political subdivision, agency, or instrumentality of the
Government of the Russian Federation;
(v) to be a spouse or adult child of any person whose property and
interests in property are blocked pursuant to subsection (a)(ii) or (iii)
of this section;
(vi) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of:
(A) any activity described in subsection (a)(ii) of this section; or
(B) any person whose property and interests in property are blocked
pursuant to this order; or
(vii) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, the Government of the Russian
Federation or any person whose property and interests in property are
blocked pursuant to this order.
(b) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, to have materially assisted,
sponsored, or provided financial, material, or technological support
for, or goods or services to or in support of, a government whose
property and interests in property are blocked pursuant to chapter V of
title 31 of the Code of Federal Regulations or another Executive Order,
and to be:
(i) a citizen or national of the Russian Federation;
(ii) an entity organized under the laws of the Russian Federation or any
jurisdiction within the Russian Federation (including foreign branches); or
(iii) a person ordinarily resident in the Russian Federation.
(c) any person determined by the Secretary of State, in consultation
with the Secretary of the Treasury, to be responsible for or complicit
in, or to have directly or indirectly engaged in or attempted to engage
in, cutting or disrupting gas or energy supplies to Europe, the
Caucasus, or Asia, and to be:
(i) an individual who is a citizen or national of the Russian Federation;
or
[[Page 545]]
(ii) an entity organized under the laws of the Russian Federation or any
jurisdiction within the Russian Federation (including foreign branches).
(d) The prohibitions in subsections (a), (b), and (c) of this
section apply except to the extent provided by statutes, or in
regulations, orders, directives, or licenses that may be issued pursuant
to this order, and notwithstanding any contract entered into or any
license or permit granted before the date of this order.
Sec. 2. The prohibitions in section 1 of this order include:
(a) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or
services from any such person.
Sec. 3. (a) The unrestricted immigrant and nonimmigrant entry into the
United States of noncitizens determined to meet one or more of the
criteria in section 1 of this order would be detrimental to the
interests of the United States, and the entry of such persons into the
United States, as immigrants or nonimmigrants, is hereby suspended,
except when the Secretary of State or the Secretary of Homeland
Security, as appropriate, determines that the person's entry would not
be contrary to the interests of the United States, including when the
Secretary of State or the Secretary of Homeland Security, as
appropriate, so determines, based on a recommendation of the Attorney
General, that the person's entry would further important United States
law enforcement objectives.
(b) The Secretary of State shall implement this authority as it
applies to visas pursuant to such procedures as the Secretary of State,
in consultation with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this order as
it applies to the entry of noncitizens pursuant to such procedures as
the Secretary of Homeland Security, in consultation with the Secretary
of State, may establish.
(d) Such persons shall be treated by this section in the same manner
as persons covered by section 1 of Proclamation 8693 of July 24, 2011
(Suspension of Entry of Aliens Subject to United Nations Security
Council Travel Bans and International Emergency Economic Powers Act
Sanctions).
Sec. 4. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 5. I hereby determine that the making of donations of the types of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order would seriously impair my
ability to deal with the national emergency declared in this order, and
I hereby prohibit such donations as provided by section 1 of this order.
Sec. 6. For the purposes of this order:
(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
[[Page 546]]
(b) the term ``Government of the Russian Federation'' means the
Government of the Russian Federation, any political subdivision, agency,
or instrumentality thereof, including the Central Bank of the Russian
Federation, and any person owned, controlled, or directed by, or acting
for or on behalf of, the Government of the Russian Federation;
(c) the term ``noncitizen'' means any person who is not a citizen or
noncitizen national of the United States;
(d) the term ``person'' means an individual or entity; and
(e) the term ``United States person'' means any United States
citizen, lawful permanent resident, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render those measures
ineffectual. I therefore determine that for these measures to be
effective in addressing the national emergency declared in this order,
there need be no prior notice of a listing or determination made
pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA, as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may, consistent
with applicable law, redelegate any of these functions within the
Department of the Treasury. All departments and agencies of the United
States shall take all appropriate measures within their authority to
carry out the provisions of this order.
Sec. 9. Nothing in this order shall prohibit transactions for the
conduct of the official business of the Federal Government or the United
Nations (including its specialized agencies, programs, funds, and
related organizations) by employees, grantees, and contractors thereof.
Sec. 10. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to submit recurring and final
reports to the Congress on the national emergency declared in this
order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and
section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 11. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 547]]
against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
April 15, 2021.
Executive Order 14025 of April 26, 2021
Worker Organizing and Empowerment
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 and Findings. The National Labor Relations Act (29
U.S.C. 151) proclaims that the policy of the United States is to
encourage worker organizing and collective bargaining and to promote
equality of bargaining power between employers and employees. In the
Federal Service Labor-Management Relations Statute (5 U.S.C.
7101(a)(1)), the Congress found that ``experience in both private and
public employment indicates that the statutory protection of the right
of employees to organize, bargain collectively, and participate through
labor organizations of their own choosing in decisions which affect them
. . . safeguards the public interest, . . . contributes to the effective
conduct of public business, and . . . facilitates and encourages the
amicable settlements of disputes between employees and their employers
involving conditions of employment.''
In the past few decades, the Federal Government has not used its full
authority to promote and implement this policy of support for workers
organizing unions and bargaining collectively with their employers.
During this period, economic change in the United States and globally,
technological developments, and the failure to modernize Federal
organizing and labor-management relations laws to respond appropriately
to the reality found in American workplaces, have made worker organizing
exceedingly difficult.
The result has been a steady decline in union density in the United
States and the loss of worker power and voice in workplaces and
communities across the country. This decline has had a host of negative
consequences for American workers and the economy, including weakening
and shrinking America's middle class. Meanwhile, some workers have been
excluded from opportunities to organize unions and bargain collectively
with their employers by law or practice, and so have never been able to
build meaningful economic power or have a voice in their workplaces.
Confirming the policies declared in Federal labor laws, substantial
evidence shows that union membership increases wages, the likelihood of
receiving employer-provided benefits, and job security. Union membership
also gives workers the means to build the power to ensure that their
voices are heard in their workplaces, their communities, and in the
Nation.
Therefore, it is the policy of my Administration to encourage worker
organizing and collective bargaining.
[[Page 548]]
Sec. 2. Task Force on Worker Organizing and Empowerment. There is hereby
established within the Executive Office of the President the Task Force
on Worker Organizing and Empowerment (Task Force).
(a) The Vice President shall serve as Chair of the Task Force. In
addition to the Vice President, the Task Force shall consist of the
following officials or their designees:
(i) the Secretary of Labor, who shall serve as Vice Chair of the Task
Force;
(ii) the Secretary of the Treasury;
(iii) the Secretary of Defense;
(iv) the Secretary of the Interior;
(v) the Secretary of Agriculture;
(vi) the Secretary of Commerce;
(vii) the Secretary of Health and Human Services;
(viii) the Secretary of Housing and Urban Development;
(ix) the Secretary of Transportation;
(x) the Secretary of Energy;
(xi) the Secretary of Education;
(xii) the Secretary of Veterans Affairs;
(xiii) the Secretary of Homeland Security;
(xiv) the Administrator of the Environmental Protection Agency;
(xv) the Administrator of General Services;
(xvi) the Administrator of the Small Business Administration;
(xvii) the United States Trade Representative;
(xviii) the Director of the Office of Management and Budget;
(xix) the Director of the Office of Personnel Management;
(xx) the Chair of the Council of Economic Advisers;
(xxi) the Assistant to the President for Domestic Policy;
(xxii) the Assistant to the President for Economic Policy;
(xxiii) the Assistant to the President and National Climate Advisor; and
(xxiv) the heads of such other executive departments, agencies, and offices
as the President may from time to time designate upon the recommendation of
the Chair of the Task Force.
(b) The Task Force and its members shall identify executive branch
policies, practices, and programs that could be used, consistent with
applicable law, to promote my Administration's policy of support for
worker power, worker organizing, and collective bargaining. This
identification shall include policies, practices, and programs that
could be used to promote worker power in areas of the country with
hostile labor laws, for marginalized workers (including women and
persons of color) and hard-to-organize industries, and in changing
industries. The Task Force and its
[[Page 549]]
members also shall identify statutory, regulatory, or other changes that
may be necessary to make policies, practices, and programs more
effective means of supporting worker organizing and collective
bargaining.
(c) The functions of the Task Force are advisory in nature only; the
purpose of the Task Force is to make recommendations regarding changes
to policies, practices, programs, and other changes that would serve the
objectives of this order.
(d) The Task Force should invite the National Labor Relations Board,
the Federal Labor Relations Authority, the National Mediation Board, and
other executive agencies, boards, and commissions with responsibility
for implementing laws concerning worker organizing and collective
bargaining to consult, as appropriate and consistent with applicable
law, with the Task Force.
(e) The Chair may establish such sub-committees or other working
groups composed of Task Force members or their representatives as may be
necessary to accomplish the objectives of this order.
(f) Consistent with the objectives of this order and applicable law,
the Task Force may gather relevant information from labor organizations,
other worker advocates, academic and other experts, and other entities
and persons it identifies that will assist the Task Force in
accomplishing the objectives of this order.
(g) The Task Force shall, within 180 days of the date of this order,
submit to the President recommendations for actions as described in
subsection (b) of this section to promote worker organizing and
collective bargaining in the public and private sectors, and to increase
union density. The Task Force may, at the Chair's discretion, recommend
appropriate or time-sensitive individual actions to promote worker
organizing and collective bargaining before the deadline established by
this section. The Task Force and its members shall work to implement all
recommendations that the President may approve, to the extent permitted
by law, and shall report their progress as directed by the Chair.
Sec. 3. Definitions. For purposes of this order:
(a) ``Policies, practices, and programs'' includes regulations;
guidance and other formal policy documents; procurements; grants and
other direct or indirect Federal investments; tax and trade
administration and enforcement; administration and enforcement of labor,
employment, and other relevant laws; property management; and human
resources management and labor relations.
(b) ``Worker organizing and collective bargaining'' encompasses the
private sector, State and local governments, and the Federal Government.
It also includes those sectors of the economy and those workers who have
not historically been able to unionize, or whose ability to effectively
collectively bargain or organize has been undermined.
(c) the term ``agency'' refers to all agencies described in section
3502(1) of title 44, United States Code, except for the agencies
described in section 3502(5) of title 44.
Sec. 4. Revocations. (a) Executive Order 13845 of July 19, 2018
(Establishing the President's National Council for the American Worker),
and Executive Order 13931 of June 26, 2020 (Continuing the President's
National
[[Page 550]]
Council for the American Worker and the American Workforce Policy
Advisory Board), are revoked.
(b) The Director of the Office of Management and Budget and the
heads of executive departments and agencies shall promptly consider
taking steps to rescind any orders, rules, regulations, guidelines, or
policies, or portions thereof, implementing or enforcing Executive Order
13845 or Executive Order 13931, as appropriate and consistent with
applicable law, including the Administrative Procedure Act (5 U.S.C. 551
et seq.). In addition, they shall abolish any personnel positions,
committees, task forces, or other entities established pursuant to
Executive Order 13845 or Executive Order 13931, as appropriate and
consistent with applicable law.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
April 26, 2021.
Executive Order 14026 of April 27, 2021
Increasing the Minimum Wage for Federal Contractors
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and in order to
promote economy and efficiency in procurement by contracting with
sources that adequately compensate their workers, it is hereby ordered
as follows:
Section 1. Policy. This order promotes economy and efficiency in Federal
procurement by increasing the hourly minimum wage paid by the parties
that contract with the Federal Government to $15.00 for those workers
working on or in connection with a Federal Government contract as
described in section 8 of this order. Raising the minimum wage enhances
worker productivity and generates higher-quality work by boosting
workers' health, morale, and effort; reducing absenteeism and turnover;
and lowering supervisory and training costs. Accordingly, ensuring that
Federal contractors pay their workers an hourly wage of at least $15.00
will bolster economy and efficiency in Federal procurement.
Sec. 2. Increasing the Minimum Wage for Federal Contractors and
Subcontractors. (a) Executive departments and agencies, including
independent
[[Page 551]]
establishments subject to the Federal Property and Administrative
Services Act, 40 U.S.C. 102(4)(A), (5) (agencies), shall, to the extent
permitted by law, ensure that contracts and contract-like instruments
(as defined in regulations issued pursuant to section 4(a) of this order
and as described in section 8(a) of this order) include a clause that
the contractor and any covered subcontractors (as defined in regulations
issued pursuant to section 4(a) of this order) shall incorporate into
lower-tier subcontracts. This clause shall specify that, as a condition
of payment, the minimum wage to be paid to workers employed in the
performance of the contract or any covered subcontract thereunder,
including workers whose wages are calculated pursuant to special
certificates issued under section 14(c) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 214(c)), shall be at least:
(i) $15.00 per hour, beginning January 30, 2022; and
(ii) beginning January 1, 2023, and annually thereafter, an amount
determined by the Secretary of Labor (Secretary). The amount shall be
published by the Secretary at least 90 days before such new minimum wage is
to take effect and shall be:
(A) not less than the amount in effect on the date of such determination;
(B) increased from such amount by the annual percentage increase in the
Consumer Price Index for Urban Wage Earners and Clerical Workers (United
States city average, all items, not seasonally adjusted), or its successor
publication, as determined by the Bureau of Labor Statistics; and
(C) rounded to the nearest multiple of $0.05.
(b) In calculating the annual percentage increase in the Consumer
Price Index for purposes of subsection (a)(ii)(B) of this section, the
Secretary shall compare such Consumer Price Index for the most recent
month, quarter, or year available (as selected by the Secretary prior to
the first year for which a minimum wage is in effect pursuant to
subsection (a)(ii)(B) of this section) with the Consumer Price Index for
the same month in the preceding year, the same quarter in the preceding
year, or the preceding year, respectively.
(c) Nothing in this order shall excuse noncompliance with any
applicable Federal or State prevailing wage law, or any applicable law
or municipal ordinance establishing a minimum wage higher than the
minimum wage established under this order.
Sec. 3. Application to Tipped Workers. (a) For workers covered under
section 2 of this order who are tipped employees pursuant to section
3(t) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(t)), the
cash wage that must be paid by an employer to such workers shall be at
least:
(i) $10.50 per hour, beginning January 30, 2022;
(ii) beginning January 1, 2023, 85 percent of the wage in effect under
section 2 of this order, rounded to the nearest multiple of $0.05; and
(iii) beginning January 1, 2024, and for each subsequent year, 100 percent
of the wage in effect under section 2 of this order.
(b) Where workers do not receive a sufficient additional amount on
account of tips, when combined with the hourly cash wage paid by the
employer, such that their wages are equal to the minimum wage under
section 2 of this order, the cash wage paid by the employer, as set
forth in this
[[Page 552]]
section for those workers, shall be increased such that their wages
equal the minimum wage under section 2 of this order. Consistent with
applicable law, if the wage required to be paid under the Service
Contract Act, 41 U.S.C. 6701 et seq., or any other applicable law or
regulation is higher than the wage required under section 2 of this
order, the employer shall pay additional cash wages sufficient to meet
the highest wage required to be paid.
Sec. 4. Regulations and Implementation. (a) The Secretary shall,
consistent with applicable law, issue regulations by November 24, 2021,
to implement the requirements of this order. Such regulations shall
include both definitions of relevant terms and, as appropriate,
exclusions from the requirements of this order. Within 60 days of the
Secretary issuing such regulations, the Federal Acquisition Regulatory
Council, to the extent permitted by law, shall amend the Federal
Acquisition Regulation to provide for inclusion in Federal procurement
solicitations, contracts, and contract-like instruments subject to this
order the clause described in section 2(a) of this order.
(b) Within 60 days of the Secretary issuing regulations pursuant to
subsection (a) of this section, agencies shall take steps, to the extent
permitted by law, to exercise any applicable authority to ensure that
contracts and contract-like instruments as described in sections
8(a)(i)(C) and (D) of this order, entered into on or after January 30,
2022, consistent with the effective date of such agency action, comply
with the requirements set forth in sections 2 and 3 of this order.
(c) Any regulations issued pursuant to this section should, to the
extent practicable, incorporate existing definitions, principles,
procedures, remedies, and enforcement processes under the Fair Labor
Standards Act of 1938, 29 U.S.C. 201 et seq.; the Service Contract Act,
41 U.S.C. 6701 et seq.; the Davis-Bacon Act, 40 U.S.C. 3141 et seq.;
Executive Order 13658 of February 12, 2014 (Establishing a Minimum Wage
for Contractors); and regulations issued to implement that order.
Sec. 5. Enforcement. (a) The Secretary shall have the authority for
investigating potential violations of and obtaining compliance with this
order.
(b) This order creates no rights under the Contract Disputes Act, 41
U.S.C. 7101 et seq., and disputes regarding whether a contractor has
paid the wages prescribed by this order, as appropriate and consistent
with applicable law, shall be disposed of only as provided by the
Secretary in regulations issued pursuant to this order.
Sec. 6. Revocation of Certain Presidential Actions. Executive Order
13838 of May 25, 2018 (Exemption From Executive Order 13658 for
Recreational Services on Federal Lands), is revoked as of January 30,
2022. Executive Order 13658 of February 12, 2014 (Establishing a Minimum
Wage for Contractors), is superseded, as of January 30, 2022, to the
extent it is inconsistent with this order.
Sec. 7. Severability. If any provision of this order, or the application
of any provision of this order to any person or circumstance, is held to
be invalid, the remainder of this order and its application to any other
person or circumstance shall not be affected thereby.
[[Page 553]]
Sec. 8. Applicability. (a) This order shall apply to any new contract;
new contract-like instrument; new solicitation; extension or renewal of
an existing contract or contract-like instrument; and exercise of an
option on an existing contract or contract-like instrument, if (i):
(A) it is a procurement contract or contract-like instrument for services
or construction;
(B) it is a contract or contract-like instrument for services covered by
the Service Contract Act;
(C) it is a contract or contract-like instrument for concessions,
including any concessions contract excluded by Department of Labor
regulations at 29 CFR 4.133(b); or
(D) it is a contract or contract-like instrument entered into with the
Federal Government in connection with Federal property or lands and related
to offering services for Federal employees, their dependents, or the
general public; and
(ii) the wages of workers under such contract or contract-like instrument
are governed by the Fair Labor Standards Act, the Service Contract Act, or
the Davis-Bacon Act.
(b) For contracts or contract-like instruments covered by the
Service Contract Act or the Davis-Bacon Act, this order shall apply only
to contracts or contract-like instruments at the thresholds specified in
those statutes. Where workers' wages are governed by the Fair Labor
Standards Act of 1938, this order shall apply only to procurement
contracts or contract-like instruments that exceed the micro-purchase
threshold, as defined in 41 U.S.C. 1902(a), unless expressly made
subject to this order pursuant to regulations or actions taken under
section 4 of this order.
(c) This order shall not apply to grants; contracts, contract-like
instruments, or agreements with Indian Tribes under the Indian Self-
Determination and Education Assistance Act (Public Law 93-638), as
amended; or any contracts or contract-like instruments expressly
excluded by the regulations issued pursuant to section 4(a) of this
order.
Sec. 9. Effective Date. (a) This order is effective immediately and
shall apply to new contracts; new contract-like instruments; new
solicitations; extensions or renewals of existing contracts or contract-
like instruments; and exercises of options on existing contracts or
contract-like instruments, as described in section 8(a) in this order,
where the relevant contract or contract-like instrument will be entered
into, the relevant contract or contract-like instrument will be extended
or renewed, or the relevant option will be exercised, on or after:
(i) January 30, 2022, consistent with the effective date for the action
taken by the Federal Acquisition Regulatory Council pursuant to section
4(a) of this order; or
(ii) for contracts where an agency action is taken pursuant to section 4(b)
of this order, January 30, 2022, consistent with the effective date for
such action.
(b) As an exception to subsection (a) of this section, where
agencies have issued a solicitation before the effective date for the
relevant action taken pursuant to section 4 of this order and entered
into a new contract or contract-like instrument resulting from such
solicitation within 60 days of such
[[Page 554]]
effective date, such agencies are strongly encouraged but not required
to ensure that the minimum wages specified in sections 2 and 3 of this
order are paid in the new contract or contract-like instrument. But if
that contract or contract-like instrument is subsequently extended or
renewed, or an option is subsequently exercised under that contract or
contract-like instrument, the minimum wages specified in sections 2 and
3 of this order shall apply to that extension, renewal, or option.
(c) For all existing contracts and contract-like instruments,
solicitations issued between the date of this order and the effective
dates set forth in this section, and contracts and contract-like
instruments entered into between the date of this order and the
effective dates set forth in this section, agencies are strongly
encouraged, to the extent permitted by law, to ensure that the hourly
wages paid under such contracts or contract-like instruments are
consistent with the minimum wages specified in sections 2 and 3 of this
order.
Sec. 10. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
April 27, 2021.
Executive Order 14027 of May 7, 2021
Establishment of the Climate Change Support Office
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 202 of the
Revised Statutes (22 U.S.C. 2656) and section 3161 of title 5, United
States Code, it is hereby ordered as follows:
Section 1. Establishment of the Climate Change Support Office. (a) There
is established within the Department of State, in accordance with
section 3161 of title 5, United States Code, a temporary organization to
be known as the Climate Change Support Office (CCSO).
(b) The CCSO shall be headed by a Director selected by the Secretary
of State (Secretary). In addition to a Director, the CCSO may be staffed
by persons in such numbers and with such skills as are necessary for the
performance of CCSO functions.
[[Page 555]]
(c) The purpose of the CCSO shall be to perform the specific project
of supporting bilateral and multilateral engagement to advance the
United States initiative to address the global climate crisis, led by
the Department of State and in coordination with other executive
departments and agencies, consistent with Executive Order 14008 of
January 27, 2021 (Tackling the Climate Crisis at Home and Abroad). The
CCSO shall support the Department of State, including the Special
Presidential Envoy for Climate, in United States efforts to elevate and
underscore the commitment my Administration will make towards addressing
the global climate crisis.
(d) In carrying out its purpose as set forth in subsection 1(c) of
this order, the CCSO shall:
(i) support the Department of State and other executive departments and
agencies, as appropriate, in leading diplomatic engagement on climate
change, exercising climate leadership in international fora, increasing
international climate ambition, and ensuring that climate change is
integrated into all elements of United States foreign policy-making
decision processes;
(ii) support efforts that go beyond the climate work currently carried out
by the Department of State across a wide range of international fora that
address clean energy, aviation, shipping, the Artic, the ocean, sustainable
development, and migration; and
(iii) perform such other functions related to the specific project set
forth in subsection 1(c) of this order as the Secretary may assign.
(e) The CCSO shall terminate at the end of the maximum period
permitted by section 3161(a)(1) of title 5, United States Code, unless
sooner terminated by the Secretary.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 7, 2021.
[[Page 556]]
Executive Order 14028 of May 12, 2021
Improving the Nation's Cybersecurity
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. The United States faces persistent and increasingly
sophisticated malicious cyber campaigns that threaten the public sector,
the private sector, and ultimately the American people's security and
privacy. The Federal Government must improve its efforts to identify,
deter, protect against, detect, and respond to these actions and actors.
The Federal Government must also carefully examine what occurred during
any major cyber incident and apply lessons learned. But cybersecurity
requires more than government action. Protecting our Nation from
malicious cyber actors requires the Federal Government to partner with
the private sector. The private sector must adapt to the continuously
changing threat environment, ensure its products are built and operate
securely, and partner with the Federal Government to foster a more
secure cyberspace. In the end, the trust we place in our digital
infrastructure should be proportional to how trustworthy and transparent
that infrastructure is, and to the consequences we will incur if that
trust is misplaced.
Incremental improvements will not give us the security we need; instead,
the Federal Government needs to make bold changes and significant
investments in order to defend the vital institutions that underpin the
American way of life. The Federal Government must bring to bear the full
scope of its authorities and resources to protect and secure its
computer systems, whether they are cloud-based, on-premises, or hybrid.
The scope of protection and security must include systems that process
data (information technology (IT)) and those that run the vital
machinery that ensures our safety (operational technology (OT)).
It is the policy of my Administration that the prevention, detection,
assessment, and remediation of cyber incidents is a top priority and
essential to national and economic security. The Federal Government must
lead by example. All Federal Information Systems should meet or exceed
the standards and requirements for cybersecurity set forth in and issued
pursuant to this order.
Sec. 2. Removing Barriers to Sharing Threat Information. (a) The Federal
Government contracts with IT and OT service providers to conduct an
array of day-to-day functions on Federal Information Systems. These
service providers, including cloud service providers, have unique access
to and insight into cyber threat and incident information on Federal
Information Systems. At the same time, current contract terms or
restrictions may limit the sharing of such threat or incident
information with executive departments and agencies (agencies) that are
responsible for investigating or remediating cyber incidents, such as
the Cybersecurity and Infrastructure Security Agency (CISA), the Federal
Bureau of Investigation (FBI), and other elements of the Intelligence
Community (IC). Removing these contractual barriers and increasing the
sharing of information about such threats, incidents, and risks are
necessary steps to accelerating incident deterrence, prevention, and
response efforts and to enabling more effective defense of
[[Page 557]]
agencies' systems and of information collected, processed, and
maintained by or for the Federal Government.
(b) Within 60 days of the date of this order, the Director of the
Office of Management and Budget (OMB), in consultation with the
Secretary of Defense, the Attorney General, the Secretary of Homeland
Security, and the Director of National Intelligence, shall review the
Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition
Regulation Supplement contract requirements and language for contracting
with IT and OT service providers and recommend updates to such
requirements and language to the FAR Council and other appropriate
agencies. The recommendations shall include descriptions of contractors
to be covered by the proposed contract language.
(c) The recommended contract language and requirements described in
subsection (b) of this section shall be designed to ensure that:
(i) service providers collect and preserve data, information, and reporting
relevant to cybersecurity event prevention, detection, response, and
investigation on all information systems over which they have control,
including systems operated on behalf of agencies, consistent with agencies'
requirements;
(ii) service providers share such data, information, and reporting, as they
relate to cyber incidents or potential incidents relevant to any agency
with which they have contracted, directly with such agency and any other
agency that the Director of OMB, in consultation with the Secretary of
Defense, the Attorney General, the Secretary of Homeland Security, and the
Director of National Intelligence, deems appropriate, consistent with
applicable privacy laws, regulations, and policies;
(iii) service providers collaborate with Federal cybersecurity or
investigative agencies in their investigations of and responses to
incidents or potential incidents on Federal Information Systems, including
by implementing technical capabilities, such as monitoring networks for
threats in collaboration with agencies they support, as needed; and
(iv) service providers share cyber threat and incident information with
agencies, doing so, where possible, in industry-recognized formats for
incident response and remediation.
(d) Within 90 days of receipt of the recommendations described in
subsection (b) of this section, the FAR Council shall review the
proposed contract language and conditions and, as appropriate, shall
publish for public comment proposed updates to the FAR.
(e) Within 120 days of the date of this order, the Secretary of
Homeland Security and the Director of OMB shall take appropriate steps
to ensure to the greatest extent possible that service providers share
data with agencies, CISA, and the FBI as may be necessary for the
Federal Government to respond to cyber threats, incidents, and risks.
(f) It is the policy of the Federal Government that:
(i) information and communications technology (ICT) service providers
entering into contracts with agencies must promptly report to such agencies
when they discover a cyber incident involving a software product or service
provided to such agencies or involving a support system for a software
product or service provided to such agencies;
[[Page 558]]
(ii) ICT service providers must also directly report to CISA whenever they
report under subsection (f)(i) of this section to Federal Civilian
Executive Branch (FCEB) Agencies, and CISA must centrally collect and
manage such information; and
(iii) reports pertaining to National Security Systems, as defined in
section 10(h) of this order, must be received and managed by the
appropriate agency as to be determined under subsection (g)(i)(E) of this
section.
(g) To implement the policy set forth in subsection (f) of this
section:
(i) Within 45 days of the date of this order, the Secretary of Homeland
Security, in consultation with the Secretary of Defense acting through the
Director of the National Security Agency (NSA), the Attorney General, and
the Director of OMB, shall recommend to the FAR Council contract language
that identifies:
(A) the nature of cyber incidents that require reporting;
(B) the types of information regarding cyber incidents that require
reporting to facilitate effective cyber incident response and remediation;
(C) appropriate and effective protections for privacy and civil
liberties;
(D) the time periods within which contractors must report cyber incidents
based on a graduated scale of severity, with reporting on the most severe
cyber incidents not to exceed 3 days after initial detection;
(E) National Security Systems reporting requirements; and
(F) the type of contractors and associated service providers to be
covered by the proposed contract language.
(ii) Within 90 days of receipt of the recommendations described in
subsection (g)(i) of this section, the FAR Council shall review the
recommendations and publish for public comment proposed updates to the FAR.
(iii) Within 90 days of the date of this order, the Secretary of Defense
acting through the Director of the NSA, the Attorney General, the Secretary
of Homeland Security, and the Director of National Intelligence shall
jointly develop procedures for ensuring that cyber incident reports are
promptly and appropriately shared among agencies.
(h) Current cybersecurity requirements for unclassified system
contracts are largely implemented through agency-specific policies and
regulations, including cloud-service cybersecurity requirements.
Standardizing common cybersecurity contractual requirements across
agencies will streamline and improve compliance for vendors and the
Federal Government.
(i) Within 60 days of the date of this order, the Secretary of
Homeland Security acting through the Director of CISA, in consultation
with the Secretary of Defense acting through the Director of the NSA,
the Director of OMB, and the Administrator of General Services, shall
review agency-specific cybersecurity requirements that currently exist
as a matter of law, policy, or contract and recommend to the FAR Council
standardized contract language for appropriate cybersecurity
requirements. Such recommendations shall include consideration of the
scope of contractors and associated service providers to be covered by
the proposed contract language.
[[Page 559]]
(j) Within 60 days of receiving the recommended contract language
developed pursuant to subsection (i) of this section, the FAR Council
shall review the recommended contract language and publish for public
comment proposed updates to the FAR.
(k) Following any updates to the FAR made by the FAR Council after
the public comment period described in subsection (j) of this section,
agencies shall update their agency-specific cybersecurity requirements
to remove any requirements that are duplicative of such FAR updates.
(l) The Director of OMB shall incorporate into the annual budget
process a cost analysis of all recommendations developed under this
section.
Sec. 3. Modernizing Federal Government Cybersecurity. (a) To keep pace
with today's dynamic and increasingly sophisticated cyber threat
environment, the Federal Government must take decisive steps to
modernize its approach to cybersecurity, including by increasing the
Federal Government's visibility into threats, while protecting privacy
and civil liberties. The Federal Government must adopt security best
practices; advance toward Zero Trust Architecture; accelerate movement
to secure cloud services, including Software as a Service (SaaS),
Infrastructure as a Service (IaaS), and Platform as a Service (PaaS);
centralize and streamline access to cybersecurity data to drive
analytics for identifying and managing cybersecurity risks; and invest
in both technology and personnel to match these modernization goals.
(b) Within 60 days of the date of this order, the head of each
agency shall:
(i) update existing agency plans to prioritize resources for the adoption
and use of cloud technology as outlined in relevant OMB guidance;
(ii) develop a plan to implement Zero Trust Architecture, which shall
incorporate, as appropriate, the migration steps that the National
Institute of Standards and Technology (NIST) within the Department of
Commerce has outlined in standards and guidance, describe any such steps
that have already been completed, identify activities that will have the
most immediate security impact, and include a schedule to implement them;
and
(iii) provide a report to the Director of OMB and the Assistant to the
President and National Security Advisor (APNSA) discussing the plans
required pursuant to subsection (b)(i) and (ii) of this section.
(c) As agencies continue to use cloud technology, they shall do so
in a coordinated, deliberate way that allows the Federal Government to
prevent, detect, assess, and remediate cyber incidents. To facilitate
this approach, the migration to cloud technology shall adopt Zero Trust
Architecture, as practicable. The CISA shall modernize its current
cybersecurity programs, services, and capabilities to be fully
functional with cloud-computing environments with Zero Trust
Architecture. The Secretary of Homeland Security acting through the
Director of CISA, in consultation with the Administrator of General
Services acting through the Federal Risk and Authorization Management
Program (FedRAMP) within the General Services Administration, shall
develop security principles governing Cloud Service Providers (CSPs) for
incorporation into agency modernization efforts. To facilitate this
work:
[[Page 560]]
(i) Within 90 days of the date of this order, the Director of OMB, in
consultation with the Secretary of Homeland Security acting through the
Director of CISA, and the Administrator of General Services acting through
FedRAMP, shall develop a Federal cloud-security strategy and provide
guidance to agencies accordingly. Such guidance shall seek to ensure that
risks to the FCEB from using cloud-based services are broadly understood
and effectively addressed, and that FCEB Agencies move closer to Zero Trust
Architecture.
(ii) Within 90 days of the date of this order, the Secretary of Homeland
Security acting through the Director of CISA, in consultation with the
Director of OMB and the Administrator of General Services acting through
FedRAMP, shall develop and issue, for the FCEB, cloud-security technical
reference architecture documentation that illustrates recommended
approaches to cloud migration and data protection for agency data
collection and reporting.
(iii) Within 60 days of the date of this order, the Secretary of Homeland
Security acting through the Director of CISA shall develop and issue, for
FCEB Agencies, a cloud-service governance framework. That framework shall
identify a range of services and protections available to agencies based on
incident severity. That framework shall also identify data and processing
activities associated with those services and protections.
(iv) Within 90 days of the date of this order, the heads of FCEB Agencies,
in consultation with the Secretary of Homeland Security acting through the
Director of CISA, shall evaluate the types and sensitivity of their
respective agency's unclassified data, and shall provide to the Secretary
of Homeland Security through the Director of CISA and to the Director of
OMB a report based on such evaluation. The evaluation shall prioritize
identification of the unclassified data considered by the agency to be the
most sensitive and under the greatest threat, and appropriate processing
and storage solutions for those data.
(d) Within 180 days of the date of this order, agencies shall adopt
multi-factor authentication and encryption for data at rest and in
transit, to the maximum extent consistent with Federal records laws and
other applicable laws. To that end:
(i) Heads of FCEB Agencies shall provide reports to the Secretary of
Homeland Security through the Director of CISA, the Director of OMB, and
the APNSA on their respective agency's progress in adopting multifactor
authentication and encryption of data at rest and in transit. Such agencies
shall provide such reports every 60 days after the date of this order until
the agency has fully adopted, agency-wide, multi-factor authentication and
data encryption.
(ii) Based on identified gaps in agency implementation, CISA shall take all
appropriate steps to maximize adoption by FCEB Agencies of technologies and
processes to implement multifactor authentication and encryption for data
at rest and in transit.
(iii) Heads of FCEB Agencies that are unable to fully adopt multi-factor
authentication and data encryption within 180 days of the date of this
order shall, at the end of the 180-day period, provide a written rationale
to the Secretary of Homeland Security through the Director of CISA, the
Director of OMB, and the APNSA.
[[Page 561]]
(e) Within 90 days of the date of this order, the Secretary of
Homeland Security acting through the Director of CISA, in consultation
with the Attorney General, the Director of the FBI, and the
Administrator of General Services acting through the Director of
FedRAMP, shall establish a framework to collaborate on cybersecurity and
incident response activities related to FCEB cloud technology, in order
to ensure effective information sharing among agencies and between
agencies and CSPs.
(f) Within 60 days of the date of this order, the Administrator of
General Services, in consultation with the Director of OMB and the heads
of other agencies as the Administrator of General Services deems
appropriate, shall begin modernizing FedRAMP by:
(i) establishing a training program to ensure agencies are effectively
trained and equipped to manage FedRAMP requests, and providing access to
training materials, including videos-on-demand;
(ii) improving communication with CSPs through automation and
standardization of messages at each stage of authorization. These
communications may include status updates, requirements to complete a
vendor's current stage, next steps, and points of contact for questions;
(iii) incorporating automation throughout the lifecycle of FedRAMP,
including assessment, authorization, continuous monitoring, and compliance;
(iv) digitizing and streamlining documentation that vendors are required to
complete, including through online accessibility and pre-populated forms;
and
(v) identifying relevant compliance frameworks, mapping those frameworks
onto requirements in the FedRAMP authorization process, and allowing those
frameworks to be used as a substitute for the relevant portion of the
authorization process, as appropriate.
Sec. 4. Enhancing Software Supply Chain Security. (a) The security of
software used by the Federal Government is vital to the Federal
Government's ability to perform its critical functions. The development
of commercial software often lacks transparency, sufficient focus on the
ability of the software to resist attack, and adequate controls to
prevent tampering by malicious actors. There is a pressing need to
implement more rigorous and predictable mechanisms for ensuring that
products function securely, and as intended. The security and integrity
of ``critical software''--software that performs functions critical to
trust (such as affording or requiring elevated system privileges or
direct access to networking and computing resources)--is a particular
concern. Accordingly, the Federal Government must take action to rapidly
improve the security and integrity of the software supply chain, with a
priority on addressing critical software.
(b) Within 30 days of the date of this order, the Secretary of
Commerce acting through the Director of NIST shall solicit input from
the Federal Government, private sector, academia, and other appropriate
actors to identify existing or develop new standards, tools, and best
practices for complying with the standards, procedures, or criteria in
subsection (e) of this section. The guidelines shall include criteria
that can be used to evaluate software security, include criteria to
evaluate the security practices of the developers and suppliers
themselves, and identify innovative tools or methods to demonstrate
conformance with secure practices.
[[Page 562]]
(c) Within 180 days of the date of this order, the Director of NIST
shall publish preliminary guidelines, based on the consultations
described in subsection (b) of this section and drawing on existing
documents as practicable, for enhancing software supply chain security
and meeting the requirements of this section.
(d) Within 360 days of the date of this order, the Director of NIST
shall publish additional guidelines that include procedures for periodic
review and updating of the guidelines described in subsection (c) of
this section.
(e) Within 90 days of publication of the preliminary guidelines
pursuant to subsection (c) of this section, the Secretary of Commerce
acting through the Director of NIST, in consultation with the heads of
such agencies as the Director of NIST deems appropriate, shall issue
guidance identifying practices that enhance the security of the software
supply chain. Such guidance may incorporate the guidelines published
pursuant to subsections (c) and (i) of this section. Such guidance shall
include standards, procedures, or criteria regarding:
(i) secure software development environments, including such actions as:
(A) using administratively separate build environments;
(B) auditing trust relationships;
(C) establishing multi-factor, risk-based authentication and conditional
access across the enterprise;
(D) documenting and minimizing dependencies on enterprise products that
are part of the environments used to develop, build, and edit software;
(E) employing encryption for data; and
(F) monitoring operations and alerts and responding to attempted and
actual cyber incidents;
(ii) generating and, when requested by a purchaser, providing artifacts
that demonstrate conformance to the processes set forth in subsection
(e)(i) of this section;
(iii) employing automated tools, or comparable processes, to maintain
trusted source code supply chains, thereby ensuring the integrity of the
code;
(iv) employing automated tools, or comparable processes, that check for
known and potential vulnerabilities and remediate them, which shall operate
regularly, or at a minimum prior to product, version, or update release;
(v) providing, when requested by a purchaser, artifacts of the execution of
the tools and processes described in subsection (e)(iii) and (iv) of this
section, and making publicly available summary information on completion of
these actions, to include a summary description of the risks assessed and
mitigated;
(vi) maintaining accurate and up-to-date data, provenance (i.e., origin) of
software code or components, and controls on internal and third-party
software components, tools, and services present in software development
processes, and performing audits and enforcement of these controls on a
recurring basis;
[[Page 563]]
(vii) providing a purchaser a Software Bill of Materials (SBOM) for each
product directly or by publishing it on a public website;
(viii) participating in a vulnerability disclosure program that includes a
reporting and disclosure process;
(ix) attesting to conformity with secure software development practices;
and
(x) ensuring and attesting, to the extent practicable, to the integrity and
provenance of open source software used within any portion of a product.
(f) Within 60 days of the date of this order, the Secretary of
Commerce, in coordination with the Assistant Secretary for
Communications and Information and the Administrator of the National
Telecommunications and Information Administration, shall publish minimum
elements for an SBOM.
(g) Within 45 days of the date of this order, the Secretary of
Commerce, acting through the Director of NIST, in consultation with the
Secretary of Defense acting through the Director of the NSA, the
Secretary of Homeland Security acting through the Director of CISA, the
Director of OMB, and the Director of National Intelligence, shall
publish a definition of the term ``critical software'' for inclusion in
the guidance issued pursuant to subsection (e) of this section. That
definition shall reflect the level of privilege or access required to
function, integration and dependencies with other software, direct
access to networking and computing resources, performance of a function
critical to trust, and potential for harm if compromised.
(h) Within 30 days of the publication of the definition required by
subsection (g) of this section, the Secretary of Homeland Security
acting through the Director of CISA, in consultation with the Secretary
of Commerce acting through the Director of NIST, shall identify and make
available to agencies a list of categories of software and software
products in use or in the acquisition process meeting the definition of
critical software issued pursuant to subsection (g) of this section.
(i) Within 60 days of the date of this order, the Secretary of
Commerce acting through the Director of NIST, in consultation with the
Secretary of Homeland Security acting through the Director of CISA and
with the Director of OMB, shall publish guidance outlining security
measures for critical software as defined in subsection (g) of this
section, including applying practices of least privilege, network
segmentation, and proper configuration.
(j) Within 30 days of the issuance of the guidance described in
subsection (i) of this section, the Director of OMB acting through the
Administrator of the Office of Electronic Government within OMB shall
take appropriate steps to require that agencies comply with such
guidance.
(k) Within 30 days of issuance of the guidance described in
subsection (e) of this section, the Director of OMB acting through the
Administrator of the Office of Electronic Government within OMB shall
take appropriate steps to require that agencies comply with such
guidelines with respect to software procured after the date of this
order.
(l) Agencies may request an extension for complying with any
requirements issued pursuant to subsection (k) of this section. Any such
request shall be considered by the Director of OMB on a case-by-case
basis, and
[[Page 564]]
only if accompanied by a plan for meeting the underlying requirements.
The Director of OMB shall on a quarterly basis provide a report to the
APNSA identifying and explaining all extensions granted.
(m) Agencies may request a waiver as to any requirements issued
pursuant to subsection (k) of this section. Waivers shall be considered
by the Director of OMB, in consultation with the APNSA, on a case-by-
case basis, and shall be granted only in exceptional circumstances and
for limited duration, and only if there is an accompanying plan for
mitigating any potential risks.
(n) Within 1 year of the date of this order, the Secretary of
Homeland Security, in consultation with the Secretary of Defense, the
Attorney General, the Director of OMB, and the Administrator of the
Office of Electronic Government within OMB, shall recommend to the FAR
Council contract language requiring suppliers of software available for
purchase by agencies to comply with, and attest to complying with, any
requirements issued pursuant to subsections (g) through (k) of this
section.
(o) After receiving the recommendations described in subsection (n)
of this section, the FAR Council shall review the recommendations and,
as appropriate and consistent with applicable law, amend the FAR.
(p) Following the issuance of any final rule amending the FAR as
described in subsection (o) of this section, agencies shall, as
appropriate and consistent with applicable law, remove software products
that do not meet the requirements of the amended FAR from all indefinite
delivery indefinite quantity contracts; Federal Supply Schedules;
Federal Government-wide Acquisition Contracts; Blanket Purchase
Agreements; and Multiple Award Contracts.
(q) The Director of OMB, acting through the Administrator of the
Office of Electronic Government within OMB, shall require agencies
employing software developed and procured prior to the date of this
order (legacy software) either to comply with any requirements issued
pursuant to subsection (k) of this section or to provide a plan
outlining actions to remediate or meet those requirements, and shall
further require agencies seeking renewals of software contracts,
including legacy software, to comply with any requirements issued
pursuant to subsection (k) of this section, unless an extension or
waiver is granted in accordance with subsection (l) or (m) of this
section.
(r) Within 60 days of the date of this order, the Secretary of
Commerce acting through the Director of NIST, in consultation with the
Secretary of Defense acting through the Director of the NSA, shall
publish guidelines recommending minimum standards for vendors' testing
of their software source code, including identifying recommended types
of manual or automated testing (such as code review tools, static and
dynamic analysis, software composition tools, and penetration testing).
(s) The Secretary of Commerce acting through the Director of NIST,
in coordination with representatives of other agencies as the Director
of NIST deems appropriate, shall initiate pilot programs informed by
existing consumer product labeling programs to educate the public on the
security capabilities of internet-of-Things (IoT) devices and software
development practices, and shall consider ways to incentivize
manufacturers and developers to participate in these programs.
[[Page 565]]
(t) Within 270 days of the date of this order, the Secretary of
Commerce acting through the Director of NIST, in coordination with the
Chair of the Federal Trade Commission (FTC) and representatives of other
agencies as the Director of NIST deems appropriate, shall identify IoT
cybersecurity criteria for a consumer labeling program, and shall
consider whether such a consumer labeling program may be operated in
conjunction with or modeled after any similar existing government
programs consistent with applicable law. The criteria shall reflect
increasingly comprehensive levels of testing and assessment that a
product may have undergone, and shall use or be compatible with existing
labeling schemes that manufacturers use to inform consumers about the
security of their products. The Director of NIST shall examine all
relevant information, labeling, and incentive programs and employ best
practices. This review shall focus on ease of use for consumers and a
determination of what measures can be taken to maximize manufacturer
participation.
(u) Within 270 days of the date of this order, the Secretary of
Commerce acting through the Director of NIST, in coordination with the
Chair of the FTC and representatives from other agencies as the Director
of NIST deems appropriate, shall identify secure software development
practices or criteria for a consumer software labeling program, and
shall consider whether such a consumer software labeling program may be
operated in conjunction with or modeled after any similar existing
government programs, consistent with applicable law. The criteria shall
reflect a baseline level of secure practices, and if practicable, shall
reflect increasingly comprehensive levels of testing and assessment that
a product may have undergone. The Director of NIST shall examine all
relevant information, labeling, and incentive programs, employ best
practices, and identify, modify, or develop a recommended label or, if
practicable, a tiered software security rating system. This review shall
focus on ease of use for consumers and a determination of what measures
can be taken to maximize participation.
(v) These pilot programs shall be conducted in a manner consistent
with OMB Circular A-119 and NIST Special Publication 2000-02 (Conformity
Assessment Considerations for Federal Agencies).
(w) Within 1 year of the date of this order, the Director of NIST
shall conduct a review of the pilot programs, consult with the private
sector and relevant agencies to assess the effectiveness of the
programs, determine what improvements can be made going forward, and
submit a summary report to the APNSA.
(x) Within 1 year of the date of this order, the Secretary of
Commerce, in consultation with the heads of other agencies as the
Secretary of Commerce deems appropriate, shall provide to the President,
through the APNSA, a report that reviews the progress made under this
section and outlines additional steps needed to secure the software
supply chain.
Sec. 5. Establishing a Cyber Safety Review Board. (a) The Secretary of
Homeland Security, in consultation with the Attorney General, shall
establish the Cyber Safety Review Board (Board), pursuant to section 871
of the Homeland Security Act of 2002 (6 U.S.C. 451).
(b) The Board shall review and assess, with respect to significant
cyber incidents (as defined under Presidential Policy Directive 41 of
July 26, 2016 (United States Cyber Incident Coordination) (PPD-41))
affecting FCEB
[[Page 566]]
Information Systems or non-Federal systems, threat activity,
vulnerabilities, mitigation activities, and agency responses.
(c) The Secretary of Homeland Security shall convene the Board
following a significant cyber incident triggering the establishment of a
Cyber Unified Coordination Group (UCG) as provided by section V(B)(2) of
PPD-41; at any time as directed by the President acting through the
APNSA; or at any time the Secretary of Homeland Security deems
necessary.
(d) The Board's initial review shall relate to the cyber activities
that prompted the establishment of a UCG in December 2020, and the Board
shall, within 90 days of the Board's establishment, provide
recommendations to the Secretary of Homeland Security for improving
cybersecurity and incident response practices, as outlined in subsection
(i) of this section.
(e) The Board's membership shall include Federal officials and
representatives from private-sector entities. The Board shall comprise
representatives of the Department of Defense, the Department of Justice,
CISA, the NSA, and the FBI, as well as representatives from appropriate
private-sector cybersecurity or software suppliers as determined by the
Secretary of Homeland Security. A representative from OMB shall
participate in Board activities when an incident under review involves
FCEB Information Systems, as determined by the Secretary of Homeland
Security. The Secretary of Homeland Security may invite the
participation of others on a case-by-case basis depending on the nature
of the incident under review.
(f) The Secretary of Homeland Security shall biennially designate a
Chair and Deputy Chair of the Board from among the members of the Board,
to include one Federal and one private-sector member.
(g) The Board shall protect sensitive law enforcement, operational,
business, and other confidential information that has been shared with
it, consistent with applicable law.
(h) The Secretary of Homeland Security shall provide to the
President through the APNSA any advice, information, or recommendations
of the Board for improving cybersecurity and incident response practices
and policy upon completion of its review of an applicable incident.
(i) Within 30 days of completion of the initial review described in
subsection (d) of this section, the Secretary of Homeland Security shall
provide to the President through the APNSA the recommendations of the
Board based on the initial review. These recommendations shall describe:
(i) identified gaps in, and options for, the Board's composition or
authorities;
(ii) the Board's proposed mission, scope, and responsibilities;
(iii) membership eligibility criteria for private-sector representatives;
(iv) Board governance structure including interaction with the executive
branch and the Executive Office of the President;
(v) thresholds and criteria for the types of cyber incidents to be
evaluated;
(vi) sources of information that should be made available to the Board,
consistent with applicable law and policy;
[[Page 567]]
(vii) an approach for protecting the information provided to the Board and
securing the cooperation of affected United States individuals and entities
for the purpose of the Board's review of incidents; and
(viii) administrative and budgetary considerations required for operation
of the Board.
(j) The Secretary of Homeland Security, in consultation with the
Attorney General and the APNSA, shall review the recommendations
provided to the President through the APNSA pursuant to subsection (i)
of this section and take steps to implement them as appropriate.
(k) Unless otherwise directed by the President, the Secretary of
Homeland Security shall extend the life of the Board every 2 years as
the Secretary of Homeland Security deems appropriate, pursuant to
section 871 of the Homeland Security Act of 2002.
Sec. 6. Standardizing the Federal Government's Playbook for Responding
to Cybersecurity Vulnerabilities and Incidents. (a) The cybersecurity
vulnerability and incident response procedures currently used to
identify, remediate, and recover from vulnerabilities and incidents
affecting their systems vary across agencies, hindering the ability of
lead agencies to analyze vulnerabilities and incidents more
comprehensively across agencies. Standardized response processes ensure
a more coordinated and centralized cataloging of incidents and tracking
of agencies' progress toward successful responses.
(b) Within 120 days of the date of this order, the Secretary of
Homeland Security acting through the Director of CISA, in consultation
with the Director of OMB, the Federal Chief Information Officers
Council, and the Federal Chief Information Security Council, and in
coordination with the Secretary of Defense acting through the Director
of the NSA, the Attorney General, and the Director of National
Intelligence, shall develop a standard set of operational procedures
(playbook) to be used in planning and conducting a cybersecurity
vulnerability and incident response activity respecting FCEB Information
Systems. The playbook shall:
(i) incorporate all appropriate NIST standards;
(ii) be used by FCEB Agencies; and
(iii) articulate progress and completion through all phases of an incident
response, while allowing flexibility so it may be used in support of
various response activities.
(c) The Director of OMB shall issue guidance on agency use of the
playbook.
(d) Agencies with cybersecurity vulnerability or incident response
procedures that deviate from the playbook may use such procedures only
after consulting with the Director of OMB and the APNSA and
demonstrating that these procedures meet or exceed the standards
proposed in the playbook.
(e) The Director of CISA, in consultation with the Director of the
NSA, shall review and update the playbook annually, and provide
information to the Director of OMB for incorporation in guidance
updates.
(f) To ensure comprehensiveness of incident response activities and
build confidence that unauthorized cyber actors no longer have access to
FCEB Information Systems, the playbook shall establish, consistent with
[[Page 568]]
applicable law, a requirement that the Director of CISA review and
validate FCEB Agencies' incident response and remediation results upon
an agency's completion of its incident response. The Director of CISA
may recommend use of another agency or a third-party incident response
team as appropriate.
(g) To ensure a common understanding of cyber incidents and the
cybersecurity status of an agency, the playbook shall define key terms
and use such terms consistently with any statutory definitions of those
terms, to the extent practicable, thereby providing a shared lexicon
among agencies using the playbook.
Sec. 7. Improving Detection of Cybersecurity Vulnerabilities and
Incidents on Federal Government Networks. (a) The Federal Government
shall employ all appropriate resources and authorities to maximize the
early detection of cybersecurity vulnerabilities and incidents on its
networks. This approach shall include increasing the Federal
Government's visibility into and detection of cybersecurity
vulnerabilities and threats to agency networks in order to bolster the
Federal Government's cybersecurity efforts.
(b) FCEB Agencies shall deploy an Endpoint Detection and Response
(EDR) initiative to support proactive detection of cybersecurity
incidents within Federal Government infrastructure, active cyber
hunting, containment and remediation, and incident response.
(c) Within 30 days of the date of this order, the Secretary of
Homeland Security acting through the Director of CISA shall provide to
the Director of OMB recommendations on options for implementing an EDR
initiative, centrally located to support host-level visibility,
attribution, and response regarding FCEB Information Systems.
(d) Within 90 days of receiving the recommendations described in
subsection (c) of this section, the Director of OMB, in consultation
with Secretary of Homeland Security, shall issue requirements for FCEB
Agencies to adopt Federal Government-wide EDR approaches. Those
requirements shall support a capability of the Secretary of Homeland
Secretary, acting through the Director of CISA, to engage in cyber hunt,
detection, and response activities.
(e) The Director of OMB shall work with the Secretary of Homeland
Security and agency heads to ensure that agencies have adequate
resources to comply with the requirements issued pursuant to subsection
(d) of this section.
(f) Defending FCEB Information Systems requires that the Secretary
of Homeland Security acting through the Director of CISA have access to
agency data that are relevant to a threat and vulnerability analysis, as
well as for assessment and threat-hunting purposes. Within 75 days of
the date of this order, agencies shall establish or update Memoranda of
Agreement (MOA) with CISA for the Continuous Diagnostics and Mitigation
Program to ensure object level data, as defined in the MOA, are
available and accessible to CISA, consistent with applicable law.
(g) Within 45 days of the date of this order, the Director of the
NSA as the National Manager for National Security Systems (National
Manager) shall recommend to the Secretary of Defense, the Director of
National Intelligence, and the Committee on National Security Systems
(CNSS) appropriate actions for improving detection of cyber incidents
affecting National
[[Page 569]]
Security Systems, to the extent permitted by applicable law, including
recommendations concerning EDR approaches and whether such measures
should be operated by agencies or through a centralized service of
common concern provided by the National Manager.
(h) Within 90 days of the date of this order, the Secretary of
Defense, the Director of National Intelligence, and the CNSS shall
review the recommendations submitted under subsection (g) of this
section and, as appropriate, establish policies that effectuate those
recommendations, consistent with applicable law.
(i) Within 90 days of the date of this order, the Director of CISA
shall provide to the Director of OMB and the APNSA a report describing
how authorities granted under section 1705 of Public Law 116-283, to
conduct threat-hunting activities on FCEB networks without prior
authorization from agencies, are being implemented. This report shall
also recommend procedures to ensure that mission-critical systems are
not disrupted, procedures for notifying system owners of vulnerable
government systems, and the range of techniques that can be used during
testing of FCEB Information Systems. The Director of CISA shall provide
quarterly reports to the APNSA and the Director of OMB regarding actions
taken under section 1705 of Public Law 116-283.
(j) To ensure alignment between Department of Defense Information
Network (DODIN) directives and FCEB Information Systems directives, the
Secretary of Defense and the Secretary of Homeland Security, in
consultation with the Director of OMB, shall:
(i) within 60 days of the date of this order, establish procedures for the
Department of Defense and the Department of Homeland Security to
immediately share with each other Department of Defense Incident Response
Orders or Department of Homeland Security Emergency Directives and Binding
Operational Directives applying to their respective information networks;
(ii) evaluate whether to adopt any guidance contained in an Order or
Directive issued by the other Department, consistent with regulations
concerning sharing of classified information; and
(iii) within 7 days of receiving notice of an Order or Directive issued
pursuant to the procedures established under subsection (j)(i) of this
section, notify the APNSA and Administrator of the Office of Electronic
Government within OMB of the evaluation described in subsection (j)(ii) of
this section, including a determination whether to adopt guidance issued by
the other Department, the rationale for that determination, and a timeline
for application of the directive, if applicable.
Sec. 8. Improving the Federal Government's Investigative and Remediation
Capabilities. (a) Information from network and system logs on Federal
Information Systems (for both on-premises systems and connections hosted
by third parties, such as CSPs) is invaluable for both investigation and
remediation purposes. It is essential that agencies and their IT service
providers collect and maintain such data and, when necessary to address
a cyber incident on FCEB Information Systems, provide them upon request
to the Secretary of Homeland Security through the Director of CISA and
to the FBI, consistent with applicable law.
[[Page 570]]
(b) Within 14 days of the date of this order, the Secretary of
Homeland Security, in consultation with the Attorney General and the
Administrator of the Office of Electronic Government within OMB, shall
provide to the Director of OMB recommendations on requirements for
logging events and retaining other relevant data within an agency's
systems and networks. Such recommendations shall include the types of
logs to be maintained, the time periods to retain the logs and other
relevant data, the time periods for agencies to enable recommended
logging and security requirements, and how to protect logs. Logs shall
be protected by cryptographic methods to ensure integrity once collected
and periodically verified against the hashes throughout their retention.
Data shall be retained in a manner consistent with all applicable
privacy laws and regulations. Such recommendations shall also be
considered by the FAR Council when promulgating rules pursuant to
section 2 of this order.
(c) Within 90 days of receiving the recommendations described in
subsection (b) of this section, the Director of OMB, in consultation
with the Secretary of Commerce and the Secretary of Homeland Security,
shall formulate policies for agencies to establish requirements for
logging, log retention, and log management, which shall ensure
centralized access and visibility for the highest level security
operations center of each agency.
(d) The Director of OMB shall work with agency heads to ensure that
agencies have adequate resources to comply with the requirements
identified in subsection (c) of this section.
(e) To address cyber risks or incidents, including potential cyber
risks or incidents, the proposed recommendations issued pursuant to
subsection (b) of this section shall include requirements to ensure
that, upon request, agencies provide logs to the Secretary of Homeland
Security through the Director of CISA and to the FBI, consistent with
applicable law. These requirements should be designed to permit agencies
to share log information, as needed and appropriate, with other Federal
agencies for cyber risks or incidents.
Sec. 9. National Security Systems. (a) Within 60 days of the date of
this order, the Secretary of Defense acting through the National
Manager, in coordination with the Director of National Intelligence and
the CNSS, and in consultation with the APNSA, shall adopt National
Security Systems requirements that are equivalent to or exceed the
cybersecurity requirements set forth in this order that are otherwise
not applicable to National Security Systems. Such requirements may
provide for exceptions in circumstances necessitated by unique mission
needs. Such requirements shall be codified in a National Security
Memorandum (NSM). Until such time as that NSM is issued, programs,
standards, or requirements established pursuant to this order shall not
apply with respect to National Security Systems.
(b) Nothing in this order shall alter the authority of the National
Manager with respect to National Security Systems as defined in National
Security Directive 42 of July 5, 1990 (National Policy for the Security
of National Security Telecommunications and Information Systems) (NSD-
42). The FCEB network shall continue to be within the authority of the
Secretary of Homeland Security acting through the Director of CISA.
Sec. 10. Definitions. For purposes of this order:
(a) the term ``agency'' has the meaning ascribed to it under 44
U.S.C. 3502.
[[Page 571]]
(b) the term ``auditing trust relationship'' means an agreed-upon
relationship between two or more system elements that is governed by
criteria for secure interaction, behavior, and outcomes relative to the
protection of assets.
(c) the term ``cyber incident'' has the meaning ascribed to an
``incident'' under 44 U.S.C. 3552(b)(2).
(d) the term ``Federal Civilian Executive Branch Agencies'' or
``FCEB Agencies'' includes all agencies except for the Department of
Defense and agencies in the Intelligence Community.
(e) the term ``Federal Civilian Executive Branch Information
Systems'' or ``FCEB Information Systems'' means those information
systems operated by Federal Civilian Executive Branch Agencies, but
excludes National Security Systems.
(f) the term ``Federal Information Systems'' means an information
system used or operated by an agency or by a contractor of an agency or
by another organization on behalf of an agency, including FCEB
Information Systems and National Security Systems.
(g) the term ``Intelligence Community'' or ``IC'' has the meaning
ascribed to it under 50 U.S.C. 3003(4).
(h) the term ``National Security Systems'' means information systems
as defined in 44 U.S.C. 3552(b)(6), 3553(e)(2), and 3553(e)(3).
(i) the term ``logs'' means records of the events occurring within
an organization's systems and networks. Logs are composed of log
entries, and each entry contains information related to a specific event
that has occurred within a system or network.
(j) the term ``Software Bill of Materials'' or ``SBOM'' means a
formal record containing the details and supply chain relationships of
various components used in building software. Software developers and
vendors often create products by assembling existing open source and
commercial software components. The SBOM enumerates these components in
a product. It is analogous to a list of ingredients on food packaging.
An SBOM is useful to those who develop or manufacture software, those
who select or purchase software, and those who operate software.
Developers often use available open source and third-party software
components to create a product; an SBOM allows the builder to make sure
those components are up to date and to respond quickly to new
vulnerabilities. Buyers can use an SBOM to perform vulnerability or
license analysis, both of which can be used to evaluate risk in a
product. Those who operate software can use SBOMs to quickly and easily
determine whether they are at potential risk of a newly discovered
vulnerability. A widely used, machine-readable SBOM format allows for
greater benefits through automation and tool integration. The SBOMs gain
greater value when collectively stored in a repository that can be
easily queried by other applications and systems. Understanding the
supply chain of software, obtaining an SBOM, and using it to analyze
known vulnerabilities are crucial in managing risk.
(k) the term ``Zero Trust Architecture'' means a security model, a
set of system design principles, and a coordinated cybersecurity and
system management strategy based on an acknowledgement that threats
exist both inside and outside traditional network boundaries. The Zero
Trust security
[[Page 572]]
model eliminates implicit trust in any one element, node, or service and
instead requires continuous verification of the operational picture via
real-time information from multiple sources to determine access and
other system responses. In essence, a Zero Trust Architecture allows
users full access but only to the bare minimum they need to perform
their jobs. If a device is compromised, zero trust can ensure that the
damage is contained. The Zero Trust Architecture security model assumes
that a breach is inevitable or has likely already occurred, so it
constantly limits access to only what is needed and looks for anomalous
or malicious activity. Zero Trust Architecture embeds comprehensive
security monitoring; granular risk-based access controls; and system
security automation in a coordinated manner throughout all aspects of
the infrastructure in order to focus on protecting data in real-time
within a dynamic threat environment. This data-centric security model
allows the concept of least-privileged access to be applied for every
access decision, where the answers to the questions of who, what, when,
where, and how are critical for appropriately allowing or denying access
to resources based on the combination of sever.
Sec. 11. General Provisions. (a) Upon the appointment of the National
Cyber Director (NCD) and the establishment of the related Office within
the Executive Office of the President, pursuant to section 1752 of
Public Law 116-283, portions of this order may be modified to enable the
NCD to fully execute its duties and responsibilities.
(b) Nothing in this order shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented in a manner consistent with
applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
(e) Nothing in this order confers authority to interfere with or to
direct a criminal or national security investigation, arrest, search,
seizure, or disruption operation or to alter a legal restriction that
requires an agency to protect information learned in the course of a
criminal or national security investigation.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 12, 2021.
[[Page 573]]
Executive Order 14029 of May 14, 2021
Revocation of Certain Presidential Actions and Technical Amendment
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 3301 and 3302
of title 5, United States Code, it is hereby ordered as follows:
Section 1. Revocation of Presidential Actions. The following
Presidential actions are revoked: Executive Order 13925 of May 28, 2020
(Preventing Online Censorship), Executive Order 13933 of June 26, 2020
(Protecting American Monuments, Memorials, and Statues and Combating
Recent Criminal Violence), Executive Order 13934 of July 3, 2020
(Building and Rebuilding Monuments to American Heroes), Executive Order
13964 of December 10, 2020 (Rebranding United States Foreign Assistance
To Advance American Influence), Executive Order 13978 of January 18,
2021 (Building the National Garden of American Heroes), and Executive
Order 13980 of January 18, 2021 (Protecting Americans From
Overcriminalization Through Regulatory Reform).
Sec. 2. Implementation. The Director of the Office of Management and
Budget and the heads of executive departments and agencies shall
promptly consider taking steps to rescind any orders, rules,
regulations, guidelines, or policies, or portions thereof, implementing
or enforcing the Presidential actions identified in section 1 of this
order, as appropriate and consistent with applicable law, including the
Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any
personnel positions, committees, task forces, or other entities
established pursuant to the Presidential actions identified in section 1
of this order shall be abolished, as appropriate and consistent with
applicable law.
Sec. 3. Technical Amendment. To enhance the efficiency of the civil
service and to promote good administration and systematic application of
merit system principles, Executive Order 14003 of January 22, 2021
(Protecting the Federal Workforce), revoked Executive Order 13957 of
October 21, 2020 (Creating Schedule F in the Excepted Service), thereby
eliminating Schedule F in the excepted service. In order to update the
civil service rules to reflect the action taken in Executive Order
14003, Civil Service Rule VI is amended as follows:
(a) 5 CFR 6.2 is amended to read:
OPM shall list positions that it excepts from the competitive
service in Schedules A, B, C, and D, and it shall list the position of
administrative law judge in Schedule E, which schedules shall constitute
parts of this rule, as follows:
Schedule A. Positions other than those of a confidential or policy-
determining character for which it is not practicable to examine shall be
listed in Schedule A.
Schedule B. Positions other than those of a confidential or policy-
determining character for which it is not practicable to hold a competitive
examination shall be listed in Schedule B. Appointments to these positions
shall be subject to such noncompetitive examination as may be prescribed by
OPM.
[[Page 574]]
Schedule C. Positions of a confidential or policy-determining character
shall be listed in Schedule C.
Schedule D. Positions other than those of a confidential or policy-
determining character for which the competitive service requirements make
impracticable the adequate recruitment of sufficient numbers of students
attending qualifying educational institutions or individuals who have
recently completed qualifying educational programs shall be listed in
Schedule D. These positions are temporarily placed in the excepted service
to enable more effective recruitment from all segments of society by using
means of recruiting and assessing candidates that diverge from the rules
generally applicable to the competitive service.
Schedule E. Positions of administrative law judge appointed under 5 U.S.C.
3105 shall be listed in Schedule E. Conditions of good administration
warrant placing the position of administrative law judge in the excepted
service and exempting appointment to this position from the requirements of
5 CFR, part 302, including examination and rating requirements, though each
agency shall follow the principle of veteran preference as far as
administratively feasible.
(b) 5 CFR 6.4 is amended to read:
``Except as required by statute, the Civil Service Rules and
Regulations shall not apply to removals from positions listed in
Schedules A, C, D, or E, or from positions excepted from the competitive
service by statute. The Civil Service Rules and Regulations shall apply
to removals from positions listed in Schedule B of persons who have
competitive status.''
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 14, 2021.
Executive Order 14030 of May 20, 2021
Climate-Related Financial Risk
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:
[[Page 575]]
Section 1. Policy. The intensifying impacts of climate change present
physical risk to assets, publicly traded securities, private
investments, and companies--such as increased extreme weather risk
leading to supply chain disruptions. In addition, the global shift away
from carbon-intensive energy sources and industrial processes presents
transition risk to many companies, communities, and workers. At the same
time, this global shift presents generational opportunities to enhance
U.S. competitiveness and economic growth, while also creating well-
paying job opportunities for workers. The failure of financial
institutions to appropriately and adequately account for and measure
these physical and transition risks threatens the competitiveness of
U.S. companies and markets, the life savings and pensions of U.S.
workers and families, and the ability of U.S. financial institutions to
serve communities. In this effort, the Federal Government should lead by
example by appropriately prioritizing Federal investments and conducting
prudent fiscal management.
It is therefore the policy of my Administration to advance consistent,
clear, intelligible, comparable, and accurate disclosure of climate-
related financial risk (consistent with Executive Order 13707 of
September 15, 2015 (Using Behavioral Science Insights to Better Serve
the American People)), including both physical and transition risks; act
to mitigate that risk and its drivers, while accounting for and
addressing disparate impacts on disadvantaged communities and
communities of color (consistent with Executive Order 13985 of January
20, 2021 (Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government)) and spurring the creation
of well-paying jobs; and achieve our target of a net-zero emissions
economy by no later than 2050. This policy will marshal the creativity,
courage, and capital of the United States necessary to bolster the
resilience of our rural and urban communities, States, Tribes,
territories, and financial institutions in the face of the climate
crisis, rather than exacerbate its causes, and position the United
States to lead the global economy to a more prosperous and sustainable
future.
Sec. 2. Climate-Related Financial Risk Strategy. The Assistant to the
President for Economic Policy and Director of the National Economic
Council (Director of the National Economic Council) and the Assistant to
the President and National Climate Advisor (National Climate Advisor),
in coordination with the Secretary of the Treasury and the Director of
the Office of Management and Budget (OMB), shall develop, within 120
days of the date of this order, a comprehensive, Government-wide
strategy regarding:
(a) the measurement, assessment, mitigation, and disclosure of
climate-related financial risk to Federal Government programs, assets,
and liabilities in order to increase the long-term stability of Federal
operations;
(b) financing needs associated with achieving net-zero greenhouse
gas emissions for the U.S. economy by no later than 2050, limiting
global average temperature rise to 1.5 degrees Celsius, and adapting to
the acute and chronic impacts of climate change; and
(c) areas in which private and public investments can play
complementary roles in meeting these financing needs--while advancing
economic opportunity, worker empowerment, and environmental mitigation,
especially in disadvantaged communities and communities of color.
Sec. 3. Assessment of Climate-Related Financial Risk by Financial
Regulators. In furtherance of the policy set forth in section 1 of this
order and
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consistent with applicable law and subject to the availability of
appropriations:
(a) The Secretary of the Treasury, as the Chair of the Financial
Stability Oversight Council (FSOC), shall engage with FSOC members to
consider the following actions by the FSOC:
(i) assessing, in a detailed and comprehensive manner, the climate-related
financial risk, including both physical and transition risks, to the
financial stability of the Federal Government and the stability of the U.S.
financial system;
(ii) facilitating the sharing of climate-related financial risk data and
information among FSOC member agencies and other executive departments and
agencies (agencies) as appropriate;
(iii) issuing a report to the President within 180 days of the date of this
order on any efforts by FSOC member agencies to integrate consideration of
climate-related financial risk in their policies and programs, including a
discussion of:
(A) the necessity of any actions to enhance climate-related disclosures
by regulated entities to mitigate climate-related financial risk to the
financial system or assets and a recommended implementation plan for taking
those actions;
(B) any current approaches to incorporating the consideration of climate-
related financial risk into their respective regulatory and supervisory
activities and any impediments they faced in adopting those approaches;
(C) recommended processes to identify climate-related financial risk to
the financial stability of the United States; and
(D) any other recommendations on how identified climate-related financial
risk can be mitigated, including through new or revised regulatory
standards as appropriate; and
(iv) including an assessment of climate-related financial risk in the
FSOC's annual report to the Congress.
(b) The Secretary of the Treasury shall:
(i) direct the Federal Insurance Office to assess climate-related issues or
gaps in the supervision and regulation of insurers, including as part of
the FSOC's analysis of financial stability, and to further assess, in
consultation with States, the potential for major disruptions of private
insurance coverage in regions of the country particularly vulnerable to
climate change impacts; and
(ii) direct the Office of Financial Research to assist the Secretary of the
Treasury and the FSOC in assessing and identifying climate-related
financial risk to financial stability, including the collection of data, as
appropriate, and the development of research on climate-related financial
risk to the U.S. financial system.
Sec. 4. Resilience of Life Savings and Pensions. In furtherance of the
policy set forth in section 1 of this order and consistent with
applicable law and subject to the availability of appropriations, the
Secretary of Labor shall:
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(a) identify agency actions that can be taken under the Employee
Retirement Income Security Act of 1974 (Public Law 93-406), the Federal
Employees' Retirement System Act of 1986 (Public Law 99-335), and any
other relevant laws to protect the life savings and pensions of United
States workers and families from the threats of climate-related
financial risk;
(b) consider publishing, by September 2021, for notice and comment a
proposed rule to suspend, revise, or rescind ``Financial Factors in
Selecting Plan Investments,'' 85 Fed. Reg. 72846 (November 13, 2020),
and ``Fiduciary Duties Regarding Proxy Voting and Shareholder Rights,''
85 Fed. Reg. 81658 (December 16, 2020);
(c) assess--consistent with the Secretary of Labor's oversight
responsibilities under the Federal Employees' Retirement System Act of
1986 and in consultation with the Director of the National Economic
Council and the National Climate Advisor--how the Federal Retirement
Thrift Investment Board has taken environmental, social, and governance
factors, including climate-related financial risk, into account; and
(d) within 180 days of the date of this order, submit to the
President, through the Director of the National Economic Council and the
National Climate Advisor, a report on the actions taken pursuant to
subsections (a), (b), and (c) of this section.
Sec. 5. Federal Lending, Underwriting, and Procurement. In furtherance
of the policy set forth in section 1 of this order and consistent with
applicable law and subject to the availability of appropriations:
(a) The Director of OMB and the Director of the National Economic
Council, in consultation with the Secretary of the Treasury, shall
develop recommendations for the National Climate Task Force on
approaches related to the integration of climate-related financial risk
into Federal financial management and financial reporting, especially as
that risk relates to Federal lending programs. The recommendations
should evaluate options to enhance accounting standards for Federal
financial reporting where appropriate and should identify any
opportunities to further encourage market adoption of such standards.
(b) The Federal Acquisition Regulatory Council, in consultation with
the Chair of the Council on Environmental Quality and the heads of other
agencies as appropriate, shall consider amending the Federal Acquisition
Regulation (FAR) to:
(i) require major Federal suppliers to publicly disclose greenhouse gas
emissions and climate-related financial risk and to set science-based
reduction targets; and
(ii) ensure that major Federal agency procurements minimize the risk of
climate change, including requiring the social cost of greenhouse gas
emissions to be considered in procurement decisions and, where appropriate
and feasible, give preference to bids and proposals from suppliers with a
lower social cost of greenhouse gas emissions.
(c) The Secretary of Agriculture, the Secretary of Housing and Urban
Development, and the Secretary of Veterans Affairs shall consider
approaches to better integrate climate-related financial risk into
underwriting standards, loan terms and conditions, and asset management
and servicing procedures, as related to their Federal lending policies
and programs.
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(d) As part of the agency Climate Action Plans required by section
211 of Executive Order 14008 of January 27, 2021 (Tackling the Climate
Crisis at Home and Abroad), and consistent with the interim instructions
for the Climate Action Plans issued by the Federal Chief Sustainability
Officer, heads of agencies must submit to the Director of OMB, the
National Climate Task Force, and the Federal Chief Sustainability
Officer actions to integrate climate-related financial risk into their
respective agency's procurement process (subject to any changes to the
FAR arising out of the Federal Acquisition Regulatory Council's review
pursuant to subsection (b) of this section). The Director of OMB and the
Federal Chief Sustainability Officer shall provide guidance to agencies
on existing voluntary standards for use in agencies' plans.
(e) In Executive Order 13690 of January 30, 2015 (Establishing a
Federal Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input), a Federal Flood Risk
Management Standard (FFRMS) was established to address current and
future flood risk and ensure that projects funded with taxpayer dollars
last as long as intended. Subsequently, the order was revoked by
Executive Order 13807 of August 15, 2017 (Establishing Discipline and
Accountability in the Environmental Review and Permitting Process for
Infrastructure Projects). Executive Order 13690 is hereby reinstated,
thereby reestablishing the FFRMS. The ``Guidelines for Implementing
Executive Order 11988, Floodplain Management, and Executive Order 13690,
Establishing a Federal Flood Risk Management Standard and a Process for
Further Soliciting and Considering Stakeholder Input'' of October 8,
2015, were never revoked and thus remain in effect.
Sec. 6. Long-Term Budget Outlook. The Federal Government has broad
exposure to increased costs and lost revenue as a result of the impacts
of unmitigated climate change. In furtherance of the policy set forth in
section 1 of this order and consistent with applicable law and subject
to the availability of appropriations:
(a) The Director of OMB, in consultation with the Secretary of the
Treasury, the Chair of the Council of Economic Advisers, the Director of
the National Economic Council, and the National Climate Advisor, shall
identify the primary sources of Federal climate-related financial risk
exposure and develop methodologies to quantify climate risk within the
economic assumptions and the long-term budget projections of the
President's Budget;
(b) The Director of OMB and the Chair of the Council of Economic
Advisers, in consultation with the Director of the National Economic
Council, the National Climate Advisor, and the heads of other agencies
as appropriate, shall develop and publish annually, within the
President's Budget, an assessment of the Federal Government's climate
risk exposure; and
(c) The Director of OMB shall improve the accounting of climate-
related Federal expenditures, where appropriate, and reduce the Federal
Government's long-term fiscal exposure to climate-related financial risk
through formulation of the President's Budget and oversight of budget
execution.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
[[Page 579]]
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 20, 2021.
Executive Order 14031 of May 28, 2021
Advancing Equity, Justice, and Opportunity for Asian Americans, Native
Hawaiians, and Pacific Islanders
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. Asian American, Native Hawaiian, and Pacific Islander
(AA and NHPI) individuals and communities are irrefutable sources of our
Nation's strength. These communities have molded the American
experience, and the achievements of AA and NHPI communities make the
United States stronger and more vibrant. The richness of America's
multicultural democracy is strengthened by the diversity of AA and NHPI
communities and the many cultures and languages of AA and NHPI
individuals in the United States.
Asian American, Native Hawaiian, and Pacific Islander communities
together constitute the fastest growing ethnic group in the United
States and make rich contributions to our society, our economy, and our
culture. Yet for far too long, systemic barriers to equity, justice, and
opportunity put the American dream out of reach of many AA and NHPI
communities. Many AA and NHPI individuals face persistent disparities in
socioeconomic, health, and educational outcomes. Linguistic isolation
and lack of access to language-assistance services continue to lock many
AA and NHPI individuals out of opportunity. Too often Federal data
collection practices fail to measure, reflect, and disaggregate the
diversity of AA and NHPI experiences. These practices contribute to
often painful and enduring stereotypes about Asian Americans as a
``model minority'' and obscure disparities within AA and NHPI
communities.
Our Nation has also seen again that anti-Asian bias, xenophobia, racism,
and nativism have deep roots in our Nation. Tragic acts of anti-Asian
violence have increased during the COVID-19 pandemic, casting a shadow
of fear and grief over many AA and NHPI communities, in particular East
Asian communities. Long before this pandemic, AA and NHPI communities in
the United States--including South Asian and Southeast Asian
communities--have faced persistent xenophobia, religious discrimination,
racism, and violence. The Federal Government must provide the moral
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leadership, policies, and programs to address and end anti-Asian
violence and discrimination, and advance inclusion and belonging for all
AA and NHPI communities.
At the same time, many AA and NHPI communities, and in particular Native
Hawaiian and Pacific Islander communities, have also been
disproportionately burdened by the COVID-19 public health crisis.
Evidence suggests that Native Hawaiians and Pacific Islanders are three
times more likely to contract COVID-19 compared to white people and
nearly twice as likely to die from the disease. On top of these health
inequities, many AA and NHPI families and small businesses have faced
devastating economic losses during this crisis, which must be addressed.
As I directed in Executive Order 13985 of January 20, 2021 (Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government), the entire Federal Government must advance equity
and racial justice for underserved communities, which include AA and
NHPI communities. As I established in the Presidential Memorandum of
January 26, 2021 (Condemning and Combating Racism, Xenophobia, and
Intolerance Against Asian Americans and Pacific Islanders in the United
States), it is the policy of my Administration to address and confront
racism, xenophobia, and intolerance. The purpose of this order is to
build on those policies by establishing the President's Advisory
Commission on Asian Americans, Native Hawaiians, and Pacific Islanders
and the White House Initiative on Asian Americans, Native Hawaiians, and
Pacific Islanders. Both will work to advance equity, justice, and
opportunity for AA and NHPI communities in the United States.
Sec. 2. President's Advisory Commission on Asian Americans, Native
Hawaiians, and Pacific Islanders. (a) There is established in the
Department of Health and Human Services the President's Advisory
Commission on Asian Americans, Native Hawaiians, and Pacific Islanders
(Commission).
(b) The Commission shall be led by two Co-Chairs, one of whom shall
be the Secretary of Health and Human Services, the other of whom shall
be the head of an executive department or agency (agency) designated by
the President. The Commission shall provide advice to the President, in
close coordination with the Deputy Assistant to the President and Asian
American, Native Hawaiian, and Pacific Islander Senior Liaison, on:
(i) the development, monitoring, and coordination of executive branch
efforts to advance equity, justice, and opportunity for AA and NHPI
communities in the United States, including efforts to close gaps in
health, socioeconomic, employment, and educational outcomes;
(ii) policies to address and end anti-Asian bias, xenophobia, racism, and
nativism, and opportunities for the executive branch to advance inclusion,
belonging, and public awareness of the diversity and accomplishments of AA
and NHPI people, cultures, and histories;
(iii) policies, programs, and initiatives to prevent, report, respond to,
and track anti-Asian hate crimes and hate incidents;
(iv) ways in which the Federal Government can build on the capacity and
contributions of AA and NHPI communities through equitable Federal funding,
grantmaking, and employment opportunities;
(v) policies and practices to improve research and equitable data
disaggregation regarding AA and NHPI communities;
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(vi) policies and practices to improve language access services to ensure
AA and NHPI communities can access Federal programs and services; and
(vii) strategies to increase public- and private-sector collaboration, and
community involvement in improving the safety and socioeconomic, health,
educational, occupational, and environmental well-being of AA and NHPI
communities.
(c) The Commission shall consist of 25 members appointed by the
President. The Commission shall include members who:
(i) have a history of advancing equity, justice, and opportunity for AA and
NHPI communities;
(ii) represent diverse sectors, including education, commerce, business,
health, human services, housing, the environment, the arts, agriculture,
labor and employment, transportation, justice, veterans affairs, economic
and community development, immigration, law, and national security;
(iii) are from organizations or associations representing one or more of
the diverse AA and NHPI communities;
(iv) have personal or professional experience addressing intersectional
barriers faced by AA and NHPI communities, such as discrimination or lack
of access to opportunity based on country of origin, immigration status,
disability, age, or sex, including based on sexual orientation and gender
identity; or
(v) have such other experience as the President deems appropriate.
(d) The Secretary of Health and Human Services shall designate an
Executive Director of the Commission (Executive Director). The Executive
Director shall report to the Secretary of Health and Human Services, in
coordination with the other Co-Chair of the Commission and the Deputy
Assistant to the President and Asian American, Native Hawaiian, and
Pacific Islander Senior Liaison.
(i) The Department of Health and Human Services shall provide funding and
administrative support for the Commission to the extent permitted by law
and within existing appropriations, and may, as necessary and appropriate
under section 1535 of title 31, United States Code, enter into one or more
agreements to obtain goods or services from one or more agencies in support
of the Commission.
(ii) The heads of other agencies shall assist and provide information to
the Commission, consistent with applicable law, as may be necessary to
carry out its functions. Each agency shall bear its own expenses of
assisting the Commission.
(iii) Members of the Commission shall serve without compensation, but shall
be allowed travel expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in the Government
service (5 U.S.C. 5701-5707). Insofar as the Federal Advisory Committee
Act, as amended (5 U.S.C. App.) (the ``Act''), may apply to the
administration of the Commission, any functions of the President under the
Act, except that of reporting to the Congress, shall be performed by the
Secretary of Health and Human Services, in accordance with the guidelines
issued by the Administrator of General Services.
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(e) The Commission shall terminate 2 years from the date of this
order, unless sooner renewed by the President.
Sec. 3. White House Initiative on Asian Americans, Native Hawaiians, and
Pacific Islanders. (a) There is established the White House Initiative
on Asian Americans, Native Hawaiians, and Pacific Islanders
(Initiative), a Federal interagency working group. The Initiative shall
be led by two Co-Chairs, one of whom shall be the Secretary of Health
and Human Services, the other of whom shall be the head of an agency
designated by the President. The Executive Director of the Commission
established in section 2(d) of this order shall also serve as the
Executive Director of the Initiative, reporting to the Secretary of
Health and Human Services, in coordination with the other Co-Chair of
the Initiative and the Deputy Assistant to the President and Asian
American, Native Hawaiian, and Pacific Islander Senior Liaison.
(b) The Initiative shall advance equity, justice, and opportunity
for AA and NHPI communities by coordinating Federal interagency
policymaking and program development efforts to eliminate barriers to
equity, justice, and opportunity faced by AA and NHPI communities,
including by advancing policies, programs, and initiatives. In
developing and implementing such policies, programs, and initiatives,
the Co-Chairs of the Initiative and the Executive Director shall
coordinate closely with the Deputy Assistant to the President and Asian
American, Native Hawaiian, and Pacific Islander Senior Liaison. To
support implementation of a whole-of-government approach to equity and
racial justice, as established in Executive Order 13985, the Assistant
to the President for Domestic Policy and the Director of the Office of
Management and Budget shall coordinate closely with the Co-Chairs of the
Initiative and the Executive Director to ensure that the needs and
voices of AA and NHPI communities are considered in the efforts of my
Administration to advance equity and civil rights.
In particular, the Initiative shall advance efforts to:
(i) identify and eliminate any existing institutional policies or barriers
within Federal programs and services that may disadvantage or burden AA and
NHPI communities;
(ii) improve safety, access to justice, and violence prevention for AA and
NHPI communities, including by preventing, reporting, addressing, and
better tracking acts of hate and bias (such as acts of hate and bias at the
intersection of gender-based violence);
(iii) promote inclusion and belonging for AA and NHPI communities,
including by expanding public education and knowledge of AA and NHPI people
and their diverse cultures, languages, and histories;
(iv) expand the collection and use of disaggregated data at the Federal,
State and local level on AA and NHPI communities, and facilitate improved
research on policy and program outcomes for AA and NHPI communities, in
coordination with the Interagency Working Group on Equitable Data
established by Executive Order 13985;
(v) end language access and other barriers faced by AA and NHPI communities
in accessing government benefits and services;
(vi) improve health outcomes, eliminate health disparities, and expand
access to quality, affordable, and culturally competent medical and mental
healthcare services for AA and NHPI individuals and communities;
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(vii) end disparities in educational outcomes for AA and NHPI youth and
students of all ages, and address barriers to learning, including bullying,
harassment, and other forms of discrimination at school;
(viii) address the concentration of poverty facing many AA and NHPI
communities, including by identifying and addressing disparities in access
to safe, affordable housing and homeownership;
(ix) expand economic opportunity for AA and NHPI families, including by
advancing opportunities for AA and NHPI entrepreneurs and small businesses,
supporting access to jobs and workforce training for AA and NHPI
communities, promoting AA and NHPI participation and success in the private
sector, ensuring workplaces are free from race and national origin
harassment and other forms of employment discrimination, and ensuring AA
and NHPI communities can access consumer and finance protections;
(x) increase opportunities for civic engagement, such as electoral
participation, within AA and NHPI communities;
(xi) improve the equitable allocation of Federal resources, including
through Federal funds, contracts, grants, and awards, to AA and NHPI
communities and AA and NHPI-serving organizations;
(xii) support AA and NHPI communities in responding to and recovering from
national or regional crises and public health emergencies, including the
COVID-19 pandemic and related economic crisis;
(xiii) secure climate and environmental justice for AA and NHPI communities
who are particularly impacted by the climate crisis and are overburdened by
environmental degradation; and
(xiv) identify ways to foster the recruitment, career and leadership
development, retention, advancement, and participation of AA and NHPI
public servants at all levels of the Federal workforce.
(c) In addition to the Co-Chairs, the Initiative shall consist of
senior officials from the following agencies and offices, designated by
the heads thereof:
(i) the Office of the Vice President;
(ii) the Department of State;
(iii) the Department of the Treasury;
(iv) the Department of Defense;
(v) the Department of Justice;
(vi) the Department of the Interior;
(vii) the Department of Agriculture;
(viii) the Department of Commerce;
(ix) the Department of Labor;
(x) the Department of Health and Human Services;
(xi) the Department of Housing and Urban Development;
(xii) the Department of Energy;
(xiii) the Department of Education;
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(xiv) the Department of Veterans Affairs;
(xv) the Department of Homeland Security;
(xvi) the Environmental Protection Agency;
(xvii) the Office of Management and Budget;
(xviii) the Office of the United States Trade Representative;
(xix) the Small Business Administration;
(xx) the Office of Science and Technology Policy;
(xxi) the National Security Council;
(xxii) the National Economic Council;
(xxiii) the Domestic Policy Council;
(xxiv) the Gender Policy Council;
(xxv) the Council on Environmental Quality;
(xxvi) the White House Office of Cabinet Affairs;
(xxvii) the White House Office of Intergovernmental Affairs;
(xxviii) the White House Office of Public Engagement;
(xxix) the White House Office of Presidential Personnel;
(xxx) the Social Security Administration;
(xxxi) the General Services Administration;
(xxxii) the United States Agency for International Development;
(xxxiii) the Office of Personnel Management;
(xxxiv) the Equal Employment Opportunity Commission; and
(xxxv) other agencies and offices as the President may, from time to time,
designate.
At the direction of the Co-Chairs, the Initiative may establish
subgroups consisting exclusively of Initiative members or their
designees, as appropriate. To the extent permitted by law, members of
the Initiative, or their designees, shall devote the time, skill, and
resources necessary and adequate to carry out the functions of the
Initiative. Each agency and office shall bear its own expenses for
participating in the Initiative.
(d) The Department of Health and Human Services shall provide
funding and administrative support for the Initiative to the extent
permitted by law and within existing appropriations, and may, as
necessary and appropriate under section 1535 of title 31, United States
Code, enter into one or more agreements to obtain goods or services from
one or more agencies in support of the Initiative.
(e) Each agency in the Initiative shall prepare a plan (agency plan)
outlining measurable actions the agency is considering or will take to
advance equity, justice, and opportunity for AA and NHPI communities,
including plans to implement the policy goals outlined in subsection (b)
of this section. Agencies shall report their plans to the Co-Chairs of
the Initiative and the Executive Director on a frequency established by
the Executive Director. In developing such plans, officials
participating in the Initiative shall
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seek opportunities to engage with employee affinity groups or Federal
networks representing AA and NHPI public servants.
(i) Each such agency shall assess and report to the Co-Chairs of the
Initiative and the Executive Director on its progress in implementing its
respective agency plan on a regular basis as established by the Co-Chairs
of the Initiative and the Executive Director.
(ii) On an annual basis, the Co-Chairs of the Initiative shall develop and
submit to the President a report outlining a Government-wide interagency
plan to advance equity, justice, and opportunity for AA and NHPI
communities, and progress made in implementing the policy goals outlined in
subsection (b) of this section.
(f) The Initiative shall coordinate with and support the existing
regional network of Federal officials who facilitate improved
communication, engagement, and coordination between the Federal
Government and AA and NHPI communities throughout the United States
(Regional Network). Agencies identified as participants in the
Initiative shall seek opportunities, consistent with applicable law and
available resources, to provide support and resources to the Regional
Network through each agency's respective regional offices. The Executive
Director shall coordinate the efforts of the Regional Network, and may
establish regular reporting and information-sharing activities between
the Regional Network and the Initiative.
Sec. 4. General Provisions. (a) This order supersedes Executive Order
13125 of June 7, 1999 (Increasing Participation of Asian Americans and
Pacific Islanders in Federal Programs); Executive Order 13339 of May 13,
2004 (Increasing Economic Opportunity and Business Participation of
Asian Americans and Pacific Islanders); Executive Order 13515 of October
14, 2009 (Increasing Participation of Asian Americans and Pacific
Islanders in Federal Programs); and Executive Order 13872 of May 13,
2019 (Economic Empowerment of Asian Americans and Pacific Islanders).
(b) Nothing in this order shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(d) For purposes of this order, references to executive departments
and agencies shall not include the agencies described in section 3502(5)
of title 44, United States Code. Independent regulatory agencies are
strongly encouraged to comply with the provisions of this order.
(e) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 28, 2021.
[[Page 586]]
Executive Order 14032 of June 3, 2021
Addressing the Threat From Securities Investments That Finance Certain
Companies of the People's Republic of China
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, JOSEPH R. BIDEN JR., President of the United States of America, find
that additional steps are necessary to address the national emergency
declared in Executive Order 13959 of November 12, 2020 (Addressing the
Threat From Securities Investments That Finance Communist Chinese
Military Companies), including the threat posed by the military-
industrial complex of the People's Republic of China (PRC) and its
involvement in military, intelligence, and security research and
development programs, and weapons and related equipment production under
the PRC's Military-Civil Fusion strategy. In addition, I find that the
use of Chinese surveillance technology outside the PRC and the
development or use of Chinese surveillance technology to facilitate
repression or serious human rights abuse constitute unusual and
extraordinary threats, which have their source in whole or substantial
part outside the United States, to the national security, foreign
policy, and economy of the United States, and I hereby expand the scope
of the national emergency declared in Executive Order 13959 to address
those threats.
Accordingly, I hereby order as follows:
Section 1. Sections 1 through 5 of Executive Order 13959, as amended by
Executive Order 13974 of January 13, 2021 (Amending Executive Order
13959--Addressing the Threat From Securities Investments That Finance
Communist Chinese Military Companies), are hereby replaced and
superseded in their entirety to read as follows:
``Section 1. (a) The following activities by a United States person are
prohibited: the purchase or sale of any publicly traded securities, or
any publicly traded securities that are derivative of such securities or
are designed to provide investment exposure to such securities, of any
person listed in the Annex to this order or of any person determined by
the Secretary of the Treasury, in consultation with the Secretary of
State, and, as the Secretary of the Treasury deems appropriate, the
Secretary of Defense:
(i) to operate or have operated in the defense and related materiel sector
or the surveillance technology sector of the economy of the PRC; or
(ii) to own or control, or to be owned or controlled by, directly or
indirectly, a person who operates or has operated in any sector described
in subsection (a)(i) of this section, or a person who is listed in the
Annex to this order or who has otherwise been determined to be subject to
the prohibitions in subsection (a) of this section.
(b) The prohibitions in subsection (a) of this section shall take
effect:
[[Page 587]]
(i) beginning at 12:01 a.m. eastern daylight time on August 2, 2021, with
respect to any person listed in the Annex to this order; or
(ii) beginning at 12:01 a.m. eastern daylight time on the date that is 60
days after the date of the determination in subsection (a) of this section
with respect to any person not listed in the Annex to this order.
(c) The purchase or sale of publicly traded securities described in
subsection (a) of this section made solely to effect the divestment, in
whole or in part, of such securities by a United States person is
permitted prior to:
(i) 12:01 a.m. eastern daylight time on June 3, 2022, with respect to any
person listed in the Annex to this order; or
(ii) 12:01 a.m. eastern daylight time on the date that is 365 days after
the date of the determination in subsection (a) of this section with
respect to any person not listed in the Annex to this order.
(d) The prohibitions in subsection (a) of this section apply except
to the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted before the date of this order.
Sec. 2. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) the term ``person'' means an individual or entity;
(c) the term ``publicly traded securities'' includes any
``security,'' as defined in section 3(a)(10) of the Securities Exchange
Act of 1934, Public Law 73-291 (as codified as amended at 15 U.S.C.
78c(a)(10)), denominated in any currency that trades on a securities
exchange or through the method of trading that is commonly referred to
as ``over-the-counter,'' in any jurisdiction; and
(d) the term ``United States person'' means any United States
citizen, lawful permanent resident, 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 the President by IEEPA, as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may, consistent
with applicable law, redelegate any of these functions within the
Department of the Treasury. All executive departments and agencies
(agencies) of the United States shall take all appropriate measures
within their authority to carry out the provisions of this order.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to submit recurring and final
reports to the
[[Page 588]]
Congress on the national emergency declared in this order, consistent
with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, and, as the Secretary of the Treasury deems
appropriate, the Secretary of Defense, is hereby authorized to determine
that circumstances no longer warrant the application of the prohibitions
in section 1(a) of this order with respect to a person listed in the
Annex to this order, and to take necessary action to give effect to that
determination.''
Sec. 2. The Annex to Executive Order 13959 is replaced and superseded in
its entirety by the Annex to this order.
Sec. 3. Section 6 of Executive Order 13959 is amended to replace ``Sec.
6.'' with ``Sec. 7.''
Sec. 4. Executive Order 13974 is hereby revoked in its entirety. The
Secretary of the Treasury and the heads of agencies shall take all
necessary steps to rescind any orders or prohibitions issued prior to
the date of this order implementing or enforcing Executive Order 13974
or the versions of sections 1 through 5 of Executive Order 13959
replaced and superseded by section 1 of this order.
Sec. 5. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
June 3, 2021.
[[Page 589]]
[GRAPHIC] [TIFF OMITTED] TD07JN21.001
[[Page 590]]
[GRAPHIC] [TIFF OMITTED] TD07JN21.002
[[Page 591]]
Executive Order 14033 of June 8, 2021
Blocking Property and Suspending Entry Into the United States of Certain
Persons Contributing to the Destabilizing Situation 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 Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f)
of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and
section 301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America,
hereby expand the scope of the national emergency declared in Executive
Order 13219 of June 26, 2001 (Blocking Property of Persons Who Threaten
International Stabilization Efforts in the Western Balkans), as amended
by Executive Order 13304 of May 28, 2003 (Termination of Emergencies
With Respect to Yugoslavia and Modification of Executive Order 13219 of
June 26, 2001), finding that the situation in the territory of the
former Socialist Federal Republic of Yugoslavia and the Republic of
Albania (the Western Balkans), over the past two decades, including the
undermining of post-war agreements and institutions following the
breakup of the former Socialist Federal Republic of Yugoslavia, as well
as widespread corruption within various governments and institutions in
the Western Balkans, stymies progress toward effective and democratic
governance and full integration into transatlantic institutions, and
thereby constitutes an unusual and extraordinary threat to the national
security and foreign policy of the United States.
Accordingly, I hereby order:
Section 1. (a) All property and interests in property that are in the
United States, that hereafter come within the United States, or that are
or hereafter come within the possession or control of any United States
person of the following persons are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in: any person determined
by the Secretary of the Treasury, in consultation with the Secretary of
State:
(i) to be responsible for or complicit in, or to have directly or
indirectly engaged in, actions or policies that threaten the peace,
security, stability, or territorial integrity of any area or state in the
Western Balkans;
(ii) to be responsible for or complicit in, or to have directly or
indirectly engaged in, actions or policies that undermine democratic
processes or institutions in the Western Balkans;
(iii) to be responsible for or complicit in, or to have directly or
indirectly engaged in, a violation of, or an act that has obstructed or
threatened the implementation of, any regional security, peace,
cooperation, or mutual recognition agreement or framework or accountability
mechanism related to the Western Balkans, including the Prespa Agreement of
2018; the Ohrid Framework Agreement of 2001; United Nations Security
Council Resolution 1244; the Dayton Accords; or the Conclusions of the
Peace Implementation Conference Council held in London in December 1995,
including the decisions or conclusions of the High Representative, the
[[Page 592]]
Peace Implementation Council, or its Steering Board; or the International
Criminal Tribunal for the former Yugoslavia, or, with respect to the former
Yugoslavia, the International Residual Mechanism for Criminal Tribunals;
(iv) to be responsible for or complicit in, or to have directly or
indirectly engaged in, serious human rights abuse in the Western Balkans;
(v) to be responsible for or complicit in, or to have directly or
indirectly engaged in, corruption related to the Western Balkans, including
corruption by, on behalf of, or otherwise related to a government in the
Western Balkans, or a current or former government official at any level of
government in the Western Balkans, such as the misappropriation of public
assets, expropriation of private assets for personal gain or political
purposes, or bribery;
(vi) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, any person whose property and interests in property are blocked
pursuant to this order; or
(vii) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, any person whose property and
interests in property are blocked pursuant to this order.
(b) The prohibitions in subsection (a) of this section apply except
to the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted before the date of this order.
Sec. 2. The prohibitions in section 1 of this order include:
(a) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or
services from any such person.
Sec. 3. I hereby determine that the making of donations of the types of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to section 1(a) of this order would
seriously impair my ability to deal with the national emergency declared
in Executive Order 13219, as amended by Executive Order 13304, and as
expanded in this order, and I hereby prohibit such donations as provided
by section 1 of this order.
Sec. 4. (a) The unrestricted immigrant and nonimmigrant entry into the
United States of noncitizens determined to meet one or more of the
criteria in section l(a) of this order would be detrimental to the
interests of the United States, and the entry of such persons into the
United States, as immigrants or nonimmigrants, is hereby suspended,
except when the Secretary of State or the Secretary of Homeland
Security, as appropriate, determines that the person's entry would not
be contrary to the interests of the United States, including when the
Secretary of State or Secretary of Homeland Security, as appropriate, so
determines, based on a recommendation of the Attorney General, that the
person's entry would further important United States law enforcement
objectives.
[[Page 593]]
(b) The Secretary of State shall implement this order as it applies
to visas pursuant to such procedures as the Secretary of State, in
consultation with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this order as
it applies to the entry of noncitizens pursuant to such procedures as
the Secretary of Homeland Security, in consultation with the Secretary
of State, may establish.
(d) Such persons shall be treated by this section in the same manner
as persons covered by section 1 of Proclamation 8693 of July 24, 2011
(Suspension of Entry of Aliens Subject to United Nations Security
Council Travel Bans and International Emergency Economic Powers Act
Sanctions).
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) the term ``noncitizen'' means any person who is not a citizen or
noncitizen national of the United States;
(c) the term ``person'' means an individual or entity; and
(d) the term ``United States person'' means any United States
citizen, lawful permanent resident, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render those measures
ineffectual. I therefore determine that for these measures to be
effective in addressing the national emergency declared in Executive
Order 13219, as amended by Executive Order 13304, and as expanded by
this order, there need be no prior notice of a listing or determination
made pursuant to this order.
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may, consistent
with applicable law, redelegate any of these functions within the
Department of the Treasury. All executive departments and agencies of
the United States shall take all appropriate measures within their
authority to implement this order.
Sec. 9. Nothing in this order shall prohibit transactions for the
conduct of the official business of the Federal Government by employees,
grantees, or contractors thereof.
Sec. 10. (a) Nothing in this order shall be construed to impair or
otherwise affect:
[[Page 594]]
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
June 8, 2021.
Executive Order 14034 of June 9, 2021
Protecting Americans' Sensitive Data From Foreign Adversaries
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.), and section 301 of
title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, find
that it is appropriate to elaborate upon measures to address the
national emergency with respect to the information and communications
technology and services supply chain that was declared in Executive
Order 13873 of May 15, 2019 (Securing the Information and Communications
Technology and Services Supply Chain). Specifically, the increased use
in the United States of certain connected software applications
designed, developed, manufactured, or supplied by persons owned or
controlled by, or subject to the jurisdiction or direction of, a foreign
adversary, which the Secretary of Commerce acting pursuant to Executive
Order 13873 has defined to include the People's Republic of China, among
others, continues to threaten the national security, foreign policy, and
economy of the United States. The Federal Government should evaluate
these threats through rigorous, evidence-based analysis and should
address any unacceptable or undue risks consistent with overall national
security, foreign policy, and economic objectives, including the
preservation and demonstration of America's core values and fundamental
freedoms.
By operating on United States information and communications technology
devices, including personal electronic devices such as smartphones,
tablets, and computers, connected software applications can access and
capture vast swaths of information from users, including United States
persons'
[[Page 595]]
personal information and proprietary business information. This data
collection threatens to provide foreign adversaries with access to that
information. Foreign adversary access to large repositories of United
States persons' data also presents a significant risk.
In evaluating the risks of a connected software application, several
factors should be considered. Consistent with the criteria established
in Executive Order 13873, and in addition to the criteria set forth in
implementing regulations, potential indicators of risk relating to
connected software applications include: ownership, control, or
management by persons that support a foreign adversary's military,
intelligence, or proliferation activities; use of the connected software
application to conduct surveillance that enables espionage, including
through a foreign adversary's access to sensitive or confidential
government or business information, or sensitive personal data;
ownership, control, or management of connected software applications by
persons subject to coercion or cooption by a foreign adversary;
ownership, control, or management of connected software applications by
persons involved in malicious cyber activities; a lack of thorough and
reliable third-party auditing of connected software applications; the
scope and sensitivity of the data collected; the number and sensitivity
of the users of the connected software application; and the extent to
which identified risks have been or can be addressed by independently
verifiable measures.
The ongoing emergency declared in Executive Order 13873 arises from a
variety of factors, including the continuing effort of foreign
adversaries to steal or otherwise obtain United States persons' data.
That continuing effort by foreign adversaries constitutes an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States. To address this threat, the United States
must act to protect against the risks associated with connected software
applications that are designed, developed, manufactured, or supplied by
persons owned or controlled by, or subject to the jurisdiction or
direction of, a foreign adversary.
Additionally, the United States seeks to promote accountability for
persons who engage in serious human rights abuse. If persons who own,
control, or manage connected software applications engage in serious
human rights abuse or otherwise facilitate such abuse, the United States
may impose consequences on those persons in action separate from this
order.
Accordingly, it is hereby ordered that:
Section 1. Revocation of Presidential Actions. The following orders are
revoked: Executive Order 13942 of August 6, 2020 (Addressing the Threat
Posed by TikTok, and Taking Additional Steps To Address the National
Emergency With Respect to the Information and Communications Technology
and Services Supply Chain); Executive Order 13943 of August 6, 2020
(Addressing the Threat Posed by WeChat, and Taking Additional Steps To
Address the National Emergency With Respect to the Information and
Communications Technology and Services Supply Chain); and Executive
Order 13971 of January 5, 2021 (Addressing the Threat Posed by
Applications and Other Software Developed or Controlled by Chinese
Companies).
Sec. 2. Implementation. (a) The Director of the Office of Management and
Budget and the heads of executive departments and agencies (agencies)
shall promptly take steps to rescind any orders, rules, regulations,
guidelines, or policies, or portions thereof, implementing or enforcing
Executive
[[Page 596]]
Orders 13942, 13943, or 13971, as appropriate and consistent with
applicable law, including the Administrative Procedure Act, 5 U.S.C. 551
et seq. In addition, any personnel positions, committees, task forces,
or other entities established pursuant to Executive Orders 13942, 13943,
or 13971 shall be abolished, as appropriate and consistent with
applicable law.
(b) Not later than 120 days after the date of this order, the
Secretary of Commerce, in consultation with the Secretary of State, the
Secretary of Defense, the Attorney General, the Secretary of Health and
Human Services, the Secretary of Homeland Security, the Director of
National Intelligence, and the heads of other agencies as the Secretary
of Commerce deems appropriate, shall provide a report to the Assistant
to the President and National Security Advisor with recommendations to
protect against harm from the unrestricted sale of, transfer of, or
access to United States persons' sensitive data, including personally
identifiable information, personal health information, and genetic
information, and harm from access to large data repositories by persons
owned or controlled by, or subject to the jurisdiction or direction of,
a foreign adversary. Not later than 60 days after the date of this
order, the Director of National Intelligence shall provide threat
assessments, and the Secretary of Homeland Security shall provide
vulnerability assessments, to the Secretary of Commerce to support
development of the report required by this subsection.
(c) Not later than 180 days after the date of this order, the
Secretary of Commerce, in consultation with the Secretary of State, the
Secretary of Defense, the Attorney General, the Secretary of Homeland
Security, the Director of the Office of Management and Budget, and the
heads of other agencies as the Secretary of Commerce deems appropriate,
shall provide a report to the Assistant to the President and National
Security Advisor recommending additional executive and legislative
actions to address the risk associated with connected software
applications that are designed, developed, manufactured, or supplied by
persons owned or controlled by, or subject to the jurisdiction or
direction of, a foreign adversary.
(d) The Secretary of Commerce shall evaluate on a continuing basis
transactions involving connected software applications that may pose an
undue risk of sabotage or subversion of the design, integrity,
manufacturing, production, distribution, installation, operation, or
maintenance of information and communications technology or services in
the United States; pose an undue risk of catastrophic effects on the
security or resiliency of the critical infrastructure or digital economy
of the United States; or otherwise pose an unacceptable risk to the
national security of the United States or the security and safety of
United States persons. Based on the evaluation, the Secretary of
Commerce shall take appropriate action in accordance with Executive
Order 13873 and its implementing regulations.
Sec. 3. Definitions. For purposes of this order:
(a) the term ``connected software application'' means software, a
software program, or a group of software programs, that is designed to
be used on an end-point computing device and includes as an integral
functionality, the ability to collect, process, or transmit data via the
internet;
(b) the term ``foreign adversary'' means any foreign government or
foreign non-government person engaged in a long-term pattern or serious
instances of conduct significantly adverse to the national security of
the United States or security and safety of United States persons;
[[Page 597]]
(c) the term ``information and communications technology or
services'' means any hardware, software, or other product or service
primarily intended to fulfill or enable the function of information or
data processing, storage, retrieval, or communication by electronic
means, including transmission, storage, and display;
(d) the term ``person'' means an individual or entity; and
(e) the term ``United States person'' means any United States
citizen, lawful permanent resident, 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. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
June 9, 2021.
Executive Order 14035 of June 25, 2021
Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 1104, 3301, and
3302 of title 5, United States Code, and in order to strengthen the
Federal workforce by promoting diversity, equity, inclusion, and
accessibility, it is hereby ordered as follows:
Section 1. Policy. On my first day in office, I signed Executive Order
13985 (Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government), which established that affirmatively
advancing equity, civil rights, racial justice, and equal opportunity is
the responsibility of the whole of our Government. To further advance
equity within the Federal Government, this order establishes that it is
the policy of my Administration to cultivate a workforce that draws from
the full diversity of the Nation.
As the Nation's largest employer, the Federal Government must be a model
for diversity, equity, inclusion, and accessibility, where all employees
are
[[Page 598]]
treated with dignity and respect. Accordingly, the Federal Government
must strengthen its ability to recruit, hire, develop, promote, and
retain our Nation's talent and remove barriers to equal opportunity. It
must also provide resources and opportunities to strengthen and advance
diversity, equity, inclusion, and accessibility across the Federal
Government. The Federal Government should have a workforce that reflects
the diversity of the American people. A growing body of evidence
demonstrates that diverse, equitable, inclusive, and accessible
workplaces yield higher-performing organizations.
Federal merit system principles include that the Federal Government's
recruitment policies should ``endeavor to achieve a work force from all
segments of society'' and that ``[a]ll employees and applicants for
employment should receive fair and equitable treatment in all aspects of
personnel management'' (5 U.S.C. 2301(b)(1), (2)). As set forth in
Executive Order 13583 of August 18, 2011 (Establishing a Coordinated
Government-Wide Initiative to Promote Diversity and Inclusion in the
Federal Workforce), the Presidential Memorandum of October 5, 2016
(Promoting Diversity and Inclusion in the National Security Workforce),
Executive Order 13988 of January 20, 2021 (Preventing and Combating
Discrimination on the Basis of Gender Identity or Sexual Orientation),
the National Security Memorandum of February 4, 2021 (Revitalizing
America's Foreign Policy and National Security Workforce, Institutions,
and Partnerships), and Executive Order 14020 of March 8, 2021
(Establishment of the White House Gender Policy Council), the Federal
Government is at its best when drawing upon all parts of society, our
greatest accomplishments are achieved when diverse perspectives are
brought to bear to overcome our greatest challenges, and all persons
should receive equal treatment under the law. This order reaffirms
support for, and builds upon, the procedures established by Executive
Orders 13583, 13988, and 14020, the Presidential Memorandum on Promoting
Diversity and Inclusion in the National Security Workforce, and the
National Security Memorandum on Revitalizing America's Foreign Policy
and National Security Workforce, Institutions, and Partnerships. This
order establishes that diversity, equity, inclusion, and accessibility
are priorities for my Administration and benefit the entire Federal
Government and the Nation, and establishes additional procedures to
advance these priorities across the Federal workforce.
Sec. 2. Definitions. For purposes of this order, in the context of the
Federal workforce:
(a) The term ``underserved communities'' refers to populations
sharing a particular characteristic, as well as geographic communities,
who have been systematically denied a full opportunity to participate in
aspects of economic, social, and civic life. In the context of the
Federal workforce, this term includes individuals who belong to
communities of color, such as Black and African American, Hispanic and
Latino, Native American, Alaska Native and Indigenous, Asian American,
Native Hawaiian and Pacific Islander, Middle Eastern, and North African
persons. It also includes individuals who belong to communities that
face discrimination based on sex, sexual orientation, and gender
identity (including lesbian, gay, bisexual, transgender, queer, gender
non-conforming, and non-binary (LGBTQ+)
[[Page 599]]
persons); persons who face discrimination based on pregnancy or
pregnancy-related conditions; parents; and caregivers. It also includes
individuals who belong to communities that face discrimination based on
their religion or disability; first-generation professionals or first-
generation college students; individuals with limited English
proficiency; immigrants; individuals who belong to communities that may
face employment barriers based on older age or former incarceration;
persons who live in rural areas; veterans and military spouses; and
persons otherwise adversely affected by persistent poverty,
discrimination, or inequality. Individuals may belong to more than one
underserved community and face intersecting barriers.
(b) The term ``diversity'' means the practice of including the many
communities, identities, races, ethnicities, backgrounds, abilities,
cultures, and beliefs of the American people, including underserved
communities.
(c) The term ``equity'' means the consistent and systematic fair,
just, and impartial treatment of all individuals, including individuals
who belong to underserved communities that have been denied such
treatment.
(d) The term ``inclusion'' means the recognition, appreciation, and
use of the talents and skills of employees of all backgrounds.
(e) The term ``accessibility'' means the design, construction,
development, and maintenance of facilities, information and
communication technology, programs, and services so that all people,
including people with disabilities, can fully and independently use
them. Accessibility includes the provision of accommodations and
modifications to ensure equal access to employment and participation in
activities for people with disabilities, the reduction or elimination of
physical and attitudinal barriers to equitable opportunities, a
commitment to ensuring that people with disabilities can independently
access every outward-facing and internal activity or electronic space,
and the pursuit of best practices such as universal design.
(f) The term ``agency'' means any authority of the United States
that is an ``agency'' under 44 U.S.C. 3502(1), other than one considered
to be an independent regulatory agency, as defined in 44 U.S.C. 3502(5).
Sec. 3. Government-Wide Diversity, Equity, Inclusion, and Accessibility
Initiative and Strategic Plan. The Director of the Office of Personnel
Management (OPM) and the Deputy Director for Management of the Office of
Management and Budget (OMB)--in coordination with the Chair of the Equal
Employment Opportunity Commission (EEOC) and in consultation with the
Secretary of Labor, the Director of the Office of Science and Technology
Policy, the Assistant to the President for National Security Affairs,
the Assistant to the President for Domestic Policy (APDP), the Director
of the National Economic Council, and the Co-Chairs of the Gender Policy
Council--shall:
(a) reestablish a coordinated Government-wide initiative to promote
diversity and inclusion in the Federal workforce, expand its scope to
specifically include equity and accessibility, and coordinate its
implementation with the provisions of Executive Order 13985 and the
National Security Memorandum on Revitalizing America's Foreign Policy
and National Security Workforce, Institutions, and Partnerships;
(b) develop and issue a Government-wide Diversity, Equity,
Inclusion, and Accessibility Strategic Plan (Government-wide DEIA Plan)
within 150
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days of the date of this order that updates the Government-wide plan
required by section 2(b)(i) of Executive Order 13583. The Government-
wide DEIA Plan shall be updated as appropriate and at a minimum every 4
years. The Government-wide DEIA Plan shall:
(i) define standards of success for diversity, equity, inclusion, and
accessibility efforts based on leading policies and practices in the public
and private sectors;
(ii) consistent with merit system principles, identify strategies to
advance diversity, equity, inclusion, and accessibility, and eliminate,
where applicable, barriers to equity, in Federal workforce functions,
including: recruitment; hiring; background investigation; promotion;
retention; performance evaluations and awards; professional development
programs; mentoring programs or sponsorship initiatives; internship,
fellowship, and apprenticeship programs; employee resource group and
affinity group programs; temporary employee details and assignments; pay
and compensation policies; benefits, including health benefits, retirement
benefits, and employee services and work-life programs; disciplinary or
adverse actions; reasonable accommodations for employees and applicants
with disabilities; workplace policies to prevent gender-based violence
(including domestic violence, stalking, and sexual violence); reasonable
accommodations for employees who are members of religious minorities; and
training, learning, and onboarding programs;
(iii) include a comprehensive framework to address workplace harassment,
including sexual harassment, which clearly defines the term ``harassment'';
outlines policies and practices to prevent, report, respond to, and
investigate harassment; promotes mechanisms for employees to report
misconduct; encourages bystander intervention; and addresses training,
education, and monitoring to create a culture that does not tolerate
harassment or other forms of discrimination or retaliation; and
(iv) promote a data-driven approach to increase transparency and
accountability, which would build upon, as appropriate, the EEOC's
Management Directive 715 reporting process;
(c) establish an updated system for agencies to report regularly on
progress in implementing Agency DEIA Strategic Plans (as described in
section 4(b) of this order) and in meeting the objectives of this order.
New reporting requirements should be aligned with ongoing reporting
established by Executive Order 13985 and the National Security
Memorandum on Revitalizing America's Foreign Policy and National
Security Workforce, Institutions, and Partnerships. Agency reports on
actions taken to meet the objectives of this order shall include
measurement of improvements, analysis of the effectiveness of agency
programs, and descriptions of lessons learned. The Director of OPM and
the Deputy Director for Management of OMB shall support agencies in
developing workforce policies and practices designed to advance
diversity, equity, inclusion, and accessibility throughout agencies by,
for example, providing updated guidance and technical assistance to
ensure that agencies consistently improve, evaluate, and learn from
their workforce practices;
(d) pursue opportunities to consolidate implementation efforts and
reporting requirements related to advancing diversity, equity,
inclusion, and accessibility established through related or overlapping
statutory mandates, Presidential directives, and regulatory
requirements; and
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(e) support, coordinate, and encourage agency efforts to conduct
research, evaluation, and other evidence-building activities to identify
leading practices, and other promising practices, for broadening
participation and opportunities for advancement in Federal employment,
and to assess and promote the benefits of diversity, equity, inclusion,
and accessibility for Federal performance and operations and barriers to
achieving these goals. Agencies should use the capabilities of their
evaluation officers and chief statistical officers and requirements
under the Foundations for Evidence-Based Policymaking Act of 2018,
Public Law 115-435, to advance this goal.
Sec. 4. Responsibilities of Executive Departments and Agencies. The head
of each agency shall make advancing diversity, equity, inclusion, and
accessibility a priority component of the agency's management agenda and
agency strategic planning. The head of each agency shall implement the
Government-wide DEIA Plan prepared pursuant to section 3 of this order
and such other related guidance as issued from time to time by the
Director of OPM or the Deputy Director for Management of OMB. In
addition, the head of each agency shall:
(a) within 100 days of the date of this order, submit to the APDP,
the Director of OPM, and the Deputy Director for Management of OMB a
preliminary assessment of the current state of diversity, equity,
inclusion, and accessibility in the agency's human resources practices
and workforce composition. In conducting such assessment, the head of
each agency should:
(i) assess whether agency recruitment, hiring, promotion, retention,
professional development, performance evaluations, pay and compensation
policies, reasonable accommodations access, and training policies and
practices are equitable;
(ii) take an evidence-based and data-driven approach to determine whether
and to what extent agency practices result in inequitable employment
outcomes, and whether agency actions may help to overcome systemic societal
and organizational barriers;
(iii) assess the status and effects of existing diversity, equity,
inclusion, and accessibility initiatives or programs, and review the amount
of institutional resources available to support human resources activities
that advance the objectives outlined in section 1 of this order; and
(iv) identify areas where evidence is lacking and propose opportunities to
build evidence to advance diversity, equity, inclusion, and accessibility
and address those gaps identified;
(b) within 120 days of the issuance of the Government-wide DEIA
Plan, and annually thereafter, develop and submit to the APDP, the
Director of OPM, and the Deputy Director for Management of OMB an Agency
Diversity, Equity, Inclusion, and Accessibility Strategic Plan (Agency
DEIA Strategic Plan), as described by section 3(b) of Executive Order
13583 and as modified by this order. Agency DEIA Strategic Plans should
identify actions to advance diversity, equity, inclusion, and
accessibility in the workforce and remove any potential barriers to
diversity, equity, inclusion, and accessibility in the workforce
identified in the assessments described in subsection (a) of this
section. Agency DEIA Strategic Plans should also include quarterly goals
and actions to advance diversity, equity, inclusion, and accessibility
initiatives in the agency workforce and in the agency's workplace
culture;
[[Page 602]]
(c) on an annual basis, report to the President on the status of the
agency's efforts to advance diversity, equity, inclusion, and
accessibility within the agency, and the agency's success in
implementing the Agency DEIA Strategic Plan. Consistent with guidance
issued as part of the Government-wide DEIA Plan, the agency head shall
also make available to the general public information on efforts to
advance diversity, equity, inclusion, and accessibility in the agency's
workforce;
(d) oversee, and provide resources and staffing to support, the
implementation of the Agency DEIA Strategic Plan;
(e) enhance diversity, equity, inclusion, and accessibility within
the agency, in collaboration with the agency's senior officials and
consistent with applicable law and merit system principles;
(f) seek opportunities to establish a position of chief diversity
officer or diversity and inclusion officer (as distinct from an equal
employment opportunity officer), with sufficient seniority to coordinate
efforts to promote diversity, equity, inclusion, and accessibility
within the agency;
(g) strongly consider for employment, to the extent permitted by
applicable law, qualified applicants of any background who have advanced
diversity, equity, inclusion, and accessibility in the workplace; and
(h) in coordination with OMB, seek opportunities to ensure alignment
across various organizational performance planning requirements and
efforts by integrating the Agency DEIA Strategic Plan and diversity,
equity, inclusion, and accessibility goals into broader agency strategic
planning efforts described in 5 U.S.C. 306 and the agency performance
planning described in 31 U.S.C. 1115.
Sec. 5. Data Collection. (a) The head of each agency shall take a data-
driven approach to advancing policies that promote diversity, equity,
inclusion, and accessibility within the agency's workforce, while
protecting the privacy of employees and safeguarding all personally
identifiable information and protected health information.
(b) Using Federal standards governing the collection, use, and
analysis of demographic data (such as OMB Directive No. 15 (Standards
for Maintaining, Collecting, and Presenting Federal Data on Race and
Ethnicity) and OMB Memorandum M-14-06 (Guidance for Providing and Using
Administrative Data for Statistical Purposes)), the head of each agency
shall measure demographic representation and trends related to diversity
in the agency's overall workforce composition, senior workforce
composition, employment applications, hiring decisions, promotions, pay
and compensation, professional development programs, and attrition
rates.
(c) The Director of OPM, the Chair of the EEOC, and the Deputy
Director for Management of OMB shall review existing guidance,
regulations, policies, and practices (for purposes of this section,
``guidance'') that govern agency collection of demographic data about
Federal employees, and consider issuing, modifying, or revoking such
guidance in order to expand the collection of such voluntarily self-
reported data and more effectively measure the representation of
underserved communities in the Federal workforce. In revisiting or
issuing any such guidance, the Director of OPM, the Chair of the EEOC,
and the Deputy Director for Management of OMB shall take steps to
promote the protection of privacy and to safeguard personally
[[Page 603]]
identifiable information; facilitate intersectional analysis; and reduce
duplicative reporting requirements. In considering whether to revisit or
issue such guidance, the Director of OPM, the Chair of the EEOC, and the
Deputy Director for Management of OMB shall consult with the Chief
Statistician of the United States, the Chair of the Chief Data Officers
Council, and the Co-Chairs of the Interagency Working Group on Equitable
Data established in section 9 of Executive Order 13985.
(d) The head of each agency shall implement any such revised
guidance issued pursuant to subsection (c) of this section to expand the
collection of voluntarily self-reported demographic data. The head of
each agency shall also take steps to ensure that data collection and
analysis practices allow for the capture or presence of multiple
attributes and identities to ensure an intersectional analysis.
(e) The head of each agency shall collect and analyze voluntarily
self-reported demographic data regarding the membership of advisory
committees, commissions, and boards in a manner consistent with
applicable law, including privacy and confidentiality protections, and
with statistical standards where applicable. For agencies that have
external advisory committees, commissions, or boards to which agencies
appoint members, agency heads shall pursue opportunities to increase
diversity, equity, inclusion, and accessibility on such committees,
commissions, and boards.
Sec. 6. Promoting Paid Internships. (a) The Director of OPM and the
Deputy Director for Management of OMB shall issue guidance to agencies
and the Executive Office of the President with respect to internships
and similar programs within the Federal Government, including guidance
on how to:
(i) increase the availability of paid internships, fellowships, and
apprenticeships, and reduce the practice of hiring interns, fellows, and
apprentices who are unpaid;
(ii) ensure that internships, fellowships, and apprenticeships serve as a
supplement to, and not a substitute for, the competitive hiring process;
(iii) ensure that internships, fellowships, and apprenticeships serve to
develop individuals' talent, knowledge, and skills for careers in
government service;
(iv) improve outreach to and recruitment of individuals from underserved
communities for internship, fellowship, and apprenticeship programs; and
(v) ensure all interns, fellows, and apprentices with disabilities,
including applicants and candidates, have a process for requesting and
obtaining reasonable accommodations to support their work in the Federal
Government, without regard to whether such individuals are covered by the
Rehabilitation Act of 1973, Public Law 93-112.
(b) The head of each agency shall, as part of the annual reporting
process described in section 4(c) of this order, measure and report on
the agency's progress with respect to the matters described in
subsection (a) of this section.
Sec. 7. Partnerships and Recruitment. (a) The Director of the Office of
Science and Technology Policy (OSTP), the Director of OPM, and the
Deputy Director for Management of OMB, in consultation with the Chair of
the
[[Page 604]]
EEOC, shall coordinate a Government-wide initiative to strengthen
partnerships (Partnerships Initiative) to facilitate recruitment for
Federal employment opportunities of individuals who are members of
underserved communities. To carry out the Partnerships Initiative, the
Director of OSTP, the Director of OPM, and the Deputy Director for
Management of OMB shall take steps to increase diversity in the Federal
employment pipeline by supporting and guiding agencies in building or
strengthening partnerships with Historically Black Colleges and
Universities, including Historically Black Graduate Institutions;
Hispanic-Serving Institutions; Tribal Colleges and Universities; Native
American-serving, nontribal institutions; Asian American and Pacific
Islander-serving institutions; Tribally controlled colleges and
universities; Alaska Native-serving and Native Hawaiian-serving
institutions; Predominantly Black Institutions; women's colleges and
universities; State vocational rehabilitation agencies that serve
individuals with disabilities; disability services offices at
institutions of higher education; organizations dedicated to serving
veterans; public and non-profit private universities serving a high
percentage of economically disadvantaged students or first-generation
college or graduate students; community colleges and technical schools;
and community-based organizations that are dedicated to serving and
working with underserved communities, including return-to-work programs,
programs that provide training and support for older adults seeking
employment, programs serving formerly incarcerated individuals, centers
for independent living, disability rights organizations, and
organizations dedicated to serving LGBTQ+ individuals.
(b) The head of each agency shall work with the Director of OSTP,
the Director of OPM, and the Deputy Director for Management of OMB to
make employment, internship, fellowship, and apprenticeship
opportunities available through the Partnerships Initiative, and shall
take steps to enhance recruitment efforts through the Partnerships
Initiative, as part of the agency's overall recruitment efforts. The
head of each agency shall, as part of the reporting processes described
in sections 3(c) and 4(c) of this order, measure and report on the
agency's progress on carrying out this subsection.
Sec. 8. Professional Development and Advancement. (a) The Director of
OPM, in consultation with the Deputy Director for Management of OMB,
shall issue detailed guidance to agencies for tracking demographic data
relating to participation in leadership and professional development
programs and development opportunities offered or sponsored by agencies
and the rate of the placement of participating employees into senior
positions in agencies, in a manner consistent with privacy and
confidentiality protections and statistical limitations.
(b) The head of each agency shall implement the guidance issued
pursuant to subsection (a) of this section, and shall use demographic
data relating to participation in professional development programs to
identify ways to improve outreach and recruitment for professional
development programs offered or sponsored by the agency, consistent with
merit system principles. The head of each agency shall also address any
barriers to access to or participation in such programs faced by members
of underserved communities.
Sec. 9. Training and Learning. (a) The head of each agency shall take
steps to implement or increase the availability and use of diversity,
equity, inclusion, and accessibility training programs for employees,
managers, and
[[Page 605]]
leadership. Such training programs should enable Federal employees,
managers, and leaders to have knowledge of systemic and institutional
racism and bias against underserved communities, be supported in
building skillsets to promote respectful and inclusive workplaces and
eliminate workplace harassment, have knowledge of agency accessibility
practices, and have increased understanding of implicit and unconscious
bias.
(b) The Director of OPM and the Chair of the EEOC shall issue
guidance and serve as a resource and repository for best practices for
agencies to develop or enhance existing diversity, equity, inclusion,
and accessibility training programs.
Sec. 10. Advancing Equity for Employees with Disabilities. (a) As
established in Executive Order 13548 of July 26, 2010 (Increasing
Federal Employment of Individuals with Disabilities), the Federal
Government must become a model for the employment of individuals with
disabilities. Because a workforce that includes people with disabilities
is a stronger and more effective workforce, agencies must provide an
equitable, accessible, and inclusive environment for employees with
disabilities. In order for Federal employees and applicants with
disabilities to be assessed on their merits, accessible information
technologies must be provided and, where needed, reasonable
accommodations must be available that will allow qualified individuals
with disabilities to perform the essential functions of their positions
and access advancement opportunities. To that end, the relevant agencies
shall take the actions set forth in this section.
(b) The Secretary of Labor, the Director of OPM, the Chair of the
EEOC, the Deputy Director for Management of OMB, and the Executive
Director of the Architectural and Transportation Barriers Compliance
Board (Access Board), in consultation with the Administrator of General
Services, as appropriate, shall coordinate with agencies to:
(i) support the Federal Government's effort to provide people with
disabilities equal employment opportunities and take affirmative actions
within the Federal Government to ensure that agencies fully comply with
applicable laws, including sections 501, 504, and 508 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. 791, 794, 794d);
(ii) assess current practices in using Schedule A hiring authority to
employ people with disabilities in the Federal Government, and evaluate
opportunities to enhance equity in employment opportunities and financial
security for employees with disabilities through different practices or
guidance on the use of Schedule A hiring authority; and
(iii) ensure that:
(A) applicants and employees with disabilities have access to information
about and understand their rights regarding disability self-identification;
(B) applicants and employees with disabilities have access to information
about Schedule A hiring authority for individuals with disabilities;
(C) applicants and employees with disabilities have access to information
about, understand their rights to, and may easily request reasonable
accommodations, workplace personal assistance services, and accessible
information and communication technology;
(D) the process of responding to reasonable accommodation requests is
timely and efficient;
[[Page 606]]
(E) the processes and procedures for appealing the denial of a reasonable
accommodation request are timely and efficient; and
(F) all information and communication technology and products developed,
procured, maintained, or used by Federal agencies are accessible and usable
by employees with disabilities consistent with all standards and technical
requirements of the Rehabilitation Act of 1973.
(c) To ensure that all Federal office buildings and workplaces are
accessible to employees with disabilities, the Administrator of General
Services, the Director of OPM, the Deputy Director for Management of
OMB, and the Executive Director of the Access Board shall work with
Federal agencies to ensure that Federal buildings and leased facilities
comply with the accessibility standards of the Architectural Barriers
Act of 1968, Public Law 90-480, and related standards.
(d) Beyond existing duties to comply with the Architectural Barriers
Act of 1968 and related standards, the head of each agency shall
maximize the accessibility of the physical environment of the agency's
workplaces, consistent with applicable law and the availability of
appropriations, so as to reduce the need for reasonable accommodations,
and provide periodic notice to all employees that complaints concerning
accessibility barriers in Federal buildings can be filed with the Access
Board.
(e) The Secretary of Defense and the Secretary of Labor shall review
the use of the Workforce Recruitment Program (WRP) for college students
and recent graduates with disabilities and take steps, as appropriate
and consistent with applicable law, to expand the WRP. The Secretaries
shall submit a report to the APDP describing any steps taken pursuant to
this subsection and providing recommendations for any Presidential,
administrative, or congressional actions to further expand and
strengthen the program and expand job opportunities.
Sec. 11. Advancing Equity for LGBTQ+ Employees. (a) As established in
Executive Order 13988, it is the policy of my Administration to prevent
and combat discrimination on the basis of gender identity or sexual
orientation. Each Federal employee should be able to openly express
their sexual orientation, gender identity, and gender expression, and
have these identities affirmed and respected, without fear of
discrimination, retribution, or disadvantage. To that end, the relevant
agencies shall take the actions set forth in this section.
(b) The head of each agency shall, in coordination with the Director
of OPM, ensure that existing employee support services equitably serve
LGBTQ+ employees, including, as appropriate, through the provision of
supportive services for transgender and gender non-conforming and non-
binary employees who wish to legally, medically, or socially transition.
(c) To ensure that LGBTQ+ employees (including their beneficiaries
and their eligible dependents), as well as LGBTQ+ beneficiaries and
LGBTQ+ eligible dependents of all Federal employees, have equitable
access to healthcare and health insurance coverage:
(i) the Director of OPM shall take actions to promote equitable healthcare
coverage and services for enrolled LGBTQ+ employees (including their
beneficiaries and their eligible dependents), LGBTQ+ beneficiaries, and
[[Page 607]]
LGBTQ+ eligible dependents, including coverage of comprehensive gender-
affirming care, through the Federal Employees Health Benefits Program; and
(ii) the Secretary of Defense shall take actions to promote equitable
healthcare coverage and services for LGBTQ+ members of the uniformed
services (including their beneficiaries and their eligible dependents),
LGBTQ+ beneficiaries, and LGBTQ+ eligible dependents, including coverage of
comprehensive gender-affirming care, through the Military Health System.
(d) To ensure that LGBTQ+ employees (including their beneficiaries
and their eligible dependents), LGBTQ+ beneficiaries, and LGBTQ+
eligible dependents have equitable access to all other insurance
coverage and employee benefits, the head of each agency shall, in
coordination with the Director of OPM, ensure that the Federal
Government equitably provides insurance coverage options and employee
benefits for LGBTQ+ employees (including their beneficiaries and their
eligible dependents), LGBTQ+ beneficiaries, and LGBTQ+ eligible
dependents, including long-term care insurance, sick leave, and life
insurance. This includes ensuring that Federal benefits, programs, and
services recognize the diversity of family structures.
(e) To ensure that all Federal employees have their respective
gender identities accurately reflected and identified in the workplace:
(i) the head of each agency shall, in coordination with the Director of
OPM, take steps to foster an inclusive environment where all employees'
gender identities are respected, such as by including, where applicable,
non-binary gender marker and pronoun options in Federal hiring, employment,
and benefits enrollment forms;
(ii) the Secretary of Commerce, acting through the Director of the National
Institute of Standards and Technology, shall update, as appropriate and in
consultation with any other relevant agencies, any relevant Federal
employee identification standards to ensure that Federal systems for
issuing employee identity credentials account for the needs of transgender
and gender non-conforming and non-binary employees. The Secretary, in
coordination with any other relevant agencies, shall take steps to reduce
any unnecessary administrative burden for transgender and gender non-
conforming and non-binary employees to update their names, photographs,
gender markers, and pronouns on federally issued employee identity
credentials, where applicable; and
(iii) the head of each agency shall, in consultation with the Director of
OPM, update Federal employee identification standards to include non-binary
gender markers where gender markers are required in employee systems and
profiles, and shall take steps to reduce any unnecessary administrative
burden for transgender and gender non-conforming and non-binary employees
to update their gender markers and pronouns in employee systems and
profiles, where applicable.
(f) To support all Federal employees in accessing workplace
facilities aligned with their gender identities, the head of each agency
shall explore opportunities to expand the availability of gender non-
binary facilities and restrooms in federally owned and leased
workplaces.
[[Page 608]]
(g) The Director of National Intelligence, in consultation with the
Director of OPM and the heads of agencies, shall take steps to mitigate
any barriers in security clearance and background investigation
processes for LGBTQ+ employees and applicants, in particular transgender
and gender non-conforming and non-binary employees and applicants.
(h) The Director of OPM shall review and update, if necessary, OPM's
2017 Guidance Regarding the Employment of Transgender Individuals in the
Federal Workplace.
Sec. 12. Pay Equity. Many workers continue to face racial and gender pay
gaps, and pay inequity disproportionately affects women of color.
Accordingly:
(a) The Director of OPM shall review Government-wide regulations and
guidance and, as appropriate and consistent with applicable law, in
order to address any pay inequities and advance equal pay, consider
whether to:
(i) work with agencies to review, and revise if necessary, job
classification and compensation practices; and
(ii) prohibit agencies from seeking or relying on an applicant's salary
history during the hiring process to set pay or when setting pay for a
current employee, unless salary history is raised without prompting by the
applicant or employee.
(b) The head of each agency that administers a pay system other than
one established under title 5 of the United States Code shall review the
agency's regulations and guidance and, as appropriate and consistent
with applicable law, revise compensation practices in order to address
any pay inequities and advance equal pay. Agencies should report to OPM
any revisions to compensation practices made to implement this
direction.
(c) The Director of OPM shall submit a report to the President
describing any changes to Government-wide and agency-specific
compensation practices recommended and adopted pursuant to this order.
Sec. 13. Expanding Employment Opportunities for Formerly Incarcerated
Individuals. To support equal opportunity for formerly incarcerated
individuals who have served their terms of incarceration and to support
their ability to fully reintegrate into society and make meaningful
contributions to our Nation, the Director of OPM shall evaluate the
existence of any barriers that formerly incarcerated individuals face in
accessing Federal employment opportunities and any effect of those
barriers on the civil service. As appropriate, the Director of OPM shall
also evaluate possible actions to expand Federal employment
opportunities for formerly incarcerated individuals, including the
establishment of a new hiring authority, and shall submit a report to
the President containing the results of OPM's evaluation within 120 days
of the date of this order.
Sec. 14. Delegation of Authority. The Director of OPM is hereby
delegated the authority of the President under sections 3301 and 3302 of
title 5, United States Code, for purposes of carrying out the Director's
responsibilities under this order.
Sec. 15. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) authority granted by law to an executive department or agency, or the
head thereof; or
[[Page 609]]
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) Independent agencies are strongly encouraged to comply with the
provisions of this order.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
June 25, 2021.
Executive Order 14036 of July 9, 2021
Promoting Competition in the American Economy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to promote the
interests of American workers, businesses, and consumers, it is hereby
ordered as follows:
Section 1. Policy. A fair, open, and competitive marketplace has long
been a cornerstone of the American economy, while excessive market
concentration threatens basic economic liberties, democratic
accountability, and the welfare of workers, farmers, small businesses,
startups, and consumers.
The American promise of a broad and sustained prosperity depends on an
open and competitive economy. For workers, a competitive marketplace
creates more high-quality jobs and the economic freedom to switch jobs
or negotiate a higher wage. For small businesses and farmers, it creates
more choices among suppliers and major buyers, leading to more take-home
income, which they can reinvest in their enterprises. For entrepreneurs,
it provides space to experiment, innovate, and pursue the new ideas that
have for centuries powered the American economy and improved our quality
of life. And for consumers, it means more choices, better service, and
lower prices.
Robust competition is critical to preserving America's role as the
world's leading economy.
Yet over the last several decades, as industries have consolidated,
competition has weakened in too many markets, denying Americans the
benefits of an open economy and widening racial, income, and wealth
inequality. Federal Government inaction has contributed to these
problems, with workers, farmers, small businesses, and consumers paying
the price.
Consolidation has increased the power of corporate employers, making it
harder for workers to bargain for higher wages and better work
conditions. Powerful companies require workers to sign non-compete
agreements that restrict their ability to change jobs. And, while many
occupational licenses
[[Page 610]]
are critical to increasing wages for workers and especially workers of
color, some overly restrictive occupational licensing requirements can
impede workers' ability to find jobs and to move between States.
Consolidation in the agricultural industry is making it too hard for
small family farms to survive. Farmers are squeezed between concentrated
market power in the agricultural input industries--seed, fertilizer,
feed, and equipment suppliers--and concentrated market power in the
channels for selling agricultural products. As a result, farmers' share
of the value of their agricultural products has decreased, and poultry
farmers, hog farmers, cattle ranchers, and other agricultural workers
struggle to retain autonomy and to make sustainable returns.
The American information technology sector has long been an engine of
innovation and growth, but today a small number of dominant internet
platforms use their power to exclude market entrants, to extract
monopoly profits, and to gather intimate personal information that they
can exploit for their own advantage. Too many small businesses across
the economy depend on those platforms and a few online marketplaces for
their survival. And too many local newspapers have shuttered or
downsized, in part due to the internet platforms' dominance in
advertising markets.
Americans are paying too much for prescription drugs and healthcare
services--far more than the prices paid in other countries. Hospital
consolidation has left many areas, particularly rural communities, with
inadequate or more expensive healthcare options. And too often, patent
and other laws have been misused to inhibit or delay--for years and even
decades--competition from generic drugs and biosimilars, denying
Americans access to lower-cost drugs.
In the telecommunications sector, Americans likewise pay too much for
broadband, cable television, and other communications services, in part
because of a lack of adequate competition. In the financial-services
sector, consumers pay steep and often hidden fees because of industry
consolidation. Similarly, the global container shipping industry has
consolidated into a small number of dominant foreign-owned lines and
alliances, which can disadvantage American exporters.
The problem of economic consolidation now spans these sectors and many
others, endangering our ability to rebuild and emerge from the
coronavirus disease 2019 (COVID-19) pandemic with a vibrant, innovative,
and growing economy. Meanwhile, the United States faces new challenges
to its economic standing in the world, including unfair competitive
pressures from foreign monopolies and firms that are state-owned or
state-sponsored, or whose market power is directly supported by foreign
governments.
We must act now to reverse these dangerous trends, which constrain the
growth and dynamism of our economy, impair the creation of high-quality
jobs, and threaten America's economic standing in the world.
This order affirms that it is the policy of my Administration to enforce
the antitrust laws to combat the excessive concentration of industry,
the abuses of market power, and the harmful effects of monopoly and
monopsony--especially as these issues arise in labor markets,
agricultural markets, Internet platform industries, healthcare markets
(including insurance, hospital, and prescription drug markets), repair
markets, and United States markets directly affected by foreign cartel
activity.
[[Page 611]]
It is also the policy of my Administration to enforce the antitrust laws
to meet the challenges posed by new industries and technologies,
including the rise of the dominant Internet platforms, especially as
they stem from serial mergers, the acquisition of nascent competitors,
the aggregation of data, unfair competition in attention markets, the
surveillance of users, and the presence of network effects.
Whereas decades of industry consolidation have often led to excessive
market concentration, this order reaffirms that the United States
retains the authority to challenge transactions whose previous
consummation was in violation of the Sherman Antitrust Act (26 Stat.
209, 15 U.S.C. 1 et seq.) (Sherman Act), the Clayton Antitrust Act
(Public Law 63-212, 38 Stat. 730, 15 U.S.C. 12 et seq.) (Clayton Act),
or other laws. See 15 U.S.C. 18; Standard Oil Co. v. United States, 221
U.S. 1 (1911).
This order reasserts as United States policy that the answer to the
rising power of foreign monopolies and cartels is not the tolerance of
domestic monopolization, but rather the promotion of competition and
innovation by firms small and large, at home and worldwide.
It is also the policy of my Administration to support aggressive
legislative reforms that would lower prescription drug prices, including
by allowing Medicare to negotiate drug prices, by imposing inflation
caps, and through other related reforms. It is further the policy of my
Administration to support the enactment of a public health insurance
option.
My Administration further reaffirms the policy stated in Executive Order
13725 of April 15, 2016 (Steps to Increase Competition and Better Inform
Consumers and Workers to Support Continued Growth of the American
Economy), and the Federal Government's commitment to the principles that
led to the passage of the Sherman Act, the Clayton Act, the Packers and
Stockyards Act, 1921 (Public Law 67-51, 42 Stat. 159, 7 U.S.C. 181 et
seq.) (Packers and Stockyards Act), the Celler-Kefauver Antimerger Act
(Public Law 81-899, 64 Stat. 1125), the Bank Merger Act (Public Law 86-
463, 74 Stat. 129, 12 U.S.C. 1828), and the Telecommunications Act of
1996 (Public Law 104-104, 110 Stat. 56), among others.
Sec. 2. The Statutory Basis of a Whole-of-Government Competition Policy.
(a) The antitrust laws, including the Sherman Act, the Clayton Act, and
the Federal Trade Commission Act (Public Law 63-203, 38 Stat. 717, 15
U.S.C. 41 et seq.), are a first line of defense against the
monopolization of the American economy.
(b) The antitrust laws reflect an underlying policy favoring
competition that transcends those particular enactments. As the Supreme
Court has stated, for instance, the Sherman Act ``rests on the premise
that the unrestrained interaction of competitive forces will yield the
best allocation of our economic resources, the lowest prices, the
highest quality and the greatest material progress, while at the same
time providing an environment conducive to the preservation of our
democratic political and social institutions.'' Northern Pac. Ry. Co. v.
United States, 356 U.S. 1, 4 (1958).
(c) Consistent with these broader policies, and in addition to the
traditional antitrust laws, the Congress has also enacted industry-
specific fair competition and anti-monopolization laws that often
provide additional protections. Such enactments include the Packers and
Stockyards Act, the Federal Alcohol Administration Act (Public Law 74-
401, 49 Stat. 977, 27
[[Page 612]]
U.S.C. 201 et seq.), the Bank Merger Act, the Drug Price Competition and
Patent Term Restoration Act of 1984 (Public Law 98-417, 98 Stat. 1585),
the Shipping Act of 1984 (Public Law 98-237, 98 Stat. 67, 46 U.S.C.
40101 et seq.) (Shipping Act), the ICC Termination Act of 1995 (Public
Law 104-88, 109 Stat. 803), the Telecommunications Act of 1996, the
Fairness to Contact Lens Consumers Act (Public Law 108-164, 117 Stat.
2024, 15 U.S.C. 7601 et seq.), and the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203, 124 Stat. 1376) (Dodd-Frank
Act).
(d) These statutes independently charge a number of executive
departments and agencies (agencies) to protect conditions of fair
competition in one or more ways, including by:
(i) policing unfair, deceptive, and abusive business practices;
(ii) resisting consolidation and promoting competition within industries
through the independent oversight of mergers, acquisitions, and joint
ventures;
(iii) promulgating rules that promote competition, including the market
entry of new competitors; and
(iv) promoting market transparency through compelled disclosure of
information.
(e) The agencies that administer such or similar authorities include
the Department of the Treasury, the Department of Agriculture, the
Department of Health and Human Services, the Department of
Transportation, the Federal Reserve System, the Federal Trade Commission
(FTC), the Securities and Exchange Commission, the Federal Deposit
Insurance Corporation, the Federal Communications Commission, the
Federal Maritime Commission, the Commodity Futures Trading Commission,
the Federal Energy Regulatory Commission, the Consumer Financial
Protection Bureau, and the Surface Transportation Board.
(f) Agencies can influence the conditions of competition through
their exercise of regulatory authority or through the procurement
process. See 41 U.S.C. 1705.
(g) This order recognizes that a whole-of-government approach is
necessary to address overconcentration, monopolization, and unfair
competition in the American economy. Such an approach is supported by
existing statutory mandates. Agencies can and should further the polices
set forth in section 1 of this order by, among other things, adopting
pro-competitive regulations and approaches to procurement and spending,
and by rescinding regulations that create unnecessary barriers to entry
that stifle competition.
Sec. 3. Agency Cooperation in Oversight, Investigation, and Remedies.
(a) The Congress frequently has created overlapping agency jurisdiction
in the policing of anticompetitive conduct and the oversight of mergers.
It is the policy of my Administration that, when agencies have
overlapping jurisdiction, they should endeavor to cooperate fully in the
exercise of their oversight authority, to benefit from the respective
expertise of the agencies and to improve Government efficiency.
(b) Where there is overlapping jurisdiction over particular cases,
conduct, transactions, or industries, agencies are encouraged to
coordinate their efforts, as appropriate and consistent with applicable
law, with respect to:
[[Page 613]]
(i) the investigation of conduct potentially harmful to competition;
(ii) the oversight of proposed mergers, acquisitions, and joint ventures;
and
(iii) the design, execution, and oversight of remedies.
(c) The means of cooperation in cases of overlapping jurisdiction
should include, as appropriate and consistent with applicable law:
(i) sharing relevant information and industry data;
(ii) in the case of major transactions, soliciting and giving significant
consideration to the views of the Attorney General or the Chair of the FTC,
as applicable; and
(iii) cooperating with any concurrent Department of Justice or FTC
oversight activities under the Sherman Act or Clayton Act.
(d) Nothing in subsections (a) through (c) of this section shall be
construed to suggest that the statutory standard applied by an agency,
or its independent assessment under that standard, should be displaced
or substituted by the judgment of the Attorney General or the Chair of
the FTC. When their views are solicited, the Attorney General and the
Chair of the FTC are encouraged to provide a response to the agency in
time for the agency to consider it in advance of any statutory deadline
for agency action.
Sec. 4. The White House Competition Council. (a) There is established a
White House Competition Council (Council) within the Executive Office of
the President.
(b) The Council shall coordinate, promote, and advance Federal
Government efforts to address overconcentration, monopolization, and
unfair competition in or directly affecting the American economy,
including efforts to:
(i) implement the administrative actions identified in this order;
(ii) develop procedures and best practices for agency cooperation and
coordination on matters of overlapping jurisdiction, as described in
section 3 of this order;
(iii) identify and advance any additional administrative actions necessary
to further the policies set forth in section 1 of this order; and
(iv) identify any potential legislative changes necessary to further the
policies set forth in section 1 of this order.
(c) The Council shall work across agencies to provide a coordinated
response to overconcentration, monopolization, and unfair competition in
or directly affecting the American economy. The Council shall also work
with each agency to ensure that agency operations are conducted in a
manner that promotes fair competition, as appropriate and consistent
with applicable law.
(d) The Council shall not discuss any current or anticipated
enforcement actions.
(e) The Council shall be led by the Assistant to the President for
Economic Policy and Director of the National Economic Council, who shall
serve as Chair of the Council.
(f) In addition to the Chair, the Council shall consist of the
following members:
[[Page 614]]
(i) the Secretary of the Treasury;
(ii) the Secretary of Defense;
(iii) the Attorney General;
(iv) the Secretary of Agriculture;
(v) the Secretary of Commerce;
(vi) the Secretary of Labor;
(vii) the Secretary of Health and Human Services;
(viii) the Secretary of Transportation;
(ix) the Administrator of the Office of Information and Regulatory Affairs;
and
(x) the heads of such other agencies and offices as the Chair may from time
to time invite to participate.
(g) The Chair shall invite the participation of the Chair of the
FTC, the Chair of the Federal Communications Commission, the Chair of
the Federal Maritime Commission, the Director of the Consumer Financial
Protection Bureau, and the Chair of the Surface Transportation Board, to
the extent consistent with their respective statutory authorities and
obligations.
(h) Members of the Council shall designate, not later than 30 days
after the date of this order, a senior official within their respective
agency or office who shall coordinate with the Council and who shall be
responsible for overseeing the agency's or office's efforts to address
overconcentration, monopolization, and unfair competition. The Chair may
coordinate subgroups consisting exclusively of Council members or their
designees, as appropriate.
(i) The Council shall meet on a semi-annual basis unless the Chair
determines that a meeting is unnecessary.
(j) Each agency shall bear its own expenses for participating in the
Council.
Sec. 5. Further Agency Responsibilities. (a) The heads of all agencies
shall consider using their authorities to further the policies set forth
in section 1 of this order, with particular attention to:
(i) the influence of any of their respective regulations, particularly any
licensing regulations, on concentration and competition in the industries
under their jurisdiction; and
(ii) the potential for their procurement or other spending to improve the
competitiveness of small businesses and businesses with fair labor
practices.
(b) The Attorney General, the Chair of the FTC, and the heads of
other agencies with authority to enforce the Clayton Act are encouraged
to enforce the antitrust laws fairly and vigorously.
(c) To address the consolidation of industry in many markets across
the economy, as described in section 1 of this order, the Attorney
General and the Chair of the FTC are encouraged to review the horizontal
and vertical merger guidelines and consider whether to revise those
guidelines.
[[Page 615]]
(d) To avoid the potential for anticompetitive extension of market
power beyond the scope of granted patents, and to protect standard-
setting processes from abuse, the Attorney General and the Secretary of
Commerce are encouraged to consider whether to revise their position on
the intersection of the intellectual property and antitrust laws,
including by considering whether to revise the Policy Statement on
Remedies for Standards-Essential Patents Subject to Voluntary F/RAND
Commitments issued jointly by the Department of Justice, the United
States Patent and Trademark Office, and the National Institute of
Standards and Technology on December 19, 2019.
(e) To ensure Americans have choices among financial institutions
and to guard against excessive market power, the Attorney General, in
consultation with the Chairman of the Board of Governors of the Federal
Reserve System, the Chairperson of the Board of Directors of the Federal
Deposit Insurance Corporation, and the Comptroller of the Currency, is
encouraged to review current practices and adopt a plan, not later than
180 days after the date of this order, for the revitalization of merger
oversight under the Bank Merger Act and the Bank Holding Company Act of
1956 (Public Law 84-511, 70 Stat. 133, 12 U.S.C. 1841 et seq.) that is
in accordance with the factors enumerated in 12 U.S.C. 1828(c) and
1842(c).
(f) To better protect workers from wage collusion, the Attorney
General and the Chair of the FTC are encouraged to consider whether to
revise the Antitrust Guidance for Human Resource Professionals of
October 2016.
(g) To address agreements that may unduly limit workers' ability to
change jobs, the Chair of the FTC is encouraged to consider working with
the rest of the Commission to exercise the FTC's statutory rulemaking
authority under the Federal Trade Commission Act to curtail the unfair
use of non-compete clauses and other clauses or agreements that may
unfairly limit worker mobility.
(h) To address persistent and recurrent practices that inhibit
competition, the Chair of the FTC, in the Chair's discretion, is also
encouraged to consider working with the rest of the Commission to
exercise the FTC's statutory rulemaking authority, as appropriate and
consistent with applicable law, in areas such as:
(i) unfair data collection and surveillance practices that may damage
competition, consumer autonomy, and consumer privacy;
(ii) unfair anticompetitive restrictions on third-party repair or self-
repair of items, such as the restrictions imposed by powerful manufacturers
that prevent farmers from repairing their own equipment;
(iii) unfair anticompetitive conduct or agreements in the prescription drug
industries, such as agreements to delay the market entry of generic drugs
or biosimilars;
(iv) unfair competition in major Internet marketplaces;
(v) unfair occupational licensing restrictions;
(vi) unfair tying practices or exclusionary practices in the brokerage or
listing of real estate; and
(vii) any other unfair industry-specific practices that substantially
inhibit competition.
(i) The Secretary of Agriculture shall:
[[Page 616]]
(i) to address the unfair treatment of farmers and improve conditions of
competition in the markets for their products, consider initiating a
rulemaking or rulemakings under the Packers and Stockyards Act to
strengthen the Department of Agriculture's regulations concerning unfair,
unjustly discriminatory, or deceptive practices and undue or unreasonable
preferences, advantages, prejudices, or disadvantages, with the purpose of
furthering the vigorous implementation of the law established by the
Congress in 1921 and fortified by amendments. In such rulemaking or
rulemakings, the Secretary of Agriculture shall consider, among other
things:
(A) providing clear rules that identify recurrent practices in the
livestock, meat, and poultry industries that are unfair, unjustly
discriminatory, or deceptive and therefore violate the Packers and
Stockyards Act;
(B) reinforcing the long-standing Department of Agriculture
interpretation that it is unnecessary under the Packers and Stockyards Act
to demonstrate industry-wide harm to establish a violation of the Act and
that the ``unfair, unjustly discriminatory, or deceptive'' treatment of one
farmer, the giving to one farmer of an ``undue or unreasonable preference
or advantage,'' or the subjection of one farmer to an ``undue or
unreasonable prejudice or disadvantage in any respect'' violates the Act;
(C) prohibiting unfair practices related to grower ranking systems--
systems in which the poultry companies, contractors, or dealers exercise
extraordinary control over numerous inputs that determine the amount
farmers are paid and require farmers to assume the risk of factors outside
their control, leaving them more economically vulnerable;
(D) updating the appropriate definitions or set of criteria, or
application thereof, for undue or unreasonable preferences, advantages,
prejudices, or disadvantages under the Packers and Stockyards Act; and
(E) adopting, to the greatest extent possible and as appropriate and
consistent with applicable law, appropriate anti-retaliation protections,
so that farmers may assert their rights without fear of retribution;
(ii) to ensure consumers have accurate, transparent labels that enable them
to choose products made in the United States, consider initiating a
rulemaking to define the conditions under which the labeling of meat
products can bear voluntary statements indicating that the product is of
United States origin, such as ``Product of USA'';
(iii) to ensure that farmers have greater opportunities to access markets
and receive a fair return for their products, not later than 180 days after
the date of this order, submit a report to the Chair of the White House
Competition Council, with a plan to promote competition in the agricultural
industries and to support value-added agriculture and alternative food
distribution systems through such means as:
(A) the creation or expansion of useful information for farmers, such as
model contracts, to lower transaction costs and help farmers negotiate fair
deals;
(B) measures to encourage improvements in transparency and standards so
that consumers may choose to purchase products that support fair treatment
of farmers and agricultural workers and sustainable agricultural practices;
[[Page 617]]
(C) measures to enhance price discovery, increase transparency, and
improve the functioning of the cattle and other livestock markets;
(D) enhanced tools, including any new legislative authorities needed, to
protect whistleblowers, monitor agricultural markets, and enforce relevant
laws;
(E) any investments or other support that could bolster competition
within highly concentrated agricultural markets; and
(F) any other means that the Secretary of Agriculture deems appropriate;
(iv) to improve farmers' and smaller food processors' access to retail
markets, not later than 300 days after the date of this order, in
consultation with the Chair of the FTC, submit a report to the Chair of the
White House Competition Council, on the effect of retail concentration and
retailers' practices on the conditions of competition in the food
industries, including any practices that may violate the Federal Trade
Commission Act, the Robinson-Patman Act (Public Law 74-692, 49 Stat. 1526,
15 U.S.C. 13 et seq.), or other relevant laws, and on grants, loans, and
other support that may enhance access to retail markets by local and
regional food enterprises; and
(v) to help ensure that the intellectual property system, while
incentivizing innovation, does not also unnecessarily reduce competition in
seed and other input markets beyond that reasonably contemplated by the
Patent Act (see 35 U.S.C. 100 et seq. and 7 U.S.C. 2321 et seq.), in
consultation with the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office, submit a
report to the Chair of the White House Competition Council, enumerating and
describing any relevant concerns of the Department of Agriculture and
strategies for addressing those concerns across intellectual property,
antitrust, and other relevant laws.
(j) To protect the vibrancy of the American markets for beer, wine,
and spirits, and to improve market access for smaller, independent, and
new operations, the Secretary of the Treasury, in consultation with the
Attorney General and the Chair of the FTC, not later than 120 days after
the date of this order, shall submit a report to the Chair of the White
House Competition Council, assessing the current market structure and
conditions of competition, including an assessment of any threats to
competition and barriers to new entrants, including:
(i) any unlawful trade practices in the beer, wine, and spirits markets,
such as certain exclusionary, discriminatory, or anticompetitive
distribution practices, that hinder smaller and independent businesses or
new entrants from distributing their products;
(ii) patterns of consolidation in production, distribution, or retail beer,
wine, and spirits markets; and
(iii) any unnecessary trade practice regulations of matters such as bottle
sizes, permitting, or labeling that may unnecessarily inhibit competition
by increasing costs without serving any public health, informational, or
tax purpose.
[[Page 618]]
(k) To follow up on the foregoing assessment, the Secretary of the
Treasury, through the Administrator of the Alcohol and Tobacco Tax and
Trade Bureau, shall, not later than 240 days after the date of this
order, consider:
(i) initiating a rulemaking to update the Alcohol and Tobacco Tax and Trade
Bureau's trade practice regulations;
(ii) rescinding or revising any regulations of the beer, wine, and spirits
industries that may unnecessarily inhibit competition; and
(iii) reducing any barriers that impede market access for smaller and
independent brewers, winemakers, and distilleries.
(l) To promote competition, lower prices, and a vibrant and
innovative telecommunications ecosystem, the Chair of the Federal
Communications Commission is encouraged to work with the rest of the
Commission, as appropriate and consistent with applicable law, to
consider:
(i) adopting through appropriate rulemaking ``Net Neutrality'' rules
similar to those previously adopted under title II of the Communications
Act of 1934 (Public Law 73-416, 48 Stat. 1064, 47 U.S.C. 151 et seq.), as
amended by the Telecommunications Act of 1996, in ``Protecting and
Promoting the Open internet,'' 80 Fed.Reg. 19738 (Apr. 13, 2015);
(ii) conducting future spectrum auctions under rules that are designed to
help avoid excessive concentration of spectrum license holdings in the
United States, so as to prevent spectrum stockpiling, warehousing of
spectrum by licensees, or the creation of barriers to entry, and to improve
the conditions of competition in industries that depend upon radio
spectrum, including mobile communications and radio-based broadband
services;
(iii) providing support for the continued development and adoption of 5G
Open Radio Access Network (O-RAN) protocols and software, continuing to
attend meetings of voluntary and consensus-based standards development
organizations, so as to promote or encourage a fair and representative
standard-setting process, and undertaking any other measures that might
promote increased openness, innovation, and competition in the markets for
5G equipment;
(iv) prohibiting unjust or unreasonable early termination fees for end-user
communications contracts, enabling consumers to more easily switch
providers;
(v) initiating a rulemaking that requires broadband service providers to
display a broadband consumer label, such as that as described in the Public
Notice of the Commission issued on April 4, 2016 (DA 16-357), so as to give
consumers clear, concise, and accurate information regarding provider
prices and fees, performance, and network practices;
(vi) initiating a rulemaking to require broadband service providers to
regularly report broadband price and subscription rates to the Federal
Communications Commission for the purpose of disseminating that information
to the public in a useful manner, to improve price transparency and market
functioning; and
(vii) initiating a rulemaking to prevent landlords and cable and Internet
service providers from inhibiting tenants' choices among providers.
(m) The Secretary of Transportation shall:
[[Page 619]]
(i) to better protect consumers and improve competition, and as appropriate
and consistent with applicable law:
(A) not later than 30 days after the date of this order, appoint or
reappoint members of the Advisory Committee for Aviation Consumer
Protection to ensure fair representation of consumers, State and local
interests, airlines, and airports with respect to the evaluation of
aviation consumer protection programs and convene a meeting of the
Committee as soon as practicable;
(B) promote enhanced transparency and consumer safeguards, as appropriate
and consistent with applicable law, including through potential rulemaking,
enforcement actions, or guidance documents, with the aims of:
(1) enhancing consumer access to airline flight information so
that consumers can more easily find a broader set of available
flights, including by new or lesser known airlines; and
(2) ensuring that consumers are not exposed or subject to
advertising, marketing, pricing, and charging of ancillary fees
that may constitute an unfair or deceptive practice or an unfair
method of competition;
(C) not later than 45 days after the date of this order, submit a report
to the Chair of the White House Competition Council, on the progress of the
Department of Transportation's investigatory and enforcement activities to
address the failure of airlines to provide timely refunds for flights
cancelled as a result of the COVID-19 pandemic;
(D) not later than 45 days after the date of this order, publish for
notice and comment a proposed rule requiring airlines to refund baggage
fees when a passenger's luggage is substantially delayed and other
ancillary fees when passengers pay for a service that is not provided;
(E) not later than 60 days after the date of this order, start
development of proposed amendments to the Department of Transportation's
definitions of ``unfair'' and ``deceptive'' in 49 U.S.C. 41712; and
(F) not later than 90 days after the date of this order, consider
initiating a rulemaking to ensure that consumers have ancillary fee
information, including ``baggage fees,'' ``change fees,'' and
``cancellation fees,'' at the time of ticket purchase;
(ii) to provide consumers with more flight options at better prices and
with improved service, and to extend opportunities for competition and
market entry as the industry evolves:
(A) not later than 30 days after the date of this order, convene a
working group within the Department of Transportation to evaluate the
effectiveness of existing commercial aviation programs, consumer
protections, and rules of the Federal Aviation Administration;
(B) consult with the Attorney General regarding means of enhancing
effective coordination between the Department of Justice and the Department
of Transportation to ensure competition in air transportation and the
ability of new entrants to gain access; and
(C) consider measures to support airport development and increased
capacity and improve airport congestion management, gate access,
implementation of airport competition plans pursuant to 49 U.S.C. 47106(f),
and ``slot'' administration;
[[Page 620]]
(iii) given the emergence of new aerospace-based transportation
technologies, such as low-altitude unmanned aircraft system deliveries,
advanced air mobility, and high-altitude long endurance operations, that
have great potential for American travelers and consumers, yet also the
danger of early monopolization or new air traffic control problems, ensure
that the Department of Transportation takes action with respect to these
technologies to:
(A) facilitate innovation that fosters United States market leadership
and market entry to promote competition and economic opportunity and to
resist monopolization, while also ensuring safety, providing security and
privacy, protecting the environment, and promoting equity; and
(B) provide vigilant oversight over market participants.
(n) To further competition in the rail industry and to provide
accessible remedies for shippers, the Chair of the Surface
Transportation Board (Chair) is encouraged to work with the rest of the
Board to:
(i) consider commencing or continuing a rulemaking to strengthen
regulations pertaining to reciprocal switching agreements pursuant to 49
U.S.C. 11102(c), if the Chair determines such rulemaking to be in the
public interest or necessary to provide competitive rail service;
(ii) consider rulemakings pertaining to any other relevant matter of
competitive access, including bottleneck rates, interchange commitments, or
other matters, consistent with the policies set forth in section 1 of this
order;
(iii) to ensure that passenger rail service is not subject to unwarranted
delays and interruptions in service due to host railroads' failure to
comply with the required preference for passenger rail, vigorously enforce
new on-time performance requirements adopted pursuant to the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-423, 122 Stat. 4907)
that will take effect on July 1, 2021, and further the work of the
passenger rail working group formed to ensure that the Surface
Transportation Board will fully meet its obligations; and
(iv) in the process of determining whether a merger, acquisition, or other
transaction involving rail carriers is consistent with the public interest
under 49 U.S.C. 11323-25, consider a carrier's fulfillment of its
responsibilities under 49 U.S.C. 24308 (relating to Amtrak's statutory
rights).
(o) The Chair of the Federal Maritime Commission is encouraged to
work with the rest of the Commission to:
(i) vigorously enforce the prohibition of unjust and unreasonable practices
in the context of detention and demurrage pursuant to the Shipping Act, as
clarified in ``Interpretive Rule on Demurrage and Detention Under the
Shipping Act,'' 85 Fef. Reg. 29638 (May 18, 2020);
(ii) request from the National Shipper Advisory Committee recommendations
for improving detention and demurrage practices and enforcement of related
Shipping Act prohibitions; and
(iii) consider further rulemaking to improve detention and demurrage
practices and enforcement of related Shipping Act prohibitions.
(p) The Secretary of Health and Human Services shall:
[[Page 621]]
(i) to promote the wide availability of low-cost hearing aids, not later
than 120 days after the date of this order, publish for notice and comment
a proposed rule on over-the-counter hearing-aids, as called for by section
709 of the FDA Reauthorization Act of 2017 (Public Law 115-52, 131 Stat.
1005);
(ii) support existing price transparency initiatives for hospitals, other
providers, and insurers along with any new price transparency initiatives
or changes made necessary by the No Surprises Act (Public Law 116-260, 134
Stat. 2758) or any other statutes;
(iii) to ensure that Americans can choose health insurance plans that meet
their needs and compare plan offerings, implement standardized options in
the national Health Insurance Marketplace and any other appropriate
mechanisms to improve competition and consumer choice;
(iv) not later than 45 days after the date of this order, submit a report
to the Assistant to the President for Domestic Policy and Director of the
Domestic Policy Council and to the Chair of the White House Competition
Council, with a plan to continue the effort to combat excessive pricing of
prescription drugs and enhance domestic pharmaceutical supply chains, to
reduce the prices paid by the Federal Government for such drugs, and to
address the recurrent problem of price gouging;
(v) to lower the prices of and improve access to prescription drugs and
biologics, continue to promote generic drug and biosimilar competition, as
contemplated by the Drug Competition Action Plan of 2017 and Biosimilar
Action Plan of 2018 of the Food and Drug Administration (FDA), including
by:
(A) continuing to clarify and improve the approval framework for generic
drugs and biosimilars to make generic drug and biosimilar approval more
transparent, efficient, and predictable, including improving and clarifying
the standards for interchangeability of biological products;
(B) as authorized by the Advancing Education on Biosimilars Act of 2021
(Public Law 117-8, 135 Stat. 254, 42 U.S.C. 263-1), supporting biosimilar
product adoption by providing effective educational materials and
communications to improve understanding of biosimilar and interchangeable
products among healthcare providers, patients, and caregivers;
(C) to facilitate the development and approval of biosimilar and
interchangeable products, continuing to update the FDA's biologics
regulations to clarify existing requirements and procedures related to the
review and submission of Biologics License Applications by advancing the
``Biologics Regulation Modernization'' rulemaking (RIN 0910-AI14); and
(D) with the Chair of the FTC, identifying and addressing any efforts to
impede generic drug and biosimilar competition, including but not limited
to false, misleading, or otherwise deceptive statements about generic drug
and biosimilar products and their safety or effectiveness;
(vi) to help ensure that the patent system, while incentivizing innovation,
does not also unjustifiably delay generic drug and biosimilar competition
beyond that reasonably contemplated by applicable law, not later than 45
days after the date of this order, through the Commissioner of Food and
Drugs, write a letter to the Under Secretary of Commerce
[[Page 622]]
for Intellectual Property and Director of the United States Patent and
Trademark Office enumerating and describing any relevant concerns of the
FDA;
(vii) to support the market entry of lower-cost generic drugs and
biosimilars, continue the implementation of the law widely known as the
CREATES Act of 2019 (Public Law 116-94, 133 Stat. 3130), by:
(A) promptly issuing Covered Product Authorizations (CPAs) to assist
product developers with obtaining brand-drug samples; and
(B) issuing guidance to provide additional information for industry about
CPAs; and
(viii) through the Administrator of the Centers for Medicare and Medicaid
Services, prepare for Medicare and Medicaid coverage of interchangeable
biological products, and for payment models to support increased
utilization of generic drugs and biosimilars.
(q) To reduce the cost of covered products to the American consumer
without imposing additional risk to public health and safety, the
Commissioner of Food and Drugs shall work with States and Indian Tribes
that propose to develop section 804 Importation Programs in accordance
with the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173, 117 Stat. 2066), and the FDA's implementing
regulations.
(r) The Secretary of Commerce shall:
(i) acting through the Director of the National Institute of Standards and
Technology (NIST), consider initiating a rulemaking to require agencies to
report to NIST, on an annual basis, their contractors' utilization
activities, as reported to the agencies under 35 U.S.C. 202(c)(5);
(ii) acting through the Director of NIST, consistent with the policies set
forth in section 1 of this order, consider not finalizing any provisions on
march-in rights and product pricing in the proposed rule ``Rights to
Federally Funded Inventions and Licensing of Government Owned Inventions,''
86 Fed. Reg. 35 (Jan. 4, 2021); and
(iii) not later than 1 year after the date of this order, in consultation
with the Attorney General and the Chair of the Federal Trade Commission,
conduct a study, including by conducting an open and transparent
stakeholder consultation process, of the mobile application ecosystem, and
submit a report to the Chair of the White House Competition Council,
regarding findings and recommendations for improving competition, reducing
barriers to entry, and maximizing user benefit with respect to the
ecosystem.
(s) The Secretary of Defense shall:
(i) ensure that the Department of Defense's assessment of the economic
forces and structures shaping the capacity of the national security
innovation base pursuant to section 889(a) and (b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283, 134 Stat. 3388) is consistent with the policy set forth in
section 1 of this order;
(ii) not later than 180 days after the date of this order, submit to the
Chair of the White House Competition Council, a review of the state of
[[Page 623]]
competition within the defense industrial base, including areas where a
lack of competition may be of concern and any recommendations for improving
the solicitation process, consistent with the goal of the Competition in
Contracting Act of 1984 (Public Law 98-369, 98 Stat. 1175); and
(iii) not later than 180 days after the date of this order, submit a report
to the Chair of the White House Competition Council, on a plan for avoiding
contract terms in procurement agreements that make it challenging or
impossible for the Department of Defense or service members to repair their
own equipment, particularly in the field.
(t) The Director of the Consumer Financial Protection Bureau,
consistent with the pro-competition objectives stated in section 1021 of
the Dodd-Frank Act, is encouraged to consider:
(i) commencing or continuing a rulemaking under section 1033 of the Dodd-
Frank Act to facilitate the portability of consumer financial transaction
data so consumers can more easily switch financial institutions and use
new, innovative financial products; and
(ii) enforcing the prohibition on unfair, deceptive, or abusive acts or
practices in consumer financial products or services pursuant to section
1031 of the Dodd-Frank Act so as to ensure that actors engaged in unlawful
activities do not distort the proper functioning of the competitive process
or obtain an unfair advantage over competitors who follow the law.
(u) The Director of the Office of Management and Budget, through the
Administrator of the Office of Information and Regulatory Affairs, shall
incorporate into its recommendations for modernizing and improving
regulatory review required by my Memorandum of January 20, 2021
(Modernizing Regulatory Review), the policies set forth in section 1 of
this order, including consideration of whether the effects on
competition and the potential for creation of barriers to entry should
be included in regulatory impact analyses.
(v) The Secretary of the Treasury shall:
(i) direct the Office of Economic Policy, in consultation with the Attorney
General, the Secretary of Labor, and the Chair of the FTC, to submit a
report to the Chair of the White House Competition Council, not later than
180 days after the date of this order, on the effects of lack of
competition on labor markets; and
(ii) submit a report to the Chair of the White House Competition Council,
not later than 270 days after the date of this order, assessing the effects
on competition of large technology firms' and other non-bank companies'
entry into consumer finance markets.
Sec. 6. General Provisions. (a) This order shall be implemented
consistent with applicable law and subject to the availability of
appropriations.
(b) Where not already specified, independent agencies are encouraged
to comply with the requirements of this order.
(c) Nothing in this order shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
[[Page 624]]
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
July 9, 2021.
Executive Order 14037 of August 5, 2021
Strengthening American Leadership in Clean Cars and Trucks
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to promote the
interests of American workers, businesses, consumers, and communities,
it is hereby ordered as follows:
Section 1. Policy. America must lead the world on clean and efficient
cars and trucks. That means bolstering our domestic market by setting a
goal that 50 percent of all new passenger cars and light trucks sold in
2030 be zero-emission vehicles, including battery electric, plug-in
hybrid electric, or fuel cell electric vehicles. My Administration will
prioritize setting clear standards, expanding key infrastructure,
spurring critical innovation, and investing in the American autoworker.
This will allow us to boost jobs--with good pay and benefits--across the
United States along the full supply chain for the automotive sector,
from parts and equipment manufacturing to final assembly.
It is the policy of my Administration to advance these objectives in
order to improve our economy and public health, boost energy security,
secure consumer savings, advance environmental justice, and address the
climate crisis.
Sec. 2. Light-, Medium-, and Certain Heavy-Duty Vehicles Multi-Pollutant
and Fuel Economy Standards for 2027 and Later.
(a) The Administrator of the Environmental Protection Agency (EPA)
shall, as appropriate and consistent with applicable law, consider
beginning work on a rulemaking under the Clean Air Act (42 U.S.C. 7401-
7671q) to establish new multi-pollutant emissions standards, including
for greenhouse gas emissions, for light- and medium-duty vehicles
beginning with model year 2027 and extending through and including at
least model year 2030.
(b) The Secretary of Transportation shall, as appropriate and
consistent with applicable law, consider beginning work on a rulemaking
under the Energy Independence and Security Act of 2007 (Public Law 110-
140, 121 Stat. 1492) (EISA) to establish new fuel economy standards for
passenger cars and light-duty trucks beginning with model year 2027 and
extending through and including at least model year 2030.
(c) The Secretary of Transportation shall, as appropriate and
consistent with applicable law, consider beginning work on a rulemaking
under EISA
[[Page 625]]
to establish new fuel efficiency standards for heavy-duty pickup trucks
and vans beginning with model year 2028 and extending through and
including at least model year 2030.
Sec. 3. Heavy-Duty Engines and Vehicles Multi-Pollutant Standards for
2027 and Later. (a) The Administrator of the EPA shall, as appropriate
and consistent with applicable law, consider beginning work on a
rulemaking under the Clean Air Act to establish new oxides of nitrogen
standards for heavy-duty engines and vehicles beginning with model year
2027 and extending through and including at least model year 2030.
(b) The Administrator of the EPA shall, as appropriate and
consistent with applicable law, and in consideration of the role that
zero-emission heavy-duty vehicles might have in reducing emissions from
certain market segments, consider updating the existing greenhouse gas
emissions standards for heavy-duty engines and vehicles beginning with
model year 2027 and extending through and including at least model year
2029.
Sec. 4. Medium- and Heavy-Duty Engines and Vehicles Greenhouse Gas and
Fuel Efficiency Standards as Soon as 2030 and Later. (a) The
Administrator of the EPA shall, as appropriate and consistent with
applicable law, consider beginning work on a rulemaking under the Clean
Air Act to establish new greenhouse gas emissions standards for heavy-
duty engines and vehicles to begin as soon as model year 2030.
(b) The Secretary of Transportation shall, as appropriate and
consistent with applicable law, consider beginning work on a rulemaking
under EISA to establish new fuel efficiency standards for medium- and
heavy-duty engines and vehicles to begin as soon as model year 2030.
Sec. 5. Rulemaking Targets. (a) With respect to the rulemaking described
in section 3(a) of this order, the Administrator of the EPA shall, as
appropriate and consistent with applicable law, consider issuing a
notice of proposed rulemaking by January 2022 and any final rulemaking
by December 2022.
(b) With respect to the other rulemakings described in section 2 and
section 4 of this order, the Secretary of Transportation and the
Administrator of the EPA shall, as appropriate and consistent with
applicable law, consider issuing any final rulemakings no later than
July 2024.
Sec. 6. Coordination and Engagement. (a) The Secretary of Transportation
and the Administrator of the EPA shall coordinate, as appropriate and
consistent with applicable law, during the consideration of any
rulemakings pursuant to this order.
(b) The Secretary of Transportation and the Administrator of the EPA
shall consult with the Secretaries of Commerce, Labor, and Energy on
ways to achieve the goals laid out in section 1 of this order, to
accelerate innovation and manufacturing in the automotive sector, to
strengthen the domestic supply chain for that sector, and to grow jobs
that provide good pay and benefits.
(c) Given the significant expertise and historical leadership
demonstrated by the State of California with respect to establishing
emissions standards for light-, medium-, and heavy-duty vehicles, the
Administrator of the EPA shall coordinate the agency's activities
pursuant to sections 2 through 4 of this order, as appropriate and
consistent with applicable law, with the State of California as well as
other States that are leading the way in reducing vehicle emissions,
including by adopting California's standards.
[[Page 626]]
(d) In carrying out any of the actions described in this order, the
Secretary of Transportation and the Administrator of the EPA shall seek
input from a diverse range of stakeholders, including representatives
from labor unions, States, industry, environmental justice
organizations, and public health experts.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
August 5, 2021.
Executive Order 14038 of August 9, 2021
Blocking Property of Additional Persons Contributing to the Situation in
Belarus
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), section 212(f)
of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and
section 301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America,
hereby expand the scope of the national emergency declared in Executive
Order 13405 of June 16, 2006 (Blocking Property of Certain Persons
Undermining Democratic Processes or Institutions in Belarus), finding
that the Belarusian regime's harmful activities and long-standing abuses
aimed at suppressing democracy and the exercise of human rights and
fundamental freedoms in Belarus--including illicit and oppressive
activities stemming from the August 9, 2020, fraudulent Belarusian
presidential election and its aftermath, such as the elimination of
political opposition and civil society organizations and the regime's
disruption and endangering of international civil air travel--constitute
an unusual and extraordinary threat to the national security and foreign
policy of the United States.
Accordingly, I hereby order:
Section 1. (a) All property and interests in property that are in the
United States, that hereafter come within the United States, or that are
or hereafter
[[Page 627]]
come within the possession or control of any United States person, of
the following persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in: any person determined by the
Secretary of the Treasury, in consultation with the Secretary of State:
(i) to be or have been a leader, official, senior executive officer, or
member of the board of directors of:
(A) an entity that has, or whose members have, engaged in any of the
activities described in subsections (v)(A)-(E) of this section or section
1(a)(ii)(A)-(C) of Executive Order 13405; or
(B) an entity whose property and interests in property are blocked
pursuant to this order or Executive Order 13405;
(ii) to be a political subdivision, agency, or instrumentality of the
Government of Belarus;
(iii) to be or have been a leader or official of the Government of Belarus;
(iv) to operate or have operated in the defense and related materiel
sector, security sector, energy sector, potassium chloride (potash) sector,
tobacco products sector, construction sector, or transportation sector of
the economy of Belarus, or any other sector of the Belarus economy as may
be determined by the Secretary of the Treasury, in consultation with the
Secretary of State;
(v) to be responsible for or complicit in, or to have directly or
indirectly engaged or attempted to engage in, any of the following:
(A) actions or policies that threaten the peace, security, stability, or
territorial integrity of Belarus;
(B) actions or policies that prohibit, limit, or penalize the exercise of
human rights and fundamental freedoms (including freedoms of expression,
peaceful assembly, association, religion or belief, and movement) by
individuals in Belarus, or that limit access to the internet or print,
online, or broadcast media in Belarus;
(C) electoral fraud or other actions or policies that undermined the
electoral process in a Republic of Belarus election;
(D) deceptive or structured transactions or dealings to circumvent any
United States sanctions by or for or on behalf of, or for the benefit of,
directly or indirectly, the Government of Belarus or any person whose
property and interests in property are blocked pursuant to this order or
Executive Order 13405; or
(E) public corruption related to Belarus.
(vi) 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 (v)(A)-(E) of this
section or any person whose property and interests in property are blocked
pursuant to this order; or
(vii) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, the Government of Belarus or
any person whose property and interests in property are blocked pursuant to
this order.
[[Page 628]]
(b) The prohibitions in subsection (a) of this section apply except
to the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted before the date of this order.
Sec. 2. The prohibitions in section 1 of this order include:
(a) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or
services from any such person.
Sec. 3. I hereby determine that the making of donations of the types of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to section 1(a) of this order would
seriously impair my ability to deal with the national emergency declared
in Executive Order 13405 and expanded in this order, and I hereby
prohibit such donations as provided by section 1 of this order.
Sec. 4. (a) The unrestricted immigrant and nonimmigrant entry into the
United States of noncitizens determined to meet one or more of the
criteria in section l of this order would be detrimental to the
interests of the United States, and the entry of such persons into the
United States, as immigrants or nonimmigrants, is hereby suspended,
except when the Secretary of State or the Secretary of Homeland
Security, as appropriate, determines that the person's entry would not
be contrary to the interests of the United States, including when the
Secretary of State or the Secretary of Homeland Security, as
appropriate, so determines, based on a recommendation of the Attorney
General, that the person's entry would further important United States
law enforcement objectives.
(b) The Secretary of State shall implement this order as it applies
to visas pursuant to such procedures as the Secretary of State, in
consultation with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this order as
it applies to the entry of noncitizens pursuant to such procedures as
the Secretary of Homeland Security, in consultation with the Secretary
of State, may establish.
(d) Such persons shall be treated by this section in the same manner
as persons covered by section 1 of Proclamation 8693 of July 24, 2011
(Suspension of Entry of Aliens Subject to United Nations Security
Council Travel Bans and International Emergency Economic Powers Act
Sanctions).
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 6. For the purposes of this order:
(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
[[Page 629]]
(b) The term ``Government of Belarus'' means the Government of
Belarus, any political subdivision, agency, or instrumentality thereof,
including the National Bank of the Republic of Belarus, and any person
owned, controlled, or directed by, or acting for or on behalf of, the
Government of Belarus;
(c) the term ``noncitizen'' means any person who is not a citizen or
noncitizen national of the United States;
(d) the term ``person'' means an individual or entity; and
(e) the term ``United States person'' means any United States
citizen, lawful permanent resident, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render those measures
ineffectual. I therefore determine that for these measures to be
effective in addressing the national emergency declared in Executive
Order 13405 and expanded in this order, there need be no prior notice of
a listing or determination made pursuant to this order.
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may, consistent
with applicable law, redelegate any of these functions within the
Department of the Treasury. All executive departments and agencies of
the United States shall take all appropriate measures within their
authority to implement this order.
Sec. 9. Nothing in this order shall prohibit transactions for the
conduct of the official business of the Federal Government by employees,
grantees, or contractors thereof.
Sec. 10. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
August 9, 2021.
[[Page 630]]
Executive Order 14039 of August 20, 2021
Blocking Property With Respect to Certain Russian Energy Export
Pipelines
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), the Protecting
Europe's Energy Security Act of 2019 (Title LXXV, National Defense
Authorization Act for Fiscal Year 2020, Public Law 116-92), as amended
by section 1242 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) (PEESA), and section 301 of title 3,
United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, in
order to take additional steps with respect to the national emergency
declared in Executive Order 14024 of April 15, 2021 (Blocking Property
With Respect To Specified Harmful Foreign Activities of the Government
of the Russian Federation), hereby order:
Section 1. (a) With respect to any foreign person identified by the
Secretary of State, in consultation with the Secretary of the Treasury,
in a report to the Congress pursuant to section 7503(a)(1)(B) of PEESA,
all property and interests in property of such person 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 are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in.
(b) Sanctions under subsection (a) of this section shall not apply
to any foreign person with respect to whom a waiver under section
7503(f) of PEESA has been issued.
(c) The prohibitions in subsection (a) of this section apply except
to the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the date of this order.
Sec. 2. The Secretary of State shall implement section 7503(b) of PEESA
as it applies to visas, and the Secretary of Homeland Security shall
implement section 7503(b) of PEESA as it applies to admission and
parole. Such implementation shall be consistent with any exceptions or
waivers provided by statute, or in regulations, orders, or directives
that may be issued pursuant to this order.
Sec. 3. The prohibitions in section 1 of this order include:
(a) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or
services from any such person.
Sec. 4. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.
[[Page 631]]
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 5. I hereby determine that the making of donations of the types of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order would seriously impair my
ability to deal with the national emergency declared in Executive Order
14024, and I hereby prohibit such donations as provided by section 1 of
this order.
Sec. 6. For the purposes of this order:
(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) the term ``foreign person'' means an individual or entity that
is not a United States person;
(c) the term ``person'' means an individual or entity; and
(d) the term ``United States person'' means any United States
citizen, lawful permanent resident, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render those measures
ineffectual. I therefore determine that for these measures to be
effective in addressing the national emergency declared in Executive
Order 14024, there need be no prior notice of a listing or determination
made pursuant to section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA and PEESA, as may be necessary to
carry out the purposes of this order. The Secretary of the Treasury may,
consistent with applicable law, redelegate any of these functions within
the Department of the Treasury. All departments and agencies of the
United States shall take all appropriate measures within their authority
to carry out the provisions of this order.
Sec. 9. Nothing in this order shall prohibit transactions for the
conduct of the official business of the Federal Government or the United
Nations, including its programs, funds, and other entities and bodies,
as well as its specialized agencies and related organizations, by
employees, grantees, and contractors thereof.
Sec. 10. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
[[Page 632]]
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
August 20, 2021.
Executive Order 14040 of September 3, 2021
Declassification Reviews of Certain Documents Concerning the Terrorist
Attacks of September 11, 2001
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby order as follows:
Section 1. Policy. Many Americans continue to seek full accountability
for the horrific attacks of September 11, 2001 (9/11), including 9/11
survivors and victims' family members. As the 20th anniversary of 9/11
approaches, the American people deserve to have a fuller picture of what
their Government knows about those attacks. Although the indiscriminate
release of classified information could jeopardize the national
security--including the United States Government's efforts to protect
against future acts of terrorism--information should not remain
classified when the public interest in disclosure outweighs any damage
to the national security that might reasonably be expected from
disclosure. The significant events in question occurred two decades ago
or longer, and they concern a tragic moment that continues to resonate
in American history and in the lives of so many Americans. It is
therefore critical to ensure that the United States Government maximizes
transparency, relying on classification only when narrowly tailored and
necessary. Thus, information collected and generated in the United
States Government's investigation of the 9/11 terrorist attacks should
now be disclosed, except when the strongest possible reasons counsel
otherwise.
Sec. 2. Declassification Reviews. The Attorney General and the heads of
any other executive departments and agencies (agencies) that originated
relevant information shall complete declassification reviews:
(a) not later than September 11, 2021, of the Federal Bureau of
Investigation (FBI) electronic communication dated April 4, 2016, from
the subfile investigation described in chapter V of the 2015 Report of
the Congressionally-directed 9/11 Review Commission to the Director of
the FBI (subfile investigation), which was identified but withheld in
full during discovery in In re Terrorist Attacks on September 11, 2001,
MDL No. 03-1570 (S.D.N.Y.);
(b) not later than 60 days after the date of this order, of:
[[Page 633]]
(i) all other records that previously were withheld as classified, in full
or in part, during discovery in In re Terrorist Attacks on September 11,
2001; and
(ii) the 2021 FBI electronic communication closing the subfile
investigation;
(c) not later than 120 days after the date of this order, of all
interview reports, analytical documents, documents reporting
investigative findings, or other substantive records (including phone
records and banking records, if any) from the FBI's initial
investigation of the 9/11 terrorist attacks--known as the Pentagon/Twin
Towers Bombings (PENTTBOM) investigation--that reference the individual
subjects of the subfile investigation and may be found through search
terms, keyword identifiers, and other diligent means; and
(d) not later than 180 days after the date of this order, of all
records from any separate FBI investigation other than the PENTTBOM
investigation or the subfile investigation of any individual subjects of
the subfile investigation that are relevant to the 9/11 terrorist
attacks or to any of the individual subjects' connection to an agency
relationship with a foreign government.
Sec. 3. Standards for Declassification. (a) Consistent with Executive
Order 13526 of December 29, 2009 (Classified National Security
Information), the Attorney General or the head of any other agency that
originated the information, as the case may be, shall be responsible for
conducting the declassification reviews and making declassification
determinations for information that originated within their respective
agency. Information may remain classified only if it still requires
protection in the interest of the national security and disclosure of
the information reasonably could be expected to result in damage to the
national security. Information shall not remain classified if there is
significant doubt about the need to maintain its classified status. Nor
shall information remain classified in order to conceal violations of
law, inefficiency, or administrative error or to prevent embarrassment
to a person, organization, or agency.
(b) Even when information requires continued protection in the
interest of the national security, the Attorney General or the head of
any other agency that originated the information, as the case may be,
should determine, as an exercise of discretion, whether the public
interest in disclosure of the information outweighs the damage to the
national security that might reasonably be expected from disclosure.
(c) Upon the completion of the declassification reviews under
section 2 of this order, the Attorney General and the heads of any other
agencies that originated relevant information shall ensure that, as to
all information subject to such reviews but not declassified pursuant to
such reviews:
(i) such information meets the requirements for classification, in
accordance with Executive Order 13526;
(ii) all non-classified information is disentangled from any classified
information and, to the extent practicable, made available to the public
under section 5 of this order; and
[[Page 634]]
(iii) all information is nonetheless declassified, in accordance with
section 3.1 of Executive Order 13526, or any successor order, when the
Attorney General or the head of any other agency that originated the
information, as the case may be, determines that the United States
Government's interest in classification is outweighed by the public's
interest in disclosure.
Sec. 4. Report to the President and the Congressional Intelligence
Committees. Upon completion of each review, the Attorney General, in
consultation with the heads of any other agencies that originated
relevant information, shall submit to the President, through the
Assistant to the President for National Security Affairs, and to the
congressional intelligence committees, reports on the results of the
declassification reviews completed under section 2 of this order,
including a justification for each decision not to declassify
information pursuant to such reviews.
Sec. 5. Public Release. Upon completion of each review, the Attorney
General, in consultation with the heads of any other agencies that
originated relevant information, shall make publicly available
information declassified as a result of the declassification reviews
completed under section 2 of this order, except for information the
disclosure of which would materially impair confidential executive
branch deliberations.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law,
including the Privacy Act, and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 3, 2021.
Executive Order 14041 of September 3, 2021
White House Initiative on Advancing Educational Equity, Excellence, and
Economic Opportunity Through 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, and in order to advance equity in
economic and educational opportunities for all Americans, including
Black
[[Page 635]]
Americans, strengthen the capacity of Historically Black Colleges and
Universities (HBCUs) to provide the highest-quality education, increase
opportunities for these institutions to participate in and benefit from
Federal programs, and ensure that HBCUs can continue to be engines of
opportunity, it is hereby ordered as follows:
Section 1. Policy. HBCUs have a proud history and legacy of achievement.
In the face of discrimination against Black Americans by many
institutions of higher education, HBCUs created pathways to opportunity
and educational excellence for Black students throughout our Nation.
That legacy continues. Today, more than 100 HBCUs, located in 19 States,
the District of Columbia, and the U.S. Virgin Islands, serve nearly
300,000 students annually. HBCUs vary in size and academic focus and
serve a range of diverse students and communities in urban, rural, and
suburban settings.
HBCUs play a vital role in providing educational opportunities,
scholarly growth, and a sense of community for students. HBCU graduates
are barrier-breaking public servants, scientists, artists, lawyers,
engineers, educators, business owners, and leaders. For generations,
HBCUs have been advancing intergenerational economic mobility for Black
families and communities, developing vital academic research, and making
our country more prosperous and equitable. HBCUs are proven means of
advancement for people of all ethnic, racial, and economic backgrounds,
especially Black Americans. HBCUs produce nearly 20 percent of all Black
college graduates and 25 percent of Black graduates who earn degrees in
the disciplines of science, technology, engineering, and math.
HBCUs' successes have come despite many systemic barriers to accessing
resources and opportunities. For example, compared to other higher
education institutions, on average HBCUs educate a greater percentage of
lower-income, Pell-grant eligible students, while receiving less revenue
from tuition and possessing much smaller endowments. Disparities in
resources and opportunities for HBCUs and their students remain, and the
COVID-19 pandemic has highlighted continuing and new challenges. These
challenges include addressing the need for enhanced physical and digital
infrastructure in HBCU communities and ensuring equitable funding for
HBCUs as compared to other institutions of higher education. The Federal
Government must promote a variety of modern solutions for HBCUs,
recognizing that HBCUs are not a monolith, and that the opportunities
and challenges relevant to HBCUs are as diverse as the institutions
themselves and the communities they serve.
It is the policy of my Administration to advance educational equity,
excellence, and economic opportunity in partnership with HBCUs, and to
ensure that these vital institutions of higher learning have the
resources and support to continue to thrive for generations to come.
Sec. 2. White House Initiative on Advancing Educational Equity,
Excellence, and Economic Opportunity through Historically Black Colleges
and Universities. (a) In furtherance of the policy set out in section 1
of this order, there is established in the Department of Education
(Department), the White House Initiative on Advancing Educational
Equity, Excellence, and Economic Opportunity through Historically Black
Colleges and Universities (Initiative), led by an Executive Director
designated by the President and appointed consistent with applicable
law. The Executive Director shall manage the day-to-day operations of
the Initiative, in consultation with the
[[Page 636]]
Assistant to the President and Director of the White House Office of
Public Engagement as appropriate, and coordinate with senior officials
across the Executive Office of the President, who shall lend their
expertise and advice to the Initiative.
(b) The Initiative, in coordination with senior officials across the
Executive Office of the President, shall provide advice to the President
on advancing equity, excellence, and opportunity at HBCUs and for the
communities they principally serve by coordinating a Government-wide
policymaking effort to eliminate barriers HBCUs face in providing the
highest-quality education to a growing number of students. The
Initiative's recommendations shall include advice on advancing policies,
programs, and initiatives that further the policy set out in section 1
of this order.
(i) To support implementation of this Government-wide approach to breaking
down systemic barriers for HBCU participation in Federal Government
programs, the Director of the Office of Management and Budget and the
Assistant to the President for Domestic Policy shall coordinate closely
with the Secretary of Education (Secretary), the Assistant to the President
and Director of the White House Office of Public Engagement, the Executive
Director, and the Chair of the President's Board of Advisors on HBCUs (as
established in section 3 of this order) to ensure that the needs and voices
of HBCUs, their faculty, staff, students, alumni, and the communities they
principally serve are considered in the efforts of my Administration to
advance educational equity, excellence, and opportunity.
(ii) The Initiative shall also perform the following specific functions:
(A) supporting implementation of the HBCU Propelling Agency Relationships
Towards a New Era of Results for Students Act (Public Law 116-270)
(PARTNERS Act);
(B) working closely with the Executive Office of the President on key
Administration priorities related to advancing educational equity,
excellence, and economic opportunity through HBCUs, in partnership with
HBCU leaders, representatives, students, and alumni;
(C) working to break down barriers and expand pathways for HBCUs to
access Federal funding and programs, particularly in areas of research and
development, innovation, and financial and other support to students;
(D) strengthening the capacity of HBCUs to participate in Federal
programs, access Federal resources, including grants and procurement
opportunities, and partner with Federal agencies;
(E) advancing and coordinating efforts to ensure that HBCUs can respond
to and recover from the COVID-19 pandemic and thoroughly support students'
holistic recovery, from academic engagement to social and emotional
wellbeing;
(F) developing new and expanding pre-existing national networks of
individuals, organizations, and communities to share and implement
administrative and programmatic best practices related to advancing
educational equity, excellence, and opportunity at HBCUs;
[[Page 637]]
(G) fostering sustainable public-private and philanthropic partnerships
as well as private-sector initiatives to promote centers of academic
research and program excellence at HBCUs;
(H) strengthening capacity to improve the availability, dissemination,
and quality of information about HBCUs and HBCU students for the American
public;
(I) partnering with private entities, elementary and secondary education
providers, and other stakeholders to build a pipeline for students that may
be interested in attending HBCUs, facilitate HBCU modernization, address
college affordability, and promote degree attainment;
(J) addressing efforts to promote student success and retention,
including college affordability, degree attainment, campus modernization
and infrastructure improvements, and the development of a student
recognition program for high-achieving HBCU students;
(K) encouraging the development of highly qualified, diverse, culturally
responsive educators and administrators reflective of a variety of
communities and backgrounds in order to ensure that students have access to
educators and administrators who celebrate, cultivate, and comprehend the
lived experiences of HBCU students and effectively meet their learning,
social, and emotional needs;
(L) establishing clear plans to strengthen Federal recruitment activities
at HBCUs to build accessible and equitable pathways into Federal service
and talent programs;
(M) meeting regularly with HBCU students, leaders, and representatives to
address matters related to the Initiative's mission and functions; and
(N) hosting the National HBCU Week Conference, for HBCU executive
leaders, faculty, students, alumni, supporters, and other stakeholders to
share information, innovative educational tools and resources, student
success models, and ideas for Federal engagement.
(c) The head of each ``applicable agency,'' as defined in section
3(1) of the PARTNERS Act, shall submit to the Secretary, the Executive
Director, the Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on Education and Labor of the House of
Representatives, and the President's Board of Advisors on HBCUs (as
established in section 3 of this order) an Agency Plan, not later than
February 1 of each year, describing efforts to strengthen the capacity
of HBCUs to participate or be eligible to participate in the programs
and initiatives under the jurisdiction of such applicable agency. The
Agency Plans shall meet the requirements established in section 4(d) of
the PARTNERS Act.
(i) In addition, the Agency Plan shall specifically address any changes to
agency policies and practices that the agency deems necessary or
appropriate to ensure that barriers to participation are addressed and
removed. Each Agency Plan shall include details on grant and contract
funding provided to HBCUs and, where the agency deems necessary or
appropriate, describe plans to address disparities in furtherance of the
objectives of this order.
[[Page 638]]
(ii) The Executive Director shall monitor and evaluate each agency's
progress towards the goals established in its Agency Plan and shall
coordinate with each agency to ensure that its Agency Plan includes
measurable and action-oriented goals.
(d) There is established an Interagency Working Group, which shall
be chaired by the Executive Director and composed of liaisons and
representatives designated by the heads of each applicable agency as
defined in the PARTNERS Act to help advance and coordinate the work
required by this order. Additional members of the Interagency Working
Group shall include senior officials from the Office of the Vice
President, the White House Domestic Policy Council, the White House
Gender Policy Council, the Office of Management and Budget, the White
House Office of Science and Technology Policy, the White House Office of
Public Engagement, and representatives of other components of the
Executive Office of the President, as the Executive Director, in
consultation with the Secretary and the Assistant to the President and
Director of the White House Office of Public Engagement, considers
appropriate. The Interagency Working Group shall collaborate regarding
resources and opportunities available across the Federal Government to
increase educational equity and opportunities for HBCUs. The Executive
Director may establish subgroups of the Interagency Working Group.
(e) The Department shall provide funding and administrative support
for the Initiative and the Interagency Working Group, to the extent
permitted by law and within existing appropriations. To the extent
permitted by law, including the Economy Act (31 U.S.C. 1535), and
subject to the availability of appropriations, other agencies and
offices represented on the Interagency Working Group may detail
personnel to the Initiative, to assist the Department in meeting the
objectives of this order.
(f) To advance shared priorities and policies that advance equity
and economic opportunity for underserved communities, the Initiative
shall collaborate and coordinate with other White House Initiatives
related to equity and economic opportunity.
(g) On an annual basis, the Executive Director shall report to the
President through the Secretary, with the support and consultation of
the Assistant to the President and Director of the White House Office of
Public Engagement as appropriate, on the Initiative's progress in
carrying out its mission and function under this order.
Sec. 3. President's Board of Advisors on Historically Black Colleges and
Universities. (a) There is established in the Department the President's
Board of Advisors on Historically Black Colleges and Universities
(Board). The Board shall fulfill the mission and functions established
in section 5(c) of the PARTNERS Act. The Board shall include sitting
HBCU presidents as well as leaders from a variety of sectors, including
education, philanthropy, business, finance, entrepreneurship,
innovation, science and technology, and private foundations.
(b) The President shall designate one member of the Board to serve
as its Chair, and may designate another member of the Board to serve as
Vice Chair. The Department shall provide funding and administrative
support for the Board to the extent permitted by law and within existing
appropriations.
[[Page 639]]
(c) The Board shall be composed of not more than 21 members
appointed by the President. The Secretary of Education and Executive
Director of the Initiative or their designees shall serve as ex officio
members.
(d) Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App.), may apply to the Board, any functions of the President
under that Act, except that of reporting to the Congress, shall be
performed by the Chair, in accordance with guidelines issued by the
Administrator of General Services.
(e) Members of the Board shall serve without compensation, but may
receive travel expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in the Government
service (5 U.S.C. 5701-5707).
Sec. 4. Administrative Provisions. (a) This order supersedes Executive
Order 13779 of February 28, 2017 (White House Initiative To Promote
Excellence and Innovation at Historically Black Colleges and
Universities), which is hereby revoked. To the extent that there are
other Executive Orders that may conflict with or overlap with the
provisions in this order, the provisions in this order supersede those
prior Executive Orders on these subjects.
(b) As used in this order, the terms ``Historically Black Colleges
and Universities'' and ``HBCUs'' shall mean those institutions listed in
34 C.F.R. 608.2.
(c) The heads of executive departments and agencies shall assist and
provide information to the Initiative and Board established in this
order, consistent with applicable law, as may be necessary to carry out
the functions of the Initiative and the Board.
(d) Each executive department and agency shall bear its own expenses
of participating in the Initiative established in this order.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 3, 2021.
[[Page 640]]
Executive Order 14042 of September 9, 2021
Ensuring Adequate COVID Safety Protocols for Federal Contractors
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and section 301 of
title 3, United States Code, and in order to promote economy and
efficiency in procurement by contracting with sources that provide
adequate COVID-19 safeguards for their workforce, it is hereby ordered
as follows:
Section 1. Policy. This order promotes economy and efficiency in Federal
procurement by ensuring that the parties that contract with the Federal
Government provide adequate COVID-19 safeguards to their workers
performing on or in connection with a Federal Government contract or
contract-like instrument as described in section 5(a) of this order.
These safeguards will decrease the spread of COVID-19, which will
decrease worker absence, reduce labor costs, and improve the efficiency
of contractors and subcontractors at sites where they are performing
work for the Federal Government. Accordingly, ensuring that Federal
contractors and subcontractors are adequately protected from COVID-19
will bolster economy and efficiency in Federal procurement.
Sec. 2. Providing for Adequate COVID-19 Safety Protocols for Federal
Contractors and Subcontractors. (a) Executive departments and agencies,
including independent establishments subject to the Federal Property and
Administrative Services Act, 40 U.S.C. 102(4)(A) (agencies), shall, to
the extent permitted by law, ensure that contracts and contract-like
instruments (as described in section 5(a) of this order) include a
clause that the contractor and any subcontractors (at any tier) shall
incorporate into lower-tier subcontracts. This clause shall specify that
the contractor or subcontractor shall, for the duration of the contract,
comply with all guidance for contractor or subcontractor workplace
locations published by the Safer Federal Workforce Task Force (Task
Force Guidance or Guidance), provided that the Director of the Office of
Management and Budget (Director) approves the Task Force Guidance and
determines that the Guidance, if adhered to by contractors or
subcontractors, will promote economy and efficiency in Federal
contracting. This clause shall apply to any workplace locations (as
specified by the Task Force Guidance) in which an individual is working
on or in connection with a Federal Government contract or contract-like
instrument (as described in section 5(a) of this order).
(b) By September 24, 2021, the Safer Federal Workforce Task Force
(Task Force) shall, as part of its issuance of Task Force Guidance,
provide definitions of relevant terms for contractors and
subcontractors, explanations of protocols required of contractors and
subcontractors to comply with workplace safety guidance, and any
exceptions to Task Force Guidance that apply to contractor and
subcontractor workplace locations and individuals in those locations
working on or in connection with a Federal Government contract or
contract-like instrument (as described in section 5(a) of this order).
[[Page 641]]
(c) Prior to the Task Force publishing new Guidance related to
COVID-19 for contractor or subcontractor workplace locations, including
the Guidance developed pursuant to subsection (b) of this section, the
Director shall, as an exercise of the delegation of my authority under
the Federal Property and Administrative Services Act, see 3 U.S.C. 301,
determine whether such Guidance will promote economy and efficiency in
Federal contracting if adhered to by Government contractors and
subcontractors. Upon an affirmative determination by the Director, the
Director's approval of the Guidance, and subsequent issuance of such
Guidance by the Task Force, contractors and subcontractors working on or
in connection with a Federal Government contract or contract-like
instrument (as described in section 5(a) of this order), shall adhere to
the requirements of the newly published Guidance, in accordance with the
clause described in subsection (a) of this section. The Director shall
publish such determination in the Federal Register.
(d) Nothing in this order shall excuse noncompliance with any
applicable State law or municipal ordinance establishing more protective
safety protocols than those established under this order or with any
more protective Federal law, regulation, or agency instructions for
contractor or subcontractor employees working at a Federal building or a
federally controlled workplace.
(e) For purposes of this order, the term ``contract or contract-like
instrument'' shall have the meaning set forth in the Department of
Labor's proposed rule, ``Increasing the Minimum Wage for Federal
Contractors,'' 86 FR 38816, 38887 (July 22, 2021). If the Department of
Labor issues a final rule relating to that proposed rule, that term
shall have the meaning set forth in that final rule.
Sec. 3. Regulations and Implementation. (a) The Federal Acquisition
Regulatory Council, to the extent permitted by law, shall amend the
Federal Acquisition Regulation to provide for inclusion in Federal
procurement solicitations and contracts subject to this order the clause
described in section 2(a) of this order, and shall, by October 8, 2021,
take initial steps to implement appropriate policy direction to
acquisition offices for use of the clause by recommending that agencies
exercise their authority under subpart 1.4 of the Federal Acquisition
Regulation.
(b) By October 8, 2021, agencies shall take steps, to the extent
permitted by law, to exercise any applicable authority to ensure that
contracts and contract-like instruments as described in section 5(a) of
this order that are not subject to the Federal Acquisition Regulation
and that are entered into on or after October 15, 2021, consistent with
the effective date of such agency action, include the clause described
in section 2(a) of this order.
Sec. 4. Severability. If any provision of this order, or the application
of any provision of this order to any person or circumstance, is held to
be invalid, the remainder of this order and its application to any other
person or circumstance shall not be affected thereby.
Sec. 5. Applicability. (a) This order shall apply to any new contract;
new contract-like instrument; new solicitation for a contract or
contract-like instrument; extension or renewal of an existing contract
or contract-like instrument; and exercise of an option on an existing
contract or contract-like instrument, if:
[[Page 642]]
(i) it is a procurement contract or contract-like instrument for services,
construction, or a leasehold interest in real property;
(ii) it is a contract or contract-like instrument for services covered by
the Service Contract Act, 41 U.S.C. 6701 et seq.;
(iii) it is a contract or contract-like instrument for concessions,
including any concessions contract excluded by Department of Labor
regulations at 29 CFR 4.133(b); or
(iv) it is a contract or contract-like instrument entered into with the
Federal Government in connection with Federal property or lands and related
to offering services for Federal employees, their dependents, or the
general public;
(b) This order shall not apply to:
(i) grants;
(ii) contracts, contract-like instruments, or agreements with Indian Tribes
under the Indian Self-Determination and Education Assistance Act (Public
Law 93-638), as amended;
(iii) contracts or subcontracts whose value is equal to or less than the
simplified acquisition threshold, as that term is defined in section 2.101
of the Federal Acquisition Regulation;
(iv) employees who perform work outside the United States or its outlying
areas, as those terms are defined in section 2.101 of the Federal
Acquisition Regulation; or
(v) subcontracts solely for the provision of products.
Sec. 6. Effective Date. (a) Except as provided in subsection (b) of this
section, this order is effective immediately and shall apply to new
contracts; new contract-like instruments; new solicitations for
contracts or contract-like instruments; extensions or renewals of
existing contracts or contract-like instruments; and exercises of
options on existing contracts or contract-like instruments, as described
in section 5(a) of this order, where the relevant contract or contract-
like instrument will be entered into, the relevant contract or contract-
like instrument will be extended or renewed, or the relevant option will
be exercised, on or after:
(i) October 15, 2021, consistent with the effective date for the action
taken by the Federal Acquisition Regulatory Council pursuant to section
3(a) of this order; or
(ii) for contracts and contract-like instruments that are not subject to
the Federal Acquisition Regulation and where an agency action is taken
pursuant to section 3(b) of this order, October 15, 2021, consistent with
the effective date for such action.
(b) As an exception to subsection (a) of this section, where
agencies have issued a solicitation before the effective date for the
relevant action taken pursuant to section 3 of this order and entered
into a new contract or contract-like instrument resulting from such
solicitation within 30 days of such effective date, such agencies are
strongly encouraged to ensure that the safety protocols specified in
section 2 of this order are applied in the new contract or contract-like
instrument. But if that contract or contract-like instrument term is
subsequently extended or renewed, or an option is subsequently exercised
under that contract or contract-like instrument, the safety
[[Page 643]]
protocols specified in section 2 of this order shall apply to that
extension, renewal, or option.
(c) For all existing contracts and contract-like instruments,
solicitations issued between the date of this order and the effective
dates set forth in this section, and contracts and contract-like
instruments entered into between the date of this order and the
effective dates set forth in this section, agencies are strongly
encouraged, to the extent permitted by law, to ensure that the safety
protocols required under those contracts and contract-like instruments
are consistent with the requirements specified in section 2 of this
order.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 9, 2021.
Executive Order 14043 of September 9, 2021
Requiring Coronavirus Disease 2019 Vaccination for Federal Employees
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 3301, 3302, and
7301 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my Administration to halt the
spread of coronavirus disease 2019 (COVID-19), including the B.1.617.2
(Delta) variant, by relying on the best available data and science-based
public health measures. The Delta variant, currently the predominant
variant of the virus in the United States, is highly contagious and has
led to a rapid rise in cases and hospitalizations. The nationwide public
health emergency, first declared by the Secretary of Health and Human
Services on January 31, 2020, remains in effect, as does the National
Emergency Concerning the Coronavirus Disease 2019 (COVID-19) declared
pursuant to the National Emergencies Act in Proclamation 9994 of March
13, 2020 (Declaring a National Emergency Concerning the Novel
Coronavirus Disease (COVID-19) Outbreak). The Centers for Disease
Control and Prevention (CDC) within the Department of Health and Human
Services has determined that the best
[[Page 644]]
way to slow the spread of COVID-19 and to prevent infection by the Delta
variant or other variants is to be vaccinated.
COVID-19 vaccines are widely available in the United States. They
protect people from getting infected and severely ill, and they
significantly reduce the likelihood of hospitalization and death. As of
the date of this order, one of the COVID-19 vaccines, the Pfizer-
BioNTech COVID-19 Vaccine, also known as Comirnaty, has received
approval from the Food and Drug Administration (FDA), and two others,
the Moderna COVID-19 Vaccine and the Janssen COVID-19 Vaccine, have been
authorized by the FDA for emergency use. The FDA has determined that all
three vaccines meet its rigorous standards for safety, effectiveness,
and manufacturing quality.
The health and safety of the Federal workforce, and the health and
safety of members of the public with whom they interact, are
foundational to the efficiency of the civil service. I have determined
that ensuring the health and safety of the Federal workforce and the
efficiency of the civil service requires immediate action to protect the
Federal workforce and individuals interacting with the Federal
workforce. It is essential that Federal employees take all available
steps to protect themselves and avoid spreading COVID-19 to their co-
workers and members of the public. The CDC has found that the best way
to do so is to be vaccinated.
The Safer Federal Workforce Task Force (Task Force), established by
Executive Order 13991 of January 20, 2021 (Protecting the Federal
Workforce and Requiring Mask-Wearing), has issued important guidance to
protect the Federal workforce and individuals interacting with the
Federal workforce. Agencies have also taken important actions, including
in some cases requiring COVID-19 vaccination for members of their
workforce.
Accordingly, building on these actions, and in light of the public
health guidance regarding the most effective and necessary defenses
against COVID-19, I have determined that to promote the health and
safety of the Federal workforce and the efficiency of the civil service,
it is necessary to require COVID-19 vaccination for all Federal
employees, subject to such exceptions as required by law.
Sec. 2. Mandatory Coronavirus Disease 2019 Vaccination for Federal
Employees. Each agency shall implement, to the extent consistent with
applicable law, a program to require COVID-19 vaccination for all of its
Federal employees, with exceptions only as required by law. The Task
Force shall issue guidance within 7 days of the date of this order on
agency implementation of this requirement for all agencies covered by
this order.
Sec. 3. Definitions. For the purposes of this order:
(a) The term ``agency'' means an Executive agency as defined in 5
U.S.C. 105 (excluding the Government Accountability Office).
(b) The term ``employee'' means an employee as defined in 5 U.S.C.
2105 (including an employee paid from nonappropriated funds as
referenced in 5 U.S.C. 2105(c)).
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
[[Page 645]]
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
(d) If any provision of this order, or the application of any
provision to any person or circumstance, is held to be invalid, the
remainder of this order and the application of any of its other
provisions to any other persons or circumstances shall not be affected
thereby.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 9, 2021.
Executive Order 14044 of September 13, 2021
Amending Executive Order 14007
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to expand the
President's Council of Advisors on Science and Technology, it is hereby
ordered as follows:
Section 1. Amendment to Executive Order 14007. The first sentence of
section 2(b) of Executive Order 14007 of January 27, 2021 (President's
Council of Advisors on Science and Technology), is hereby amended to
read as follows: ``(b) The PCAST shall be composed of not more than 32
members.''.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 13, 2021.
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Executive Order 14045 of September 13, 2021
White House Initiative on Advancing Educational Equity, Excellence, and
Economic Opportunity for Hispanics
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. Nearly 14 million students in our Nation's public
elementary and secondary school system and nearly 4 million students in
post-secondary education are Hispanic. Hispanic students constitute more
than 27 percent of all pre-kindergarten through 12th grade students and
nearly 20 percent of college students. The Nation's future prosperity
and global leadership across industries is therefore tied to the success
of Hispanic and Latino students, and their success is a priority of my
Administration.
From advancements in science and civil and labor rights to leadership in
government, advocacy, entrepreneurship, and business, the Hispanic
community has had a profound and positive impact on our schools, our
communities, our economy, and our Nation. Hispanic and Latino
communities encompass many racial and cultural identities that span the
globe. The diversity of Hispanic and Latino students makes our
classrooms across the country rich learning environments. It is
important to ensure that from early childhood to higher education,
Hispanic and Latino students, including Dreamers, can reach their
highest potential. For many Hispanic and Latino students, Hispanic-
Serving Institutions (HSIs) provide critical pathways to opportunity,
and hundreds of HSIs across our Nation are advancing intergenerational
mobility, success, and opportunity.
At the same time, Hispanic and Latino students face systemic inequitable
barriers in accessing a high-quality education and a fair shot at the
American dream. Only 40 percent of Latino children participate in
preschool education programs as compared to 53 percent of their White
peers. Due to systemic and historical inequities faced in the classroom,
the high school graduation rate for Hispanic students is below the
national average. Hispanic students are underrepresented in advanced
courses in mathematics and science, and they can face language barriers
in the classroom. Only 19 percent of Latino adults have at least a
bachelor's degree compared with 1 in 3 overall, and just 6 percent have
completed graduate or professional degree programs, versus 13 percent
nationally. Further, the lack of availability of adult continuing
education courses makes it difficult for many Hispanic adults to further
their education. In addition, barriers to equity in education can
compound and intersect for Hispanic and Latino students who are women
and girls, LGBTQ+ individuals, English language learners, and
individuals with disabilities.
The COVID-19 pandemic has laid bare and exacerbated many of these
inequities. Hispanic and Latino students are more likely than their
White peers to experience remote learning arrangements, yet they have
less access to the tools necessary to succeed, such as broadband and
computer access. Hispanic women have been adversely impacted by job
loss, a lack of access to child care, and the inability to provide care,
in greater numbers than their White counterparts. These and pre-existing
disparities have led to declines in student achievement for Hispanic
students. Latino students--once
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the fastest-growing group of undergraduates in the United States--have
seen a decline in undergraduate college attendance amidst the COVID-19
pandemic. It is a priority of my Administration to ensure an equitable
recovery from COVID-19, and to provide Hispanic and Latino students with
a successful return to the classroom.
These barriers exist not simply in the classroom, but also in the
workplace. Hispanic workers are overrepresented in industries that have
been hit hardest by the COVID-19 pandemic, and they have faced
disproportionate losses in employment. Hispanic and Latino workers often
face discrimination in hiring, pay, and consideration for promotions
among other challenges. They need greater access to work-based learning
opportunities such as mentorships, internships, and registered
apprenticeships that not only guide employment seekers to a career, but
provide the experience needed to secure well-paying jobs.
To ensure that our Nation reaches the ambitious goals we have set for
our economy to thrive, as well as to ensure equal access to opportunity
for all, we must enable Hispanic and Latino students to reach their
highest potential through our Nation's schools and institutions of
higher education. The Federal Government must also collaborate with
Hispanic and Latino communities to ensure their long-term success.
It is the policy of my Administration to advance educational equity,
excellence, and economic opportunity for Hispanic communities from early
childhood until their chosen career.
Sec. 2. White House Initiative on Advancing Educational Equity,
Excellence, and Economic Opportunity for Hispanics.
(a) To advance equity in our Nation's schools and to promote the
economic opportunity that follows it, there is established in the
Department of Education (Department), the White House Initiative on
Advancing Educational Equity, Excellence, and Economic Opportunity for
Hispanics (Initiative), of which the Secretary of Education (Secretary)
shall serve as Chair. The Secretary shall designate an Executive
Director for the Initiative (Executive Director).
(b) The Initiative shall advance educational equity and economic
opportunity for Latino and Hispanic students, families, and communities
by focusing on the following policy goals:
(i) increasing general understanding of systemic causes of educational
challenges faced by many Hispanic and Latino students, whether these
students are in urban, suburban, rural, or migrant learning environments,
and working across Federal agencies to address these challenges;
(ii) increasing Hispanic and Latino children's and families' access to and
participation in high-quality early childhood programs and services that
promote children's healthy development and learning, prepare them for
success in school, and affirm their cultural and linguistic identity;
(iii) addressing the inequitable treatment of Hispanic and Latino children,
such as eradicating disparities in disciplinary actions;
(iv) supporting and improving data collection related to Hispanic and
Latino students and the implementation of evidence-based strategies to
increase the participation and success of Hispanic and Latino students
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in all levels of education and prepare them for careers and civic
engagement;
(v) ensuring that all Hispanic and Latino students have access to excellent
teachers, school leaders, and other professionals, including by supporting
efforts to improve the recruitment, preparation, development, and retention
of qualified, diverse teachers and school leaders and other professionals
who understand students' lived experiences and can effectively meet their
learning, social, and emotional needs;
(vi) enhancing student support services and fostering positive engagement
among schools, families, community leaders, and community-based
organizations to increase the high school graduation and post-secondary
attendance rates and decrease the high school dropout rate for Hispanic and
Latino students;
(vii) promoting a positive school climate that supports equitable access to
and participation in college-readiness, advanced placement courses, and
internship opportunities, as well as innovative dropout prevention and
recovery strategies that better engage Hispanic and Latino youth in their
learning, help them progress academically as needed, and provide those who
have left the educational system with pathways to reentry;
(viii) eliminating discriminatory enrollment, housing, transportation, and
other policies that lead to racial and socioeconomic segregation among and
within schools;
(ix) ensuring equitable access to educational resources, professionals, and
technology, including by addressing racial disparities in school funding
and expenditures;
(x) breaking down barriers that impede the access of higher education
institutions that serve Hispanic and Latino students, such as HSIs, to
Federal funding, and strengthening the capacity of those institutions to
participate in Federal programs and partnerships;
(xi) advancing racial equity and economic opportunity by connecting
education to labor market needs through programs such as dual enrollment,
career and technical education, registered apprenticeships, work-based
learning, and career advancement, particularly in the fields of science,
technology, engineering, and mathematics; and
(xii) ensuring that Hispanic and Latino communities have access to
resources for economic success, such as in the areas of financial
education, small business development, entrepreneurship, arts, science,
technology, engineering, and mathematics.
(c) In working to fulfill its mission and objectives, the Initiative
shall, consistent with applicable law:
(i) identify and promote evidence-based best practices that can provide
Hispanic and Latino students with a rigorous and well-rounded education in
safe and healthy environments, as well as access to support services, that
will improve their educational, professional, economic, and civic
opportunities;
(ii) advance and coordinate efforts to ensure equitable opportunities for
Hispanic and Latino students in the re-opening process for schools across
the country, and take steps to ensure that Hispanic and Latino students,
from early childhood to post-secondary education, can equitably
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recover from learning losses and other challenges faced during the COVID-19
pandemic;
(iii) encourage and develop partnerships with a national network of early
childhood and early intervention providers, schools, institutions of higher
education, and other public, private, philanthropic, and nonprofit
stakeholders to improve access to educational equity and economic
opportunities for Hispanics and Latinos;
(iv) monitor and support the development, implementation, and coordination
of Federal Government educational, workforce, research, and business
development policies, programs, and technical assistance designed to
improve outcomes for historically underserved communities, including
Hispanics and Latinos;
(v) work closely with the Executive Office of the President on key
Administration priorities related to education, equity, and economic
opportunity for Hispanics and Latinos; and
(vi) advise the Secretary on issues of importance and policies relating to
educational equity, excellence, and economic opportunity for Hispanics and
Latinos.
(d) The Initiative shall establish a Federal Interagency Working
Group, which shall be convened by the Executive Director and shall
support the efforts of the Initiative. The Interagency Working Group
shall collaborate regarding resources and opportunities available across
the Federal Government to increase educational and economic
opportunities for Hispanics and Latinos.
(i) The Interagency Working Group shall consist of senior officials
(designated by the heads of their respective departments, agencies, and
offices) from the following:
(A) the Department of State;
(B) the Department of the Treasury;
(C) the Department of Defense;
(D) the Department of Justice;
(E) the Department of the Interior;
(F) the Department of Agriculture;
(G) the Department of Commerce;
(H) the Department of Labor;
(I) the Department of Health and Human Services;
(J) the Department of Housing and Urban Development;
(K) the Department of Transportation;
(L) the Department of Energy;
(M) the Department of Education;
(N) the Department of Veterans Affairs;
(O) the Department of Homeland Security;
(P) the White House Office of Management and Budget;
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(Q) the White House Office of Science and Technology Policy;
(R) the Small Business Administration;
(S) the White House Domestic Policy Council;
(T) the White House Gender Policy Council;
(U) the White House Office of Public Engagement;
(V) the National Science Foundation;
(W) the National Aeronautics and Space Administration;
(X) the United States Agency for International Development; and
(Y) such additional executive departments, agencies, and offices as the
Secretary may designate.
(ii) The Executive Director may establish subgroups of the Interagency
Working Group to focus on different aspects of the educational system (such
as HSIs, early childhood education, kindergarten through 12th grade
education, children and adults with disabilities, teacher diversity, higher
education, career and technical education, adult education, or correctional
education and reengagement), economic opportunity (work-based learning,
entrepreneurship, financial education, or mentorship) or educational
challenges facing particular populations.
(e) Each executive department and agency (agency) designated to
participate in the Interagency Working Group shall prepare a plan
(Agency Plan) outlining measurable actions the agency will take to
advance educational equity and economic opportunity for Hispanic and
Latino communities, including their plans to implement the policy goals
and directives outlined in section 2(b) of this order and other relevant
work. These plans shall be submitted to the Chair on a date established
by the Chair.
(i) As appropriate, each Agency Plan shall include:
(A) a description of the applicable agency's efforts to ensure that
Federal programs and initiatives administered by the Department and other
agencies are meeting the educational needs of Hispanics and Latinos,
including by encouraging the agency to incorporate best practices into
appropriate discretionary programs where the agency sees fit and as
permitted by law;
(B) a description of how the applicable agency has and will decrease
barriers to participation of Hispanics and Latinos in Federal employment
and student engagement opportunities;
(C) a description of how the applicable agency can address challenges
facing Hispanic and Latino students and higher education institutions that
serve Hispanic and Latino students, such as HSIs, brought on by or
exacerbated by the COVID-19 pandemic;
(D) a description of how the agency's Office of Civil Rights, if
applicable, can address discriminatory policies and practices that limit
educational and economic opportunity for Hispanics and Latinos;
(E) any other information the applicable agency determines is relevant to
promoting educational opportunities for Hispanics and Latinos; and
(F) any additional criteria established by the Chair or the Initiative.
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(ii) Each agency shall assess and report to the Chair on their progress in
implementing the Agency Plan on a regular basis as established by the
Chair.
(iii) The Initiative shall monitor and evaluate each agency's progress
towards the goals established in its Agency Plan and shall coordinate with
the agency to ensure that its Plan includes measurable and action-oriented
goals.
(f) The Department shall provide funding and administrative support
for the Initiative and the Interagency Working Group, to the extent
permitted by law and within existing appropriations. To the extent
permitted by law, including the Economy Act (31 U.S.C. 1535), other
agencies and offices represented on the Interagency Working Group may
detail personnel to the Initiative, to assist the Department in meeting
the objectives of this order.
(g) To advance shared priorities and policies that advance equity
and economic opportunity for underserved communities, the Initiative
shall collaborate and coordinate with other White House Initiatives
related to equity and opportunity.
(h) On an annual basis, the Chair shall report to the President on
the Initiative's progress in carrying out its mission and function under
this order.
Sec. 3. Presidential Advisory Commission. (a) There is established in
the Department a Presidential Advisory Commission on Advancing
Educational Equity, Excellence, and Economic Opportunity for Hispanics
(Commission).
(b) The Commission shall provide advice to the President through the
Secretary on matters pertaining to educational equity and economic
opportunity for the Hispanic and Latino community, including:
(i) what is needed for the development, implementation, and coordination of
educational programs and initiatives at the Department and other agencies
to improve educational opportunities and outcomes for Hispanics and
Latinos;
(ii) how to promote career pathways for in-demand jobs for Hispanic and
Latino students, including registered apprenticeships, internships,
fellowships, mentorships, and work-based learning initiatives;
(iii) ways to strengthen the capacity of institutions, such as HSIs, to
equitably serve Hispanic and Latino students and increase the participation
of Hispanic and Latino students, Hispanic-serving school districts, and the
Hispanic community in the programs of the Department and other agencies;
(iv) how to increase public awareness of and generate solutions for the
educational and training challenges and equity disparities that Hispanic
and Latino students face and the causes of these challenges; and
(v) approaches to establish local and national partnerships with public,
private, philanthropic, and nonprofit stakeholders to advance the mission
and objectives of this order, consistent with applicable law.
(c) The Commission shall periodically report to the President,
through the Secretary and after consulting with the Executive Director,
on progress in addressing the mission of the Commission.
(d) The Commission shall consist of not more than 21 members
appointed by the President. The Commission may include individuals with
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relevant experience or subject matter expertise, as well as individuals
who may serve as representatives from a variety of sectors, including
education (early childhood education, elementary and secondary
education, higher education, career and technical education, and adult
education), labor organizations, research institutions, public and
private philanthropic organizations, private sector, nonprofit, and
community-based organizations at the national, State, Tribal, regional,
or local levels. Commission members should be able to provide specific
insight into the lived experiences of those served by the Initiative,
including young adults, and have diversity across the diaspora and the
geography of the country.
(i) The President shall designate one member of the Commission to serve as
its Chair. The Chair, in consultation with the Executive Director, shall
convene regular meetings of the Commission, determine the Commission
meeting agenda, and support the work of the Commission, consistent with
this order.
(ii) The Commission shall meet on a regular basis, and at least twice a
year.
(e) The Department shall provide funding and administrative support
for the Commission, to the extent permitted by law and within existing
appropriations. Members of the Commission shall serve without
compensation but shall be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by law for persons serving
intermittently in the Government service (5 U.S.C. 5701-5707). Insofar
as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may
apply to the administration of the Commission, any functions of the
President under that Act, except that of reporting to the Congress,
shall be performed by the Secretary, in accordance with guidelines
issued by the Administrator of General Services.
(f) The Commission shall terminate 2 years from the date of this
order, unless extended by the President.
Sec. 4. Administrative Provisions. (a) This order supersedes Executive
Order 13935 of July 9, 2020 (White House Hispanic Prosperity
Initiative), which is hereby revoked. To the extent that there are other
Executive Orders that may conflict with or overlap with the provisions
in this order, the provisions in this order supersede those other
Executive Orders on these subjects.
(b) The heads of agencies shall assist and provide information to
the Initiative and Commission established in this order, consistent with
applicable law, as may be necessary to carry out the functions of the
Initiative and Commission.
(c) Each agency shall bear its own expenses of participating in the
Initiative established in this order.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 13, 2021.
Executive Order 14046 of September 17, 2021
Imposing Sanctions on Certain Persons With Respect to the Humanitarian
and Human Rights Crisis in Ethiopia
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), sections 212(f)
and 215(a) of the Immigration and Nationality Act of 1952 (8 U.S.C.
1182(f) and 1185(a)), and section 301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, find
that the situation in and in relation to northern Ethiopia, which has
been marked by activities that threaten the peace, security, and
stability of Ethiopia and the greater Horn of Africa region--in
particular, widespread violence, atrocities, and serious human rights
abuse, including those involving ethnic-based violence, rape and other
forms of gender-based violence, and obstruction of humanitarian
operations--constitutes an unusual and extraordinary threat to the
national security and foreign policy of the United States. I hereby
declare a national emergency to deal with that threat.
The widespread humanitarian crisis precipitated by the violent conflict
in northern Ethiopia has left millions of people in need of humanitarian
assistance and has placed an entire region on the brink of famine. While
maintaining pressure on those persons responsible for the crisis, the
United States will seek to ensure that appropriate personal remittances
to non-blocked persons and humanitarian assistance to at-risk
populations can flow to Ethiopia and the greater Horn of Africa region
through legitimate and transparent channels, including governments,
international organizations, and non-profit organizations. The United
States supports ongoing international efforts to promote a negotiated
ceasefire and political resolution of this crisis, to ensure the
withdrawal of Eritrean forces from Ethiopia, and to promote the unity,
territorial integrity, and stability of Ethiopia.
Accordingly, I hereby order:
Section 1. The Secretary of the Treasury is authorized to impose any of
the sanctions described in section 2(a) of this order on any foreign
person determined by the Secretary of the Treasury, in consultation with
the Secretary of State:
(a) to be responsible for or complicit in, or to have directly or
indirectly engaged or attempted to engage in, any of the following:
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(i) actions or policies that threaten the peace, security, or stability of
Ethiopia, or that have the purpose or effect of expanding or extending the
crisis in northern Ethiopia or obstructing a ceasefire or a peace process;
(ii) corruption or serious human rights abuse in or with respect to
northern Ethiopia;
(iii) the obstruction of the delivery or distribution of, or access to,
humanitarian assistance in or with respect to northern Ethiopia, including
attacks on humanitarian aid personnel or humanitarian projects;
(iv) the targeting of civilians through the commission of acts of violence
in or with respect to northern Ethiopia, including involving abduction,
forced displacement, or attacks on schools, hospitals, religious sites, or
locations where civilians are seeking refuge, or any conduct that would
constitute a violation of international humanitarian law;
(v) planning, directing, or committing attacks in or with respect to
northern Ethiopia against United Nations or associated personnel or African
Union or associated personnel;
(vi) actions or policies that undermine democratic processes or
institutions in Ethiopia; or
(vii) actions or policies that undermine the territorial integrity of
Ethiopia;
(b) to be a military or security force that operates or has operated
in northern Ethiopia on or after November 1, 2020;
(c) to be an entity, including any government entity or a political
party, that has engaged in, or whose members have engaged in, activities
that have contributed to the crisis in northern Ethiopia or have
obstructed a ceasefire or peace process to resolve such crisis;
(d) to be a political subdivision, agency, or instrumentality of the
Government of Ethiopia, the Government of Eritrea or its ruling People's
Front for Democracy and Justice, the Tigray People's Liberation Front,
the Amhara regional government, or the Amhara regional or irregular
forces;
(e) to be a spouse or adult child of any sanctioned person;
(f) to be or have been a leader, official, senior executive officer,
or member of the board of directors of any of the following, where the
leader, official, senior executive officer, or director is responsible
for or complicit in, or who has directly or indirectly engaged or
attempted to engage in, any activity contributing to the crisis in
northern Ethiopia:
(i) an entity, including a government entity or a military or security
force, operating in northern Ethiopia during the tenure of the leader,
official, senior executive officer, or director;
(ii) an entity that has, or whose members have, engaged in any activity
contributing to the crisis in northern Ethiopia or obstructing a ceasefire
or a peace process to resolve such crisis during the tenure of the leader,
official, senior executive officer, or director; or
(iii) the Government of Ethiopia, the Government of Eritrea or its ruling
People's Front for Democracy and Justice, the Tigray People's Liberation
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Front, the Amhara regional government, or the Amhara regional or irregular
forces, on or after November 1, 2020;
(g) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, any sanctioned person; or
(h) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly, any sanctioned person.
Sec. 2. (a) When the Secretary of the Treasury, in consultation with the
Secretary of State, has determined that a foreign person meets any of
the criteria described in section 1(a)-(h) of this order, the Secretary
of the Treasury is authorized to select, in consultation with the
Secretary of State, one or more of the sanctions set forth in
subsections (a)(i)(A)-(E) or (a)(ii)(A)-(B) of this section to impose on
that foreign person:
(i) the Secretary of the Treasury shall take the following actions as
necessary to implement the selected sanctions:
(A) block all property and interests in property of the sanctioned person
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, and provide that such property and interests in
property may not be transferred, paid, exported, withdrawn, or otherwise
dealt in;
(B) prohibit any United States person from investing in or purchasing
significant amounts of equity or debt instruments of the sanctioned person;
(C) prohibit any United States financial institution from making loans or
providing credit to the sanctioned person;
(D) prohibit any transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the sanctioned person has
any interest; or
(E) impose on the leader, official, senior executive officer, or director
of the sanctioned person, or on persons performing similar functions and
with similar authorities as such leader, official, senior executive
officer, or director, any of the sanctions described in subsections
(a)(i)(A)-(D) of this section that are applicable.
(ii) the heads of the relevant executive departments and agencies, in
consultation with the Secretary of the Treasury, shall take the following
actions as necessary and appropriate to implement the sanctions selected by
the Secretary of the Treasury:
(A) actions required to deny any specific license, grant, or any other
specific permission or authority under any statute or regulation that
requires the prior review and approval of the United States Government as a
condition for the export or reexport of goods or technology to the
sanctioned person; or
(B) actions required to deny a visa to and exclude from the United States
any noncitizen whom the Secretary of the Treasury, in consultation with the
Secretary of State, determines is a leader, official, senior executive
officer, or director, or a shareholder with a controlling interest in, the
sanctioned person.
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(b) The prohibitions in subsection (a) of this section apply except
to the extent provided by statutes, or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted before the date of this order. No entity shall be blocked
pursuant to this order solely because it is owned in whole or in part,
directly or indirectly, by one or more sanctioned persons, unless the
entity is itself a sanctioned person and the sanctions in section
2(a)(i)(A) of this order are imposed on the entity.
Sec. 3. The prohibitions in section 2(a) of this order include:
(a) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or
services from any such person.
Sec. 4. (a) The unrestricted immigrant and nonimmigrant entry into the
United States of noncitizens determined to meet one or more of the
criteria in section l of this order, and for whom the sanctions
described in section 2(a)(i)(A) or section 2(a)(ii)(B) of this order
have been selected, would be detrimental to the interests of the United
States, and the entry of such persons into the United States, as
immigrants or nonimmigrants, is hereby suspended, except when the
Secretary of State or the Secretary of Homeland Security, as
appropriate, determines that the person's entry would not be contrary to
the interests of the United States, including when the Secretary of
State or the Secretary of Homeland Security, as appropriate, so
determines, based on a recommendation of the Attorney General, that the
person's entry would further important United States law enforcement
objectives.
(b) The Secretary of State shall implement this order as it applies
to visas pursuant to such procedures as the Secretary of State, in
consultation with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this order as
it applies to the entry of noncitizens pursuant to such procedures as
the Secretary of Homeland Security, in consultation with the Secretary
of State, may establish.
(d) Such persons shall be treated by this section in the same manner
as persons covered by section 1 of Proclamation 8693 of July 24, 2011
(Suspension of Entry of Aliens Subject to United Nations Security
Council Travel Bans and International Emergency Economic Powers Act
Sanctions).
Sec. 5. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 6. I hereby determine that the making of donations of the types of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order would seriously impair my
ability to deal with the national emergency declared in this order, and
I hereby prohibit such donations as provided by section 2 of this order.
Sec. 7. For the purposes of this order:
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(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) the term ``Government of Ethiopia'' means the Government of
Ethiopia, any political subdivision, agency, or instrumentality thereof,
including the National Bank of Ethiopia, and any person owned,
controlled, or directed by, or acting for or on behalf of, the
Government of Ethiopia;
(c) the term ``Government of Eritrea'' means the Government of
Eritrea, any political subdivision, agency, or instrumentality thereof,
including the Bank of Eritrea, and any person owned, controlled, or
directed by, or acting for or on behalf of, the Government of Eritrea;
(d) the term ``noncitizen'' means any person who is not a citizen or
noncitizen national of the United States;
(e) the term ``person'' means an individual or entity;
(f) the term ``sanctioned person'' means a foreign person that the
Secretary of the Treasury, in consultation with the Secretary of State,
has determined meets any of the criteria described in section 1 of this
order and has selected, in consultation with the Secretary of State, one
or more of the sanctions set forth in section 2(a) of this order to
impose on that foreign person; and
(g) the term ``United States person'' means any United States
citizen, lawful permanent resident, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 8. For those persons whose property and interests in property are
blocked or affected by this order who might have a constitutional
presence in the United States, I find that because of the ability to
transfer funds and other assets instantaneously, prior notice to such
persons of measures to be taken pursuant to this order would render
those measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency declared
in this order, there need be no prior notice of a listing or
determination made pursuant to section 1 of this order.
Sec. 9. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers granted
to the President by IEEPA as may be necessary to carry out the purposes
of this order. The Secretary of the Treasury may, consistent with
applicable law, redelegate any of these functions within the Department
of the Treasury. All executive departments and agencies of the United
States shall take all appropriate measures within their authority to
implement this order.
Sec. 10. Nothing in this order shall prohibit transactions for the
conduct of the official business of the Federal Government by employees,
grantees, and contractors thereof.
Sec. 11. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to submit recurring and final reports
to the Congress on the national emergency declared in this order,
consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and
section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 12. (a) Nothing in this order shall be construed to impair or
otherwise affect:
[[Page 658]]
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 17, 2021.
Executive Order 14047 of September 17, 2021
Adding Measles to the List of Quarantinable Communicable Diseases
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 264(b) of title
42, United States Code, it is hereby ordered as follows:
Section 1. Amendment to Executive Order 13295. Based upon the
recommendation of the Secretary of Health and Human Services, in
consultation with the Surgeon General, and for the purposes set forth in
section 1 of Executive Order 13295 of April 4, 2003 (Revised List of
Quarantinable Communicable Diseases), section 1 of Executive Order
13295, as amended by Executive Order 13375 of April 1, 2005 (Amendment
to Executive Order 13295 Relating to Certain Influenza Viruses and
Quarantinable Communicable Diseases), and Executive Order 13674 of July
31, 2014 (Revised List of Quarantinable Communicable Diseases), shall be
further amended by adding ``Measles'' to the existing list after
``infectious Tuberculosis.''
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 659]]
against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 17, 2021.
Executive Order 14048 of September 30, 2021
Continuance or Reestablishment of Certain Federal Advisory Committees
and Amendments to Other Executive Orders
By the authority vested in me as President, by the Constitution and the
laws of the United States of America, and consistent with the provisions
of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is
hereby ordered as follows:
Section 1. Each advisory committee listed below is continued or, to the
extent necessary, reestablished until September 30, 2023.
(a) Committee for the Preservation of the White House; Executive
Order 11145, as amended (Department of the Interior).
(b) President's Commission on White House Fellowships; Executive
Order 11183, as amended (Office of Personnel Management).
(c) President's Committee on the National Medal of Science;
Executive Order 11287, as amended (National Science Foundation).
(d) Federal Advisory Council on Occupational Safety and Health;
Executive Order 11612, as amended (Department of Labor).
(e) President's Export Council; Executive Order 12131, as amended
(Department of Commerce).
(f) President's Committee on the International Labor Organization;
Executive Order 12216, as amended (Department of Labor).
(g) President's National Security Telecommunications Advisory
Committee; Executive Order 12382, as amended (Department of Homeland
Security).
(h) National Industrial Security Program Policy Advisory Committee;
Executive Order 12829, as amended (National Archives and Records
Administration).
(i) Trade and Environment Policy Advisory Committee; Executive Order
12905 (Office of the United States Trade Representative).
(j) Governmental Advisory Committee to the United States
Representative to the North American Commission for Environmental
Cooperation; Executive Order 12915 (Environmental Protection Agency).
(k) National Advisory Committee to the United States Representative
to the North American Commission for Environmental Cooperation;
Executive Order 12915 (Environmental Protection Agency).
(l) Good Neighbor Environmental Board; Executive Order 12916, as
amended (Environmental Protection Agency).
[[Page 660]]
(m) Presidential Advisory Council on HIV/AIDS; Executive Order
12963, as amended (Department of Health and Human Services).
(n) President's Committee for People with Intellectual Disabilities;
Executive Order 12994, as amended (Department of Health and Human
Services).
(o) Invasive Species Advisory Committee; Executive Order 13112, as
amended (Department of the Interior).
(p) Advisory Board on Radiation and Worker Health; Executive Order
13179 (Department of Health and Human Services).
(q) National Infrastructure Advisory Council; Executive Order 13231,
as amended (Department of Homeland Security).
(r) President's Council on Sports, Fitness, and Nutrition; Executive
Order 13265, as amended (Department of Health and Human Services).
(s) Interagency Task Force on Veterans Small Business Development;
Executive Order 13540 (Small Business Administration).
(t) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory
Committee; Executive Order 13549 (National Archives and Records
Administration).
(u) President's Advisory Commission on Educational Excellence for
African Americans; Executive Order 13621 (Department of Education).
(v) President's Advisory Council on Doing Business in Africa;
Executive Order 13675, as amended (Department of Commerce).
(w) Commerce Spectrum Management Advisory Committee; initially
established pursuant to Presidential Memorandum on Improving Spectrum
Management for the 21st Century (November 29, 2004) (Department of
Commerce).
(x) National Space-Based Positioning, Navigation, and Timing
Advisory Board; National Security Presidential Directive-39, ``U.S.
National Space-Based Position, Navigation, and Timing Policy'' (December
8, 2004) (National Aeronautics and Space Administration).
(y) Grand Staircase-Escalante National Monument Advisory Committee;
Proclamation 6920 of September 18, 1996, as amended (Department of the
Interior).
(z) San Juan Islands National Monument Advisory Committee;
Proclamation 8947 of March 25, 2013 (Department of the Interior).
(aa) Bears Ears National Monument Advisory Committee; Proclamation
9558 of December 28, 2016, as amended (Department of the Interior).
(bb) Gold Butte National Monument Advisory Committee; Proclamation
9559 of December 28, 2016 (Department of the Interior).
(cc) President's Council of Advisors on Science and Technology;
Executive Order 14007, as amended (Department of Energy).
(dd) White House Environmental Justice Advisory Council; Executive
Order 14008 (Environmental Protection Agency).
[[Page 661]]
(ee) President's Advisory Commission on Asian Americans, Native
Hawaiians, and Pacific Islanders; Executive Order 14031 (Department of
Health and Human Services).
(ff) President's Board of Advisors on Historically Black Colleges
and Universities; Executive Order 14041 (Department of Education).
(gg) Presidential Advisory Commission on Advancing Educational
Equity, Excellence, and Economic Opportunity for Hispanics; Executive
Order 14045 (Department of Education).
Sec. 2. Notwithstanding the provisions of any other Executive Order, the
functions of the President under the Federal Advisory Committee Act that
are applicable to the committees listed in section 1 of this order shall
be performed by the head of the department or agency designated after
each committee, in accordance with the regulations, guidelines, and
procedures established by the Administrator of General Services.
Sec. 3. Sections 1 and 2 of Executive Order 13889 of September 27, 2019,
are hereby superseded by sections 1 and 2 of this order.
Sec. 4. Executive Order 11287 of June 28, 1966, as amended, is further
amended in section 2(a) by striking ``twelve'' and inserting in lieu
thereof ``fourteen.''
Sec. 5. Executive Order 12382 of September 13, 1982, as amended, is
further amended as follows:
(a) by striking section 1, except subsection (c), and inserting
before subsection (c) the following:
``Section 1. Establishment. (a) There is established the President's
National Security Telecommunications Advisory Committee, which shall be
composed of no more than 30 members. These members shall have particular
knowledge and expertise in the fields of cybersecurity and of information
and communications technology (ICT) and shall represent various elements of
the Nation's telecommunications industry. Members of the Committee shall be
appointed by the President.
(b) The President shall designate a Chair and Vice Chair from among the
members of the Committee, each for a term of up to 2 years.''
(b) by striking sections 2 and 3, and inserting in lieu thereof the
following new sections 2 and 3:
``Sec. 2. Functions. (a) The Committee shall provide to the President,
through the Secretary of Homeland Security, information and advice from the
perspective of relevant cybersecurity, ICT, and telecommunications
industries on information assurance, cybersecurity, and the ICT ecosystem
with respect to national security and emergency preparedness (NS/EP)
concerns.
(b) The Committee shall provide information and advice to the President,
through the Secretary of Homeland Security, regarding the feasibility of
implementing specific measures to improve the resiliency and security of
the digital and communications infrastructure of the United States.
(c) The Committee shall provide technical information, advice, and
recommendations as it relates to NS/EP policy issues concerning
cybersecurity, ICT, and telecommunications matters.
[[Page 662]]
(d) The Committee shall periodically report on matters in this section to
the President, through the Secretary of Homeland Security.
Sec. 3. Administration. (a) The heads of Executive agencies shall, to the
extent permitted by law, provide the Committee with information concerning
NS/EP policy issues specific to cybersecurity, ICT, and telecommunications
matters in order for it to carry out its functions and mission. Information
supplied to the Committee shall not, to the extent permitted by law, be
available for public inspection.
(b) Members of the Committee shall serve without any compensation for
their work on the Committee. However, to the extent permitted by law, they
shall be entitled to travel expenses, including per diem in lieu of
subsistence.
(c) Any expenses of the Committee shall, to the extent permitted by law,
be paid from funds available to the Secretary of Homeland Security.''
(c) by striking section 4, except subsection (b) thereof, and
inserting immediately preceding subsection (b) the following:
``Sec. 4. General. (a) Notwithstanding any other Executive Order, the
functions of the President under the Federal Advisory Committee Act, as
amended (5 U.S.C. App.), which are applicable to the Committee, except that
of reporting annually to the Congress, shall be performed by the Secretary
of Homeland Security, in accord with guidelines and procedures established
by the Administrator of General Services.''
Sec. 6. Executive Order 13231 of October 16, 2001, as amended, is
further amended in section 3(a) by striking ``The President shall
designate from among the members of the NIAC a Chair and a Vice Chair,
who shall perform the functions of the Chair if the Chair is absent or
disabled, or in the instance of a vacancy in the Chair'' and inserting
in lieu thereof ``The President shall designate from among the members
of the NIAC a Chair and a Vice Chair, who shall perform the functions of
the Chair if the Chair is absent or disabled, or in the instance of a
vacancy in the Chair, each for a term of up to two years.''
Sec. 7. Executive Order 13265 of June 6, 2002, as amended, is further
amended as follows:
(a) in section 2(a), by striking ``develop a national strategy'' and
inserting in lieu thereof ``continue to promulgate a national strategy
(the National Youth Sports Strategy).''
(b) in section 2, by striking the ``and'' at the end of subsection
(a)(iii); striking the period at the end of subsection (a)(iv) and
inserting in lieu thereof a semicolon; and inserting the following new
subsections:
``(v) expand national awareness of the importance of mental health as it
pertains to physical fitness and nutrition; and
(vi) share information about the positive effects of physical activity on
mental health, particularly as it relates to children and adolescents, to
combat the negative mental health impacts of the coronavirus disease 2019
(COVID-19) pandemic.''
(c) in section 4, by inserting after subsection (c) the following
new subsection:
[[Page 663]]
``(d) The Council members shall function as liaisons and spokespersons on
behalf of the Council to relevant State, local, and private entities, and
share information about the work of the Council in order to advise the
Secretary regarding opportunities to extend and improve physical activity,
fitness, sports, and nutrition programs and services at the State, local,
and national levels.''
Sec. 8. This order shall be effective September 30, 2021.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 30, 2021.
Executive Order 14049 of October 11, 2021
White House Initiative on Advancing Educational Equity, Excellence, and
Economic Opportunity for Native Americans and Strengthening Tribal
Colleges and Universities
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 United States has a unique political and legal
relationship with federally recognized Tribal Nations, as set forth in
the Constitution of the United States, statutes, treaties, Executive
Orders, and court decisions. The Federal Government is committed to
protecting the rights and ensuring the well-being of Tribal Nations
while respecting Tribal sovereignty and inherent rights of self-
determination. In recognition of that commitment and to fulfill the
solemn obligations it entails, executive departments and agencies
(agencies) must help advance educational equity, excellence, and
economic opportunity for Native American students, whether they attend
public schools in urban, suburban, or rural communities; are
homeschooled; attend primary and secondary schools operated or funded by
the Bureau of Indian Education (BIE) of the Department of the Interior;
or attend postsecondary educational institutions, including Tribal
Colleges and Universities (TCUs).
For more than a century, the United States imposed educational policies
designed to assimilate Native peoples into predominant United States
culture that devastated Native American students and their families.
Beginning with the Indian Civilization Act of 1819, the United States
enacted laws and implemented policies establishing and supporting Indian
boarding schools across the Nation. From 1871 onward, federally run
Indian boarding schools were used to culturally assimilate Native
American children who were forcibly removed from their families and
communities and relocated to distant residential facilities where their
Native identities, languages, traditions, and beliefs were forcibly
suppressed. The conditions in these schools were usually harsh, and
sometimes abusive and deadly. Although these policies have ended, their
effects and resulting trauma reverberate in Native American communities
even today, creating specific challenges that merit Federal attention
and response.
[[Page 664]]
During the global COVID-19 pandemic, Tribal Nations raced to protect
Tribal members and their way of life. Tribal elders are often the
keepers of Tribal culture and are critical for the preservation of
Native languages, as the vitality of Native culture is inseparably tied
to Native languages. Accordingly, my Administration is committed to
supporting preservation and revitalization of Native languages. This
includes honoring the vibrancy, importance, and strength of Native
languages and the traditions, values, and cultural practices that
accompany them.
In addition, the COVID-19 pandemic has amplified long-standing
educational inequities that disproportionally affect Native American
communities and burden Native American students. In particular, Native
American children face significant learning disruption as the digital
divide and lack of educational resources put remote learning out of
reach for too many. Native American students experienced the greatest
decline in undergraduate enrollment in higher education from 2020 to
2021 compared to other student groups. These inequities compound the
effects of other disparities faced by Native American women and girls in
particular. The spike in gender-based violence during the COVID-19
pandemic has intensified safety concerns for Native American women and
girls, who were already victimized at higher rates than other women in
the United States.
The Federal Government must put strong focus on early childhood and K-12
educational opportunities. These are important to developing and
strengthening Native American communities, and they set the stage for
educational advancement and career development, including opportunities
to attend TCUs.
TCUs also merit focused attention, as these institutions are integral
and essential to Tribal communities. Their foundation, tradition, and
mission are unique, and their cultural grounding is invaluable to
providing high-quality education and successful outcomes for Native
American students. TCUs fulfill a vital role in maintaining and
preserving irreplaceable Native languages and cultural traditions; in
promoting excellence in Native American education from early childhood
through primary and secondary education, into postsecondary education,
and throughout graduates' careers; in offering an entry point for a
career in academia, strong technical and trade school opportunities, job
training, and other career-building programs to Native Americans; and in
supporting Tribal economic development efforts by building and
strengthening a highly skilled Native American workforce. Often, they
are the only postsecondary institutions within some of our Nation's most
economically disadvantaged and rural areas. As a result, TCUs provide
crucial employment opportunities and services in communities that
continue to suffer high rates of unemployment and resulting social and
economic distress. The Federal Government therefore reaffirms and
strengthens our commitment to Native American communities by investing
in TCUs to support their continued growth and success.
It is the policy of my Administration to advance equity, excellence, and
justice in our Nation's education system and to further Tribal self-
governance, including by supporting activities that expand educational
opportunities and improve educational outcomes for all Native American
students. My Administration will help expand opportunities for Native
American students to learn their Native languages, histories, and
cultural practices; promote indigenous learning through the use of
traditional ecological
[[Page 665]]
knowledge; and enhance access to complete and competitive educations
that prepare Native American students for college, careers, and
productive and satisfying lives. This includes supporting educational
opportunities for students attending TCUs, given the unique advantages
those institutions provide. My Administration is further committed to
ensuring all Native American students have the ability to pursue careers
that provide economic security for themselves and their families,
including Native American women, who currently, on average, earn just 60
cents to every dollar earned by White men. To these ends, my
Administration will collaborate with Tribal Nations to collect better
data on educational attainment gaps faced by Native American students to
help deepen understanding of these gaps, including barriers to workforce
participation, and inform solutions.
Sec. 2. White House Initiative on Advancing Educational Equity,
Excellence, and Economic Opportunity for Native Americans and
Strengthening Tribal Colleges and Universities. (a) To advance equity in
our Nation's schools, to promote the economic opportunity that follows
it, and to fulfill our commitment to furthering Tribal sovereignty,
there is established in the Department of Education the White House
Initiative on Advancing Educational Equity, Excellence, and Economic
Opportunity for Native Americans and Strengthening Tribal Colleges and
Universities (Initiative), of which the Secretary of Education, the
Secretary of the Interior, and the Secretary of Labor shall serve as Co-
Chairs. The Secretary of Education shall, in consultation with the other
Co-Chairs of the Initiative, designate an Executive Director for the
Initiative (Executive Director). The Executive Director shall co-chair
the Education Committee of the White House Council on Native American
Affairs (WHCNAA), established by Executive Order 13647 of June 26, 2013
(Establishing the White House Council on Native American Affairs).
(b) The Initiative shall consult and collaborate with Tribal
Nations; Alaska Native Entities; TCUs; and State, Tribal, and local
educational departments and agencies to advance educational equity,
excellence, and economic opportunity for Native Americans by focusing on
the following policy goals:
(i) increasing the understanding of systemic causes of educational
challenges faced by Native American students and working across agencies to
address those challenges;
(ii) supporting and improving data collection related to Native American
students and the implementation of evidence-based strategies to increase
the participation and success of Native American students in all levels of
education and prepare them for careers and civic engagement;
(iii) increasing the percentage of Native American children and families
who participate in high-quality early childhood programs and services that
promote healthy development and learning, prepare Native American children
for success in school, and affirm the cultural and linguistic identity of
Native American children;
(iv) ensuring that all Native American students have access to excellent
teachers, school leaders, and other professionals, including by supporting
efforts to improve the recruitment, preparation, development, and retention
of qualified, diverse teachers, school leaders, and other
[[Page 666]]
professionals who understand Native American students' lived experiences
and can effectively meet their students' academic, social, and emotional
needs, particularly in partnership with TCUs;
(v) breaking down barriers that impede the access of higher education
institutions that serve Native American students, such as TCUs, to Federal
funding, and strengthening the capacity of those institutions to
participate in Federal programs and partnerships;
(vi) ensuring that the unique indigenous, cultural, educational,
traditional ecological knowledge, and Native language needs of Native
American students are met;
(vii) exploring policies to expand and support career and technical
education, job training, and other career-building programs for Native
American students and workers; and
(viii) furthering Tribal sovereignty by supporting efforts to build the
capacity of Tribal educational agencies and TCUs to provide high-quality
education services to Native American students.
(c) In working to fulfill its mission and objectives, the Initiative
shall, consistent with applicable law:
(i) engage in regular, meaningful, and robust consultation with Tribal
Nations regarding Native American education and related issues, in
accordance with the Presidential Memorandum of January 26, 2021 (Tribal
Consultation and Strengthening Nation-to-Nation Relationships);
(ii) identify and promote evidence-based best practices that can provide
Native American students with a rigorous and well-rounded education in safe
and healthy environments, as well as access to support services, that will
improve their educational, professional, economic, and civic opportunities;
(iii) advance and coordinate efforts to ensure equitable opportunities for
Native American students in the wake of the COVID-19 pandemic, including
recovering learning losses and addressing other challenges--academic,
financial, social, emotional, mental health, or career development--brought
on or exacerbated by the COVID-19 pandemic;
(iv) encourage and develop Federal partnerships with public, private,
philanthropic, and nonprofit entities to improve access to educational
equity, excellence, and economic opportunity for Native Americans;
(v) monitor and support the development, implementation, and coordination
of Federal Government educational, workforce, research, and business
development policies, programs, and technical assistance designed to
improve outcomes for Native Americans;
(vi) create opportunities for strategic partnerships among agencies and
work closely with the Executive Office of the President on key
Administration priorities related to Native Americans;
(vii) serve as a liaison with other agencies on Native American issues,
advise those agencies on how they might help to promote Native American
educational opportunities, and track their success in doing so; and
(viii) advise the Co-Chairs of the Initiative on issues of importance and
policies relating to educational equity, excellence, and economic
opportunity for Native American students.
[[Page 667]]
(d) To facilitate partnership among agencies to advance educational
equity, excellence, and economic opportunity for Native American
students, the Executive Director shall work with the Director of the
BIE, the Commissioner of the Administration for Native Americans (ANA)
of the Department of Health and Human Services, and the Director of the
Indian Health Service (IHS) of the Department of Health and Human
Services to develop a separate Memorandum of Agreement (MOA) between the
Initiative and each of these entities that will take advantage of each
agency's expertise, resources, and facilities. Each MOA shall be
completed within 180 days of the date of this order, and each shall
address how the BIE, ANA, and IHS, respectively, will collaborate with
the Initiative in carrying out the policy set forth in section 1 of this
order, as appropriate and consistent with applicable law.
(e) Each agency with representation on the WHCNAA Education
Committee shall prepare a plan (Agency Plan) outlining measurable
actions the agency will take to advance educational equity, excellence,
and economic opportunity for Native American communities, including the
agency's plans to implement the policy goals and directives outlined in
subsection (b) of this section, and other relevant work, in consultation
with the Executive Director. These Agency Plans shall be submitted to
the Co-Chairs of the Initiative on a date the Co-Chairs shall establish.
(i) Each agency with representation on the WHCNAA Education Committee shall
assess and report to the Co-Chairs of the Initiative on a regular basis, as
established by the Co-Chairs of the Initiative, regarding its progress in
implementing its Agency Plan.
(ii) The Initiative shall monitor and evaluate each agency's progress
towards the goals established in its Agency Plan and shall coordinate with
the agency to ensure that its Agency Plan includes measurable and action-
oriented goals.
(f) The Department of Education shall provide funding and
administrative support for the Initiative, to the extent permitted by
law and subject to the availability of appropriations.
(g) To further shared priorities and policies that advance
educational equity, excellence, and economic opportunity for underserved
communities, the Initiative shall collaborate and coordinate with other
White House initiatives related to educational equity, excellence, and
economic opportunity.
(h) The Initiative shall collaborate, as appropriate and consistent
with applicable law, with other organizations and entities, including:
Urban Indian Organizations; governing bodies of Tribal Nations on
Federal and State reservations; State-recognized Tribes; Native Hawaiian
and Native American Pacific Islander organizations; and other Native
American groups that seek to advance educational equity, excellence, and
economic opportunity for Native American students, families, and
communities in the United States.
(i) No later than 1 year after the date of this order and annually
thereafter, the Co-Chairs of the Initiative shall report to the President
on the Initiative's progress in carrying out its mission and objectives
under this order.
[[Page 668]]
Sec. 3. National Advisory Council. The Department of Education's
National Advisory Council on Indian Education (NACIE), comprised of
members appointed by the President under section 6141 of the Elementary
and Secondary Education Act of 1965 (ESEA), 20 U.S.C. 7471, shall serve
as the advisory council for the Initiative and shall report to the
Initiative, through and as requested by the Executive Director. To the
extent appropriate and consistent with applicable law, the NACIE shall
include members from across the education spectrum, including members
who can provide specific expertise on issues concerning TCUs and other
Native American-serving institutions, K-12 and early childhood
education, special education, and vocational education.
(a) In addition to and consistent with the duties set forth in
section 6141(b)(1) of the ESEA, the NACIE shall, in consultation with
the Initiative, advise the Co-Chairs of the Initiative on:
(i) what is needed for the development, implementation, and coordination of
educational programs and initiatives to improve educational opportunities
and outcomes for Native Americans;
(ii) how to promote career pathways for in-demand jobs for Native American
students, including registered apprenticeships as well as internships,
fellowships, mentorships, and work-based learning initiatives;
(iii) ways to strengthen TCUs and increase their participation in agency
programs;
(iv) how to increase public awareness of and generate solutions for the
educational and training challenges and equity disparities that Native
American students face and the causes of these challenges and disparities;
(v) approaches to establish local and national partnerships with public,
private, philanthropic, and nonprofit stakeholders to advance the policy
set forth in section 1 of this order, consistent with applicable law; and
(vi) actions for promoting, improving, and expanding educational
opportunities for Native languages, traditions, and practices to be
sustained through culturally responsive education.
(b) The NACIE and the Executive Director shall, as appropriate and
consistent with applicable law, facilitate frequent collaborations
between the Initiative and Tribal Nations, Alaska Native Entities, and
other Tribal organizations.
(c) The Executive Director shall, in consultation with the NACIE,
address the NACIE's efforts pursuant to subsection (a) of this section
in the annual report of the Initiative submitted to the President.
(d) The Department of Education shall provide staff support for the
NACIE.
Sec. 4. Administrative Provisions. (a) In carrying out this order, the
Secretary of the Interior, the Secretary of Labor, and the Secretary of
Education shall study, collect information, and publish reports on the
education of Native American students.
(b) This order supersedes Executive Order 13592 of December 2, 2011
(Improving American Indian and Alaska Native Educational Opportunities
and Strengthening Tribal Colleges and Universities), which is revoked.
To the extent that there are other Executive Orders that may conflict
with or
[[Page 669]]
overlap with the provisions in this order, the provisions in this order
shall supersede those other Executive Orders on these subjects.
(c) The heads of agencies shall assist and provide information to
the Initiative, consistent with applicable law, as may be necessary to
carry out the functions of the Initiative.
(d) Each agency shall bear its own expenses of participating in the
Initiative.
Sec. 5. Definitions. For the purposes of this order:
(a) ``Tribal Nation'' means an American Indian or Alaska Native
tribe, band, nation, pueblo, village, or community that the Secretary of
the Interior acknowledges as a federally recognized tribe pursuant to
the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5130,
5131.
(b) ``Alaska Native Entities'' includes ``Alaska Native
Corporations,'' which refer to village and regional Alaska Native
corporations organized in accordance with the Alaska Native Claims
Settlement Act (ANCSA), as amended, 43 U.S.C. 1601, et seq., and the 12
regional nonprofit associations identified under section 7 of ANCSA, 43
U.S.C. 1606, that provide many social services for Alaska Natives,
including those related to education.
(c) ``Native American'' and ``Native'' mean members of one or more
Tribal Nations.
(d) ``Public school'' means a Head Start center or a
prekindergarten, elementary, or secondary school that is predominantly
funded through the Federal Government, a State, a local educational
agency, a Tribal Nation government, or an Alaska Native Entity,
including a school operated directly by, through a contract with, or a
grant from the BIE, a Tribal Nation, or a State, county, or local
government.
(e) ``Tribal Colleges and Universities'' means those institutions
that are chartered under the sovereign authority of their respective
Tribal Nation or by the Federal Government and that: qualify for funding
under the Tribally Controlled Colleges and Universities Assistance Act
of 1978, 25 U.S.C. 1801, et seq., or the Navajo Community College
Assistance Act of 1978, 25 U.S.C. 640a note; or are listed in section
532 of the Equity in Educational Land-Grant Status Act of 1994, 7 U.S.C.
301 note.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 670]]
against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
October 11, 2021.
Executive Order 14050 of October 19, 2021
White House Initiative on Advancing Educational Equity, Excellence, and
Economic Opportunity for Black Americans
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Educational opportunity is a fundamental element of
the American promise. The United States Supreme Court recognized in 1954
in Brown v. Board of Education that education ``is a right which must be
made available to all on equal terms.'' In the decades since, our Nation
has made progress in advancing equality and fairness in our schools, and
the achievements, talents, and tenacity of Black students, educators,
families, and scholars make our Nation's schools and communities
stronger for all Americans. Black students are thriving in schools
across the country, inside the classroom--as valedictorians and award-
winning scientists--and outside of it, including in debate, athletics,
student government, and national spelling bees, among many other areas.
Over the course of America's history, Black Americans have helped to
build, strengthen, and lead our Nation towards becoming a more perfect
Union. Although for far too long, Black Americans were denied even the
most basic access to education, the vital contributions of Black
Americans in the fields of science, academia, business, and public
service, among others, are a testament to the resilience of Black
Americans and the steps our Nation has taken to expand access to
education and opportunity.
In spite of this progress, entrenched disparities continue to plague
America's education system, holding far too many Black students back
from achieving their full potential. Because of persistent racial and
systemic injustices in our Nation, Black students remain more likely to
attend high-poverty and racially segregated schools than White students.
Black students are inequitably disciplined and suspended from school at
disproportionately higher rates than White students for similar
offenses. In addition, Black students too often face limited access to
advanced and college-preparatory courses. Systemic racial disparities in
education negatively impact learning outcomes for Black students and
many face persistent gaps in reading and mathematics achievement.
Studies show that school districts with high concentrations of Black
students are much more likely to be underfunded than districts where a
majority of students are White, and face much wider funding gaps, with
an average deficit of more than $5,000 per student. Black students are
still below the national average for educational attainment in high
school, and that gap is even higher for college attainment rates, as 26
percent of Black Americans ages 25 and older have attained a bachelor's
degree, while the national average is 36 percent. Black
[[Page 671]]
students also face unique challenges at the intersection of race and
gender. Barriers to equity in education can compound for Black students
who are also LGBTQ+ students, English-language learners, Dreamers, or
students with disabilities.
These disparities result in long-standing college and postsecondary
educational attainment gaps that affect life outcomes and access to
opportunities. Although student populations are becoming increasingly
diverse, Black teachers remain significantly underrepresented in our
Nation's classrooms. Educational inequities have only widened throughout
the COVID-19 pandemic, as Black students are more likely to experience
remote learning challenges and greater learning loss as compared to
their White peers. The persistent digital divide faced by some Black
students has contributed to this disparity. It is a priority of my
Administration to ensure an equitable recovery from COVID-19, and to
provide all students with a successful return to the classroom.
In the face of these historic and present-day inequities in our Nation's
schools, Black students continue to persevere. Black students and
scholars today are breaking the barriers confronted by generations who
came before. Our Nation's schools and communities are irrefutably
strengthened by the success, scholarship, and tenacity of Black students
of all ages. But our Nation must go further to finally root out systemic
barriers in our schools.
Additionally, these barriers are present not just in the classroom, but
also in the workplace. Black Americans face systemic obstacles to
getting good jobs, gaps in wages and promotion, and higher incidences of
reported workplace discrimination than White workers. Eliminating these
inequities requires expanding access to work-based learning and
leadership opportunities, including mentorships, sponsorships,
internships, and registered apprenticeships that provide not only career
guidance, but also the experience needed to navigate and excel in
successful careers. In order for our Nation to equitably recover from
the COVID-19 crisis, and to ensure that every Black person in America
has a fair shot at the American dream, we must advance equity and
excellence in public education and access to economic opportunities.
It is the policy of my Administration to advance educational equity,
excellence, and economic opportunity for Black Americans and communities
from early childhood until their chosen career.
Sec. 2. White House Initiative on Advancing Educational Equity,
Excellence, and Economic Opportunity for Black Americans. (a) To advance
equity in our Nation's schools and to promote the economic opportunity
that follows it, there is established in the Department of Education
(Department) the White House Initiative on Advancing Educational Equity,
Excellence, and Economic Opportunity for Black Americans (Initiative),
of which the Secretary of Education (Secretary) shall serve as Chair.
The Secretary shall designate an Executive Director for the Initiative
(Executive Director).
(b) The Initiative shall advance educational equity and economic
opportunity for Black students, families, and communities by focusing on
the following policy goals:
(i) increasing general understanding of systemic causes of educational
challenges faced by many Black students, whether these students are in
urban, suburban, rural, or migrant learning environments, and working
[[Page 672]]
across executive departments and agencies (agencies) to address these
challenges;
(ii) increasing Black children's and families' access to and participation
in high-quality early childhood programs and services that promote
children's healthy development and learning, prepare them for success in
school, and affirm their cultural identity;
(iii) addressing the inequitable treatment of Black children, such as
eradicating discriminatory referrals to special education and excessive
disciplinary actions;
(iv) supporting and improving data collection related to Black students and
the implementation of evidence-based strategies to increase the
participation and success of Black students in all levels of education and
prepare them for careers and civic engagement;
(v) ensuring that all Black students have access to excellent teachers,
school leaders, and other professionals, including by supporting efforts to
improve the recruitment, preparation, development, and retention of
qualified, diverse teachers and school leaders and other professionals who
understand students' lived experiences and can effectively meet their
learning, social, and emotional needs;
(vi) enhancing student support services and fostering positive engagement
among schools, families, community leaders, and community-based
organizations to increase the high school graduation and post-secondary
attendance rates and decrease the high school dropout rate for Black
students;
(vii) promoting a positive school climate that supports equitable access to
and participation in college-readiness, advanced placement courses, and
internship opportunities, as well as innovative dropout prevention and
recovery strategies that better engage Black youth in their learning, help
them progress academically as needed, and provide those who have left the
educational system with pathways to reentry;
(viii) eliminating discriminatory enrollment, housing, transportation, and
other policies that lead to racial and socioeconomic segregation among and
within schools;
(ix) ensuring equitable access to educational resources, professionals, and
technology, including by addressing racial disparities in school funding
and expenditures;
(x) breaking down barriers that impede the access of higher education
institutions that serve Black students, such as Predominantly Black
Institutions (PBIs) and Historically Black Colleges and Universities
(HBCUs), to Federal funding, and strengthening the capacity of those
institutions to participate in Federal programs and partnerships;
(xi) advancing racial equity and economic opportunity by connecting
education to labor market needs through programs such as dual enrollment,
career and technical education, registered apprenticeships, work-based
learning, and career advancement, particularly in the fields of science,
technology, engineering, and mathematics; and
[[Page 673]]
(xii) ensuring that Black communities have access to resources for economic
success, such as in the areas of financial education, small business
development, entrepreneurship, arts, science, technology, engineering, and
mathematics.
(c) In working to fulfill its mission and objectives, the Initiative
shall, consistent with applicable law:
(i) identify and promote evidence-based best practices that can provide
Black students with a rigorous and well-rounded education in safe and
healthy environments, as well as access to support services, that will
improve their educational, professional, economic, and civic opportunities;
(ii) advance and coordinate efforts to ensure equitable opportunities for
Black students in the re-opening process for schools across the country,
and take steps to ensure that Black students, from early childhood to post-
secondary education, can equitably recover from learning losses and other
challenges faced during the COVID-19 pandemic;
(iii) encourage and develop partnerships with a national network of early
childhood and early intervention providers, schools, institutions of higher
education, and other public, private, philanthropic, and nonprofit
stakeholders to improve access to educational equity and economic
opportunities for Black Americans;
(iv) monitor and support the development, implementation, and coordination
of Federal Government educational, workforce, research, and business
development policies, programs, and technical assistance designed to
improve outcomes for historically underserved communities, including Black
Americans;
(v) work closely with the Executive Office of the President on key
Administration priorities related to education, equity, and economic
opportunity for Black Americans; and
(vi) advise the Secretary on issues of importance to Black Americans and
policies relating to educational equity, excellence, and economic
opportunity for Black Americans.
(d) There is established a Federal Interagency Working Group, which
shall be convened by the Executive Director and shall support the
efforts of the Initiative. The Interagency Working Group shall
collaborate regarding resources and opportunities available across the
Federal Government to increase educational and economic opportunities
for Black Americans.
(i) The Interagency Working Group shall consist of senior officials
(designated by the heads of their respective departments, agencies, and
offices) from the following:
(A) the Department of State;
(B) the Department of the Treasury;
(C) the Department of Defense;
(D) the Department of Justice;
(E) the Department of the Interior;
(F) the Department of Agriculture;
(G) the Department of Commerce;
[[Page 674]]
(H) the Department of Labor;
(I) the Department of Health and Human Services;
(J) the Department of Housing and Urban Development;
(K) the Department of Transportation;
(L) the Department of Energy;
(M) the Department of Education;
(N) the Department of Veterans Affairs;
(O) the Department of Homeland Security;
(P) the White House Office of Management and Budget;
(Q) the White House Office of Science and Technology Policy;
(R) the Small Business Administration;
(S) the White House Domestic Policy Council;
(T) the White House Gender Policy Council;
(U) the White House Office of Public Engagement;
(V) the National Science Foundation;
(W) the National Aeronautics and Space Administration;
(X) the United States Agency for International Development; and
(Y) such additional executive departments, agencies, and offices as the
Secretary may designate.
(ii) The Executive Director may establish subgroups of the Interagency
Working Group to focus on different aspects of the educational system (such
as PBIs and HBCUs, early childhood education, kindergarten through 12th
grade education, children and adults with disabilities, teacher diversity,
higher education, career and technical education, adult education, or
correctional education and reengagement), economic opportunity (work-based
learning, entrepreneurship, financial education, or mentorship), or
educational challenges facing particular populations.
(e) Each agency designated to participate in the Interagency Working
Group shall prepare a plan (Agency Plan) outlining measurable actions
the agency will take to advance educational equity and economic
opportunity for Black communities, including their plans to implement
the policy goals and directives outlined in section 2(b) of this order
and other relevant work. These plans shall be submitted to the Chair of
the Initiative on a date established by the Chair.
(i) As appropriate, each Agency Plan shall include:
(A) a description of the applicable agency's efforts to ensure that
Federal programs and initiatives administered by the Department and other
agencies are meeting the educational needs of Black Americans, including
efforts to incorporate best practices into appropriate discretionary
programs where the agency sees fit and as permitted by law;
(B) a description of how the applicable agency has and will decrease
barriers to participation of Black Americans in Federal employment and
student engagement opportunities;
[[Page 675]]
(C) a description of how the applicable agency can address challenges
facing Black students and higher education institutions that serve Black
students, such as PBIs and HBCUs, brought on by or exacerbated by the
COVID-19 pandemic;
(D) a description of how the agency's Office of Civil Rights, if
applicable, can address discriminatory policies and practices that limit
educational and economic opportunity for Black Americans;
(E) any other information the applicable agency determines is relevant to
promoting educational opportunities for Black Americans; and
(F) information addressing any additional criteria established by the
Chair or the Initiative.
(ii) Each agency shall assess and report to the Chair on their progress in
implementing the Agency Plan on a regular basis as established by the
Chair.
(iii) The Initiative shall monitor and evaluate each agency's progress
towards the goals established in its Agency Plan and shall coordinate with
the agency to ensure that its Plan includes measurable and action-oriented
goals.
(f) The Department shall provide funding and administrative support
for the Initiative and the Interagency Working Group, to the extent
permitted by law and within existing appropriations. To the extent
permitted by law, including the Economy Act (31 U.S.C. 1535), other
agencies and offices represented on the Interagency Working Group may
detail personnel to the Initiative, to assist the Department in meeting
the objectives of this order.
(g) To advance shared priorities and policies that advance equity
and economic opportunity for underserved communities, the Initiative
shall collaborate and coordinate with other White House Initiatives
related to equity and opportunity.
(h) On an annual basis, the Chair shall report to the President on
the Initiative's progress in carrying out its mission and function under
this order.
Sec. 3. Presidential Advisory Commission. (a) There is established in
the Department a Presidential Advisory Commission on Advancing
Educational Equity, Excellence, and Economic Opportunity for Black
Americans (Commission).
(b) The Commission shall provide advice to the President through the
Secretary on matters pertaining to educational equity and economic
opportunity for the Black community, including:
(i) what is needed for the development, implementation, and coordination of
educational programs and initiatives at the Department and other agencies
to improve educational opportunities and outcomes for Black Americans;
(ii) how to promote career pathways for in-demand jobs for Black students,
including registered apprenticeships, internships, fellowships,
mentorships, and work-based learning initiatives;
(iii) how to increase public awareness of and generate solutions for the
educational and training challenges and equity disparities that Black
Americans face and the causes of these challenges; and
[[Page 676]]
(iv) approaches to establish local and national partnerships with public,
private, philanthropic, and nonprofit stakeholders to advance the mission
and objectives of this order, consistent with applicable law.
(c) The Commission shall periodically report to the President,
through the Secretary and after consulting with the Executive Director,
on progress in addressing the mission of the Commission.
(d) The Commission shall consist of not more than 21 members
appointed by the President. The Commission may include individuals with
relevant experience or subject matter expertise, as well as individuals
who may serve as representatives from a variety of sectors, including
education (early childhood education, elementary and secondary
education, higher education, career and technical education, and adult
education), labor organizations, research institutions, public and
private philanthropic organizations, private sector, nonprofit, and
community-based organizations at the national, State, Tribal, regional,
or local levels. Commission members should be able to provide specific
insight into the lived experiences of those served by the Initiative,
including young adults, and have diversity across the Black diaspora and
the geography of the country.
(i) The President shall designate one member of the Commission to serve as
its Chair. The Chair, in consultation with the Executive Director, shall
convene regular meetings of the Commission, determine the Commission
meeting agenda, and support the work of the Commission, consistent with
this order.
(ii) The Commission shall meet on a regular basis, and at least twice a
year.
(e) The Department shall provide funding and administrative support
for the Commission, to the extent permitted by law and within existing
appropriations. Members of the Commission shall serve without
compensation but shall be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by law for persons serving
intermittently in the Government service (5 U.S.C. 5701-5707). Insofar
as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may
apply to the administration of the Commission, any functions of the
President under that Act, except that of reporting to the Congress,
shall be performed by the Secretary, in accordance with guidelines
issued by the Administrator of General Services.
(f) The Commission shall terminate 2 years from the date of this
order, unless extended by the President.
Sec. 4. Administrative Provisions. (a) This order supersedes Executive
Order 13621 of July 26, 2012 (White House Initiative on Educational
Excellence for African Americans), which is hereby revoked. To the
extent that there are other Executive Orders that may conflict with or
overlap with the provisions in this order, the provisions in this order
supersede those other Executive Orders on these subjects.
(b) The heads of agencies shall assist and provide information to
the Initiative and the Commission established in this order, consistent
with applicable law, as may be necessary to carry out the functions of
the Initiative and the Commission.
(c) Each agency shall bear its own expenses of participating in the
Initiative established in this order.
[[Page 677]]
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
October 19, 2021.
Executive Order 14051 of October 31, 2021
Designation To Exercise Authority Over the National Defense Stockpile
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Strategic and
Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.),
section 1413 of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239), and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Policy and Purpose. The United States needs resilient,
diverse, and secure supply chains to ensure our economic prosperity,
national security, and national competitiveness. In Executive Order
14017 of February 24, 2021 (America's Supply Chains), I directed a
comprehensive review of America's supply chains to ensure that they are
resilient in the face of a range of risks. One critical component of
safeguarding supply chain resilience and industrial base health is
ensuring that both the Federal Government and the private sector
maintain adequate quantities of supplies, equipment, or raw materials on
hand to create a buffer against potential shortages and import
dependencies. Some of the Federal Government's key tools to maintain
adequate quantities of supplies to guard against such shortages and
dependencies are the United States national stockpiles, including the
National Defense Stockpile. By strengthening the National Defense
Stockpile, the Federal Government will both ensure that it is keeping
adequate quantities of goods on hand and provide a model for the private
sector, while recognizing that private sector stockpiles and reserves
can differ from government ones. This order confers authority related to
the release of strategic and critical materials from the National
Defense Stockpile to improve Federal Government efforts around
stockpiling for national defense purposes.
[[Page 678]]
Sec. 2. Designation. In accordance with section 98f of title 50, United
States Code, the Under Secretary of Defense for Acquisition and
Sustainment (Under Secretary) is designated to have authority to release
strategic and critical materials from the National Defense Stockpile.
Sec. 3. Execution and Consultation. In executing the authority conferred
by this order, the Under Secretary may release strategic and critical
materials from the National Defense Stockpile for use, sale, or other
disposition only when required for use, manufacture, or production for
purposes of national defense. No release is authorized for economic or
budgetary purposes. Prior to ordering the release of strategic and
critical materials from the National Defense Stockpile, the Under
Secretary shall consult with the heads of relevant executive departments
and agencies.
Sec. 4. Authority. (a) All previously issued orders, regulations,
rulings, certificates, directives, and other actions relating to any
function affected by this order shall remain in effect except to the
extent that they are inconsistent with this order or are subsequently
amended or revoked under proper authority. Nothing in this order shall
affect the validity or force of anything done under previous delegations
or another assignment of authority under the Strategic and Critical
Materials Stock Piling Act.
(b) Nothing in this order shall affect the authorities assigned
under Executive Order 13603 of March 16, 2012 (National Defense
Resources Preparedness).
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
October 31, 2021.
Executive Order 14052 of November 15, 2021
Implementation of the Infrastructure Investment and Jobs 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 effectively
implement the historic infrastructure investments in the Infrastructure
Investment and Jobs Act (the Act), it is hereby ordered as follows:
[[Page 679]]
Section 1. Background. The Infrastructure Investment and Jobs Act is a
once-in-a-generation investment in our Nation's infrastructure and
competitiveness. It will help rebuild America's roads, bridges, and
rails; expand access to clean drinking water; work to ensure access to
high-speed internet throughout the Nation; tackle the climate crisis;
advance environmental justice; and invest in communities that have too
often been left behind. It will accomplish all of this while driving the
creation of good-paying union jobs and growing the economy sustainably
and equitably for decades to come.
Critical to achieving these goals will be the effective implementation
of the Act by my Administration, as well as by State, local, Tribal, and
territorial governments.
Sec. 2. Implementation Priorities. In implementing the Act, all agencies
(as described in section 3502(1) of title 44, United States Code, except
for the agencies described in section 3502(5) of title 44), shall, as
appropriate and to the extent consistent with law, prioritize:
(a) investing public dollars efficiently, working to avoid waste,
and focusing on measurable outcomes for the American people;
(b) increasing the competitiveness of the United States economy,
including through implementing the Act's Made-in-America requirements
and bolstering United States manufacturing and supply chains;
(c) improving job opportunities for millions of Americans by
focusing on high labor standards for these jobs, including prevailing
wages and the free and fair chance to join a union;
(d) investing public dollars equitably, including through the
Justice40 Initiative, which is a Government-wide effort toward a goal
that 40 percent of the overall benefits from Federal investments in
climate and clean energy flow to disadvantaged communities;
(e) building infrastructure that is resilient and that helps combat
the crisis of climate change; and
(f) effectively coordinating with State, local, Tribal, and
territorial governments in implementing these critical investments.
Sec. 3. Infrastructure Implementation Task Force. (a) There is
established within the Executive Office of the President the
Infrastructure Implementation Task Force (Task Force). The function of
the Task Force is to coordinate effective implementation of the
Infrastructure Investment and Jobs Act and other related significant
infrastructure programs within the executive branch.
(b) The Assistant to the President for Economic Policy and Director
of the National Economic Council shall serve as Co-Chair of the Task
Force.
(c) There is established within the Executive Office of the
President the position of White House Infrastructure Coordinator, who
shall serve as Co-Chair of the Task Force.
(d) In addition to the Co-Chairs, the Task Force shall consist of
the following members:
(i) the Secretary of the Interior;
(ii) the Secretary of Agriculture;
(iii) the Secretary of Commerce;
[[Page 680]]
(iv) the Secretary of Labor;
(v) the Secretary of Transportation;
(vi) the Secretary of Energy;
(vii) the Administrator of the Environmental Protection Agency;
(viii) the Director of the Office of Management and Budget;
(ix) the Director of the Office of Personnel Management;
(x) the Assistant to the President and Director of the Domestic Policy
Council;
(xi) the Assistant to the President and National Climate Advisor; and
(xii) the heads of such other executive departments, agencies, and offices
as the Co-Chairs may from time to time invite to participate.
(e) The Co-Chairs may coordinate subgroups consisting of Task Force
members or their designees, as appropriate.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
November 15, 2021.
Executive Order 14053 of November 15, 2021
Improving Public Safety and Criminal Justice for Native Americans and
Addressing the Crisis of Missing or Murdered Indigenous People
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby order as follows:
Section 1. Policy. The safety and well-being of all Native Americans is
a top priority for my Administration. My Administration will work hand
in hand with Tribal Nations and Tribal partners to build safe and
healthy Tribal communities and to support comprehensive law enforcement,
prevention, intervention, and support services.
Generations of Native Americans have experienced violence or mourned a
missing or murdered family member or loved one, and the lasting impacts
[[Page 681]]
of such tragedies are felt throughout the country. Native Americans face
unacceptably high levels of violence, and are victims of violent crime
at a rate much higher than the national average. Native American women,
in particular, are disproportionately the victims of sexual and gender-
based violence, including intimate partner homicide. Research shows that
approximately half of Native American women have experienced sexual
violence and that approximately half have experienced physical violence
by an intimate partner. LGBTQ+ Native Americans and people who identify
as ``Two-Spirit'' people within Tribal communities are also often the
targets of violence. And the vast majority of Native American survivors
report being victimized by a non-Native American individual.
For far too long, justice has been elusive for many Native American
victims, survivors, and families. Criminal jurisdiction complexities and
resource constraints have left many injustices unaddressed. Some
progress has been made, particularly on Tribal lands. Given that
approximately 70 percent of American Indian and Alaska Natives live in
urban areas and part of this epidemic of violence is against Native
American people in urban areas, we must continue that work on Tribal
lands but also build on existing strategies to identify solutions
directed toward the particular needs of urban Native Americans.
In 2020, bipartisan members of the 116th Congress took an important step
forward through the passage of two pieces of legislation--Savanna's Act
and the Not Invisible Act of 2019--that include important provisions for
improving law enforcement and justice protocols as well as improving
access to data to address missing or murdered indigenous people. My
Administration is committed to fully implementing these laws and working
with the Congress to fund these programs for Native Americans. Earlier
this year, the Secretary of the Interior and the Attorney General
announced a Joint Commission, established pursuant to the Not Invisible
Act, that includes: representatives of Tribal, State, and local law
enforcement; Tribal judges; Native American survivors of human
trafficking; health care and mental health practitioners who have
experience working with Native American survivors of human trafficking
and sexual assault; Urban Indian Organizations focused on violence
against women and children; and family members of missing or murdered
indigenous people. The Commission will work to address the persistent
violence endured by Native American families and communities across the
country. In addition, the Department of the Interior has established a
special unit to focus resources on active and unsolved missing persons
cases.
But more work is needed to address the crisis of ongoing violence
against Native Americans--and of missing or murdered indigenous people.
Previous executive action has not achieved changes sufficient to reverse
the epidemic of missing or murdered indigenous people and violence
against Native Americans. The Federal Government must prioritize
addressing this issue and its underlying causes, commit the resources
needed to tackle the high rates of violent crime that Native Americans
experience over the long term, coordinate and provide resources to
collect and analyze data, and work closely with Tribal leaders and
community members, Urban Indian Organizations, and other interested
parties to support prevention and intervention efforts that will make a
meaningful and lasting difference on the ground.
[[Page 682]]
It is the policy of my Administration to work directly with Tribal
Nations to strengthen public safety and criminal justice in Indian
Country and beyond, to reduce violence against Native American people,
and to ensure swift and effective Federal action that responds to the
problem of missing or murdered indigenous people. My Administration
understands that Native American people, particularly the survivors of
violence, know best what their communities need to make them safer.
Consistent engagement, commitment, and collaboration will drive long-
term improvement to public safety for all Native Americans.
Sec. 2. Coordination of a Federal Law Enforcement Strategy to Prevent
and Respond to Violence Against Native Americans. The Attorney General,
working with the Secretary of the Interior and the heads of other
executive departments and agencies (agencies) as appropriate, shall
assess and build on existing efforts to develop a coordinated and
comprehensive Federal law enforcement strategy to prevent and respond to
violence against Native Americans, including to address missing or
murdered indigenous people where the Federal Government has
jurisdiction. The strategy shall set out a plan to address unsolved
cases involving Native Americans; provide for coordination among the
Department of Justice, the Department of the Interior, and the
Department of Homeland Security in their efforts to end human
trafficking; seek to strengthen and expand Native American participation
in the Amber Alert in Indian Country initiative; and build on and
enhance national training programs for Federal agents and prosecutors,
including those related to trauma-informed and victim-centered interview
and investigation techniques. The strategy shall also include protocols
for effective, consistent, and culturally and linguistically appropriate
communication with families of victims and their advocates, including
through the creation of a designated position within the Department of
Justice assigned the function of serving as the outreach services
liaison for criminal cases where the Federal Government has
jurisdiction. The Attorney General and the Secretary of the Interior
shall report to the President within 240 days of the date of this order
describing the strategy developed and identifying additional resources
or other support necessary to implement that strategy.
Sec. 3. Supporting Tribal and Other Non-Federal Law Enforcement Efforts
to Prevent and Respond to Violence Against Native Americans. (a) The
Attorney General and the Secretary of the Interior, working with the
heads of other agencies as appropriate, shall develop guidance, identify
leading practices, and provide training and technical assistance,
consistent with applicable law and available appropriations, to:
(i) assist Tribal governments in implementing special domestic violence
criminal jurisdiction pursuant to the Violence Against Women
Reauthorization Act of 2013, enabling them to prosecute certain non-Indian
defendants for domestic violence and dating violence offenses in Indian
Country, and also assist Tribes in implementing any relevant Tribal
provisions in subsequent Violence Against Women Act reauthorization
legislation;
(ii) assist Tribal governments within Oklahoma, consistent with the United
States Supreme Court's decision in McGirt v. Oklahoma, 140 S. Ct. 2452
(2020), to build capacity to handle cases within their criminal
jurisdiction, including the capacity to provide victim services;
[[Page 683]]
(iii) promote coordination of Federal, State, local, and Tribal law
enforcement, including, as appropriate, through the development and support
of Tribal Community Response Plans;
(iv) continue to assist Tribal law enforcement and judicial personnel with
training, as described in 25 U.S.C. 2451, on the investigation and
prosecution of offenses related to illegal narcotics and on alcohol and
substance abuse prevention and treatment; and
(v) assist Tribal, State, and local law enforcement entities' ability to
apply linguistically appropriate, trauma-informed, and victim-centered
practices when working with victims of crime, and to develop prevention
strategies and recognize the indicators of human trafficking affecting
Native Americans.
(b) The Attorney General and the Secretary of the Interior shall
continue to assess their respective grantmaking operations to evaluate
whether any changes, consistent with applicable law, are warranted to
make that grantmaking more equitable for Tribal applicants seeking
support for law enforcement purposes and for the provision of services
to victims and survivors.
Sec. 4. Improving Data Collection, Analysis, and Information Sharing.
(a) The Attorney General, in coordination with the Secretary of the
Interior and the Secretary of Health and Human Services (HHS), as
appropriate, shall sustain efforts to improve data collection and
information-sharing practices, conduct outreach and training, and
promote accurate and timely access to information services regarding
crimes or threats against Native Americans, including in urban areas,
such as through the National Crime Information Center, the Next
Generation Identification system, and the National Violent Death
Reporting System, as appropriate and consistent with applicable law.
(b) The Attorney General shall take steps, consistent with
applicable law, to expand the number of Tribes participating in the
Tribal Access Program for National Crime Information, which provides
Tribes access to national crime information systems for federally
authorized purposes.
(c) The Attorney General, in coordination with the Secretary of the
Interior and the Secretary of HHS, shall develop a strategy for ongoing
analysis of data collected on violent crime and missing persons
involving Native Americans, including in urban Indian communities, to
better understand the extent and causes of this crisis. Within 240 days
of the date of this order, the Attorney General, the Secretary of the
Interior, and the Secretary of HHS shall report jointly to the President
on the strategy they have developed to conduct and coordinate that
analysis and shall identify additional resources or other support
necessary to implement that strategy.
(d) The Attorney General shall assess the current use of DNA testing
and DNA database services to identify missing or murdered indigenous
people and any responsible parties, including the unidentified human
remains, missing persons, and relatives of missing persons indices of
the Combined DNA Index System and the National Missing and Unidentified
Persons System. Within 240 days of the date of this order, the Attorney
General shall report the outcome of this assessment to the President,
along with recommendations to improve the use and accessibility of DNA
database services.
[[Page 684]]
(e) The Secretary of HHS shall evaluate the adequacy of research and
data collection efforts at the Centers for Disease Control and
Prevention and the National Institutes of Health in accurately measuring
the prevalence and effects of violence against Native Americans,
especially those living in urban areas, and report to the President
within 180 days of the date of this order on those findings and any
planned changes to improve those research and data collection efforts.
Sec. 5. Strengthening Prevention, Early Intervention, and Victim and
Survivor Services. (a) The Secretary of HHS, in consultation with the
Secretary of the Interior and Tribal Nations and after conferring with
other agencies, researchers, and community-based organizations
supporting indigenous wellbeing, including Urban Indian Organizations,
as appropriate, shall develop a comprehensive plan to support prevention
efforts that reduce risk factors for victimization of Native Americans
and increase protective factors, including by enhancing the delivery of
services for Native American victims and survivors, as well as their
families and advocates. The comprehensive plan shall, to the extent
possible, build on the existing evidence base. The plan shall include
strategies for improving mental and behavioral health; providing
substance abuse services; providing family support, including high-
quality early childhood programs for victims and survivors with young
children; and preventing elder abuse, gender-based violence, and human
trafficking. In addition, the plan shall also include community-based
strategies that improve community cohesion and cultural connectivity and
preservation, educational programs to increase empowerment and self-
advocacy, and strategies to encourage culturally and linguistically
appropriate, trauma-informed, and victim-centered service delivery to
Native Americans, including for survivors of gender-based violence. The
Secretary of HHS shall report to the President within 240 days of the
date of this order describing the plan and actions taken and identifying
any additional resources or other support needed.
(b) The Secretary of HHS and the Secretary of the Interior shall
review procedures within their respective departments for reporting
child abuse and neglect, including barriers to reporting, and shall take
appropriate action to make reporting of child abuse and neglect by the
Indian Health Service easier and more streamlined. In addition, the
Secretaries shall assess and identify ways to expand Native American
access to child advocacy center services such as pediatric medical
forensic examination services, mental health care providers with
advanced training in child trauma, and culturally and linguistically
appropriate activities and services geared toward pediatric patients.
The Secretaries shall report to the President within 180 days of the
date of this order describing actions taken, findings from the
assessment, and planned actions to expand access, and identifying any
additional resources or other support needed.
(c) The Secretary of the Interior, consulting with the Attorney
General and the Secretary of HHS, as appropriate, shall evaluate the
effectiveness of existing technical assistance and judicial support
services for Tribes to provide community-based conflict resolution, as
well as culturally and linguistically appropriate, trauma-informed, and
victim-centered strategies, including traditional healing services and
healing courts, and shall identify and make improvements as needed. The
Secretary of the Interior shall report to the President within 180 days
of the date of this order describing the evaluation findings and the
improvements implemented.
[[Page 685]]
Sec. 6. Consultation and Engagement. In accordance with the Presidential
Memorandum of January 26, 2021 (Tribal Consultation and Strengthening
Nation-to-Nation Relationships), the Departments of Justice, the
Interior, HHS, Energy, and Homeland Security shall conduct timely
consultations with Tribal Nations and shall engage Native American
communities to obtain their comments and recommendations regarding
implementing sections 2 through 5 of this order. Tribal consultation and
engagement shall continue as the strategies required by this order are
implemented.
Sec. 7. Definitions. For the purposes of this order:
(a) ``Tribal Nation'' means an American Indian or Alaska Native
tribe, band, nation, pueblo, village, or community that the Secretary of
the Interior acknowledges as a federally recognized tribe pursuant to
the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5130,
5131.
(b) ``Native American'' and ``Native'' mean members of one or more
Tribal Nations.
(c) ``Urban Indian Organization'' means a nonprofit corporate body
situated in an urban center, governed by an urban Indian controlled
board of directors, and providing for the maximum participation of all
interested Indian groups and individuals, which body is capable of
legally cooperating with other public and private entities, pursuant to
25 U.S.C. 1603(29).
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
November 15, 2021.
Executive Order 14054 of November 18, 2021
Termination of Emergency With Respect to the Situation in Burundi
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the
Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section
301 of title 3, United States Code,
[[Page 686]]
I, JOSEPH R. BIDEN JR., President of the United States of America, find
that the situation that gave rise to the declaration of a national
emergency in Executive Order 13712 of November 22, 2015 (Blocking
Property of Certain Persons Contributing to the Situation in Burundi),
with respect to the situation in Burundi, including the killing of and
violence against civilians, unrest, incitement of imminent violence, and
significant political repression, which threatened the peace, security,
and stability of Burundi, has been significantly altered by events of
the past year, including the transfer of power following elections in
2020, significantly decreased violence, and President Ndayishimiye's
pursuit of reforms across multiple sectors. Accordingly, I hereby
terminate the national emergency declared in Executive Order 13712, and
revoke that order, and further order:
Section 1. In light of the revocation of Executive Order 13712, the
suspension of entry as immigrants and nonimmigrants of individuals
meeting the criteria set forth in section 1(a) of that order will no
longer be in effect as of the date of this order and such individuals
will no longer be treated as persons covered by Presidential
Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens
Subject to United Nations Security Council Travel Bans and International
Emergency Economic Powers Act Sanctions).
Sec. 2. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)),
termination of the national emergency declared in Executive Order 13712
shall not affect any action taken or proceeding pending not finally
concluded or determined as of the date of this order, any action or
proceeding based on any act committed prior to the date of this order,
or any rights or duties that matured or penalties that were incurred
prior to the date of this order.
Sec. 3. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
November 18, 2021.
[[Page 687]]
Executive Order 14055 of November 18, 2021
Nondisplacement of Qualified Workers Under Service Contracts
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and in order to
promote economy and efficiency in procurement, it is hereby ordered as
follows:
Section 1. Policy. When a service contract expires, and a follow-on
contract is awarded for the same or similar services, the Federal
Government's procurement interests in economy and efficiency are best
served when the successor contractor or subcontractor hires the
predecessor's employees, thus avoiding displacement of these employees.
Using a carryover work force reduces disruption in the delivery of
services during the period of transition between contractors, maintains
physical and information security, and provides the Federal Government
with the benefits of an experienced and well-trained work force that is
familiar with the Federal Government's personnel, facilities, and
requirements. These same benefits are also often realized when a
successor contractor or subcontractor performs the same or similar
contract work at the same location where the predecessor contract was
performed.
Sec. 2. Definitions.
(a) ``Service contract'' or ``contract'' means any contract,
contract-like instrument, or subcontract for services entered into by
the Federal Government or its contractors that is covered by the Service
Contract Act of 1965, as amended, 41 U.S.C. 6701 et seq., and its
implementing regulations.
(b) ``Employee'' means a service employee as defined in the Service
Contract Act of 1965, as amended, 41 U.S.C. 6701(3).
(c) ``Agency'' means an executive department or agency, including an
independent establishment subject to the Federal Property and
Administrative Services Act, 40 U.S.C. 102(4)(A).
Sec. 3. Nondisplacement of Qualified Workers. (a) Each agency shall, to
the extent permitted by law, ensure that service contracts and
subcontracts that succeed a contract for performance of the same or
similar work, and solicitations for such contracts and subcontracts,
include the following clause:
``Nondisplacement of Qualified Workers: (a) The contractor and its
subcontractors shall, except as otherwise provided herein, in good faith
offer service employees (as defined in the Service Contract Act of 1965,
as amended, 41 U.S.C. 6701(3)) employed under the predecessor contract
and its subcontracts whose employment would be terminated as a result of
the award of this contract or the expiration of the contract under which
the employees were hired, a right of first refusal of employment under
this contract in positions for which those employees are qualified. The
contractor and its subcontractors shall determine the number of
employees necessary for efficient performance of this contract and may
elect to employ more or fewer employees than the predecessor contractor
employed in connection with performance of the work solely on the basis
of that determination. Except as provided in paragraph (b), there shall
be no employment opening under this contract or subcontract, and the
contractor and
[[Page 688]]
any subcontractors shall not offer employment under this contract to any
person prior to having complied fully with the obligations described in
this clause. The contractor and its subcontractors shall make an express
offer of employment to each employee as provided herein and shall state
the time within which the employee must accept such offer, but in no
case shall the period within which the employee must accept the offer of
employment be less than 10 business days.
``(b) Notwithstanding the obligation under paragraph (a) above, the
contractor and any subcontractors (1) are not required to offer a right
of first refusal to any employee(s) of the predecessor contractor who
are not service employees within the meaning of the Service Contract Act
of 1965, as amended, 41 U.S.C. 6701(3), and (2) are not required to
offer a right of first refusal to any employee(s) of the predecessor
contractor for whom the contractor or any of its subcontractors
reasonably believes, based on reliable evidence of the particular
employees' past performance, that there would be just cause to discharge
the employee(s) if employed by the contractor or any subcontractors.
``(c) The contractor shall, not less than 10 business days before
the earlier of the completion of this contract or of its work on this
contract, furnish the Contracting Officer a certified list of the names
of all service employees working under this contract and its
subcontracts during the last month of contract performance. The list
shall also contain anniversary dates of employment of each service
employee under this contract and its predecessor contracts either with
the current or predecessor contractors or their subcontractors. The
Contracting Officer shall provide the list to the successor contractor,
and the list shall be provided on request to employees or their
representatives, consistent with the Privacy Act, 5 U.S.C. 552a, and
other applicable law.
``(d) If it is determined, pursuant to regulations issued by the
Secretary of Labor (Secretary), that the contractor or its
subcontractors are not in compliance with the requirements of this
clause or any regulation or order of the Secretary, the Secretary may
impose appropriate sanctions against the contractor or its
subcontractors, as provided in Executive Order (No.) ____, the
regulations implementing that order, and relevant orders of the
Secretary, or as otherwise provided by law.
``(e) In every subcontract entered into in order to perform services
under this contract, the contractor will include provisions that ensure
that each subcontractor will honor the requirements of paragraphs (a)
and (b) with respect to the employees of a predecessor subcontractor or
subcontractors working under this contract, as well as of a predecessor
contractor and its subcontractors. The subcontract shall also include
provisions to ensure that the subcontractor will provide the contractor
with the information about the employees of the subcontractor needed by
the contractor to comply with paragraph (c) of this clause. The
contractor shall take such action with respect to any such subcontract
as may be directed by the Secretary as a means of enforcing such
provisions, including the imposition of sanctions for noncompliance:
provided, however, that if the contractor, as a result of such
direction, becomes involved in litigation with a subcontractor, or is
threatened with such involvement, the contractor may request that the
United States enter into such litigation to protect the interests of the
United States.''
[[Page 689]]
(b) Nothing in this order shall be construed to require or recommend
that agencies, contractors, or subcontractors pay the relocation costs
of employees who exercise their right to work for a successor contractor
or subcontractor pursuant to this order.
Sec. 4. Location Continuity. (a) When an agency prepares a solicitation
for a service contract that succeeds a contract for performance of the
same or similar work, the agency shall consider whether performance of
the work in the same locality or localities in which the contract is
currently being performed is reasonably necessary to ensure economical
and efficient provision of services.
(b) If an agency determines that performance of the contract in the
same locality or localities is reasonably necessary to ensure economical
and efficient provision of services, then the agency shall, to the
extent consistent with law, include a requirement or preference in the
solicitation for the successor contract that it be performed in the same
locality or localities.
Sec. 5. Exclusions. This order shall not apply to:
(a) contracts under the simplified acquisition threshold as defined
in 41 U.S.C. 134; or
(b) employees who were hired to work under a Federal service
contract and one or more nonfederal service contracts as part of a
single job, provided that the employees were not deployed in a manner
that was designed to avoid the purposes of this order.
Sec. 6. Exceptions Authorized by Agencies. (a) A senior official within
an agency may grant an exception from the requirements of section 3 of
this order for a particular contract by, no later than the solicitation
date, providing a specific written explanation of why at least one of
the following circumstances exists with respect to that contract:
(i) Adhering to the requirements of section 3 of this order would not
advance the Federal Government's interests in achieving economy and
efficiency in Federal procurement;
(ii) Based on a market analysis, adhering to the requirements of section 3
of this order would:
(A) substantially reduce the number of potential bidders so as to
frustrate full and open competition; and
(B) not be reasonably tailored to the agency's needs for the contract; or
(iii) Adhering to the requirements of section 3 of this order would
otherwise be inconsistent with statutes, regulations, Executive Orders, or
Presidential Memoranda.
(b) To the extent permitted by law and consistent with national
security and executive branch confidentiality interests, each agency
shall publish, on a centralized public website, descriptions of the
exceptions it has granted under this section, and ensure that the
contractor notifies affected workers and their collective bargaining
representatives, if any, in writing of the agency's determination to
grant an exception.
(c) On a quarterly basis, each agency shall report to the Office of
Management and Budget descriptions of the exceptions granted under this
section.
[[Page 690]]
Sec. 7. Regulations and Implementation. (a) The Secretary of Labor
(Secretary) shall, to the extent consistent with law, issue final
regulations within 180 days of the date of this order to implement the
requirements of this order, other than those specified in sections 6(b)
and (c) of this order.
(b) Within 60 days of the Secretary issuing final regulations, the
Federal Acquisition Regulatory Council (FAR Council), to the extent
consistent with law, shall amend the Federal Acquisition Regulation to
provide for inclusion in Federal procurement solicitations and contracts
subject to this order the clause described in section 3 of this order.
(c) The Director of the Office of Management and Budget shall, to
the extent consistent with law, issue guidance to implement section 6(c)
of this order.
Sec. 8. Enforcement. (a) The Secretary shall have the authority to
investigate potential violations of, and obtain compliance with, this
order. In such proceedings, the Secretary shall have the authority to
issue final orders prescribing appropriate sanctions and remedies,
including, but not limited to, orders requiring employment and payment
of wages lost. The Secretary may also provide that, if a contractor or
subcontractor has failed to comply with any order of the Secretary or
has committed willful violations of this order or the regulations issued
pursuant thereto, the contractor or subcontractor, and its responsible
officers, and any firm in which the contractor or subcontractor has a
substantial interest, may be ineligible to be awarded any contract of
the United States for a period of up to 3 years. Neither an order for
debarment of any contractor or subcontractor from further Federal
Government contracts under this section nor the inclusion of a
contractor or subcontractor on a published list of noncomplying
contractors shall be carried out without affording the contractor or
subcontractor an opportunity to present information and argument in
opposition to the proposed debarment or inclusion on the list.
(b) This order creates no rights under the Contract Disputes Act, 41
U.S.C. 7101 et seq., and disputes regarding the requirements of the
contract clause prescribed by section 3 of this order, to the extent
permitted by law, shall be disposed of only as provided by the Secretary
in regulations issued under this order.
Sec. 9. Revocation. Executive Order 13897 of October 31, 2019 (Improving
Federal Contractor Operations by Revoking Executive Order 13495), is
revoked. Executive Order 13495 of January 30, 2009 (Nondisplacement of
Qualified Workers Under Service Contracts), remains revoked.
Sec. 10. Severability. If any provision of this order, or the
application of any provision of this order to any person or
circumstance, is held to be invalid, the remainder of this order and its
application to any other person or circumstance shall not be affected
thereby.
Sec. 11. Effective Date. This order shall become effective immediately
and shall apply to solicitations issued on or after the effective date
of the final regulations issued by the FAR Council under section 7 of
this order. For solicitations issued between the date of this order and
the date of the action taken by the FAR Council under section 7 of this
order, or solicitations that have already been issued and are
outstanding as of the date of this order, agencies are strongly
encouraged, to the extent permitted by law, to include in the relevant
solicitation the contract clause described in section 3 of this order.
[[Page 691]]
Sec. 12. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
November 18, 2021.
Executive Order 14056 of December 1, 2021
The National Space 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. Purpose. The National Space Council (Council), as authorized
under Title V of Public Law 100-685, advises and assists the President
regarding national space policy and strategy. This order sets forth the
Council's membership, duties, and responsibilities.
Sec. 2. Membership of the National Space Council. The Council shall be
composed of:
(a) the Vice President, who shall be Chair of the Council;
(b) the Secretary of State;
(c) the Secretary of Defense;
(d) the Secretary of the Interior;
(e) the Secretary of Agriculture;
(f) the Secretary of Commerce;
(g) the Secretary of Labor;
(h) the Secretary of Transportation;
(i) the Secretary of Energy;
(j) the Secretary of Education;
(k) the Secretary of Homeland Security;
(l) the Director of the Office of Management and Budget;
(m) the Director of National Intelligence;
(n) the Director of the Office of Science and Technology Policy;
[[Page 692]]
(o) the Assistant to the President for National Security Affairs;
(p) the Assistant to the President for Economic Policy;
(q) the Assistant to the President for Domestic Policy;
(r) the Assistant to the President and National Climate Advisor;
(s) the Chairman of the Joint Chiefs of Staff;
(t) the Administrator of the National Aeronautics and Space
Administration; and
(u) the heads of other executive departments and agencies (agencies)
and other senior officials within the Executive Office of the President,
as determined by the Chair.
Sec. 3. Functions and Operations of the Council. (a) The Council shall
advise and assist the President on space policy and strategy. In
particular, it shall:
(i) review, develop, and provide recommendations to the President on space
policy and strategy;
(ii) coordinate implementation of space policy and strategy;
(iii) synchronize the Nation's civil, commercial, and national security
space activities in furtherance of the objectives of the President's
national space policy and strategy;
(iv) facilitate resolution of differences among agencies on space-related
policy and strategy matters;
(v) enable interagency cooperation, coordination, and information exchange
on space activities; and
(vi) perform such other duties as the President may, from time to time,
prescribe.
(b) The operation of the Council shall not interfere with the
existing lines of authority in or responsibilities of any agency.
(c) The Council shall have a staff, headed by a civilian Executive
Secretary appointed by the President.
(d) The Council shall meet at least annually.
(e) The Council shall consider and provide recommendations to the
President on any space-related issue as determined by the Chair.
Sec. 4. Responsibilities of the Chair. (a) The Chair shall serve as the
President's principal advisor on national space policy and strategy.
(b) The Chair shall establish procedures and set the agenda for
Council sessions to address Presidential priorities.
(c) The Chair may recommend to the President candidates for the
position of Executive Secretary.
(d) The Chair may invite the heads of other agencies, other senior
officials in the Executive Office of the President, and other Federal
employees to participate in Council meetings.
(e) The Chair or, upon the Chair's direction, the Executive
Secretary, may develop budget recommendations for submission to the
Director of the Office of Management and Budget that reflect the
President's space policy and
[[Page 693]]
strategy, as well as provide advice concerning budget submissions by
agencies related to the President's space policies and strategies.
Sec. 5. National Space Policy Planning Process. (a) The Council shall
establish a process for developing and coordinating the implementation
of national space policy and strategy.
(b) The head of each agency that conducts space-related activities
shall, to the extent permitted by law, conform such activities to the
President's national space policy and strategy.
(c) On space matters relating primarily to national security, the
Council shall coordinate with the National Security Council (NSC) to
develop space policy and strategy consistent with NSC priorities and
practices.
Sec. 6. Users' Advisory Group. (a) The Council shall convene a Users'
Advisory Group (Group) pursuant to section 121 of Public Law 101-611,
composed of non-Federal representatives of industries and other persons
involved in aeronautical and space activities.
(b) Members of the Group shall serve without compensation for their
work for the Group. Members of the Group, while engaged in the work of
the Group, may be allowed travel expenses, including per diem in lieu of
subsistence, to the extent permitted by law for persons serving
intermittently in Government service (5 U.S.C. 5701-5707), consistent
with the availability of funds.
(c) The Group shall report directly to the Council and shall provide
advice or work product solely to the Council.
(d) The Group shall provide advice and recommendations to the
Council on matters related to space policy and strategy, including
Government policies, laws, regulations, treaties, international
instruments, programs, and practices across the civil, commercial, and
national security space sectors.
Sec. 7. Administrative Provisions. (a) To aid in the performance of the
functions of the Council:
(i) the Office of Administration in the Executive Office of the President
shall provide administrative support to the Council, to the extent
permitted by law and within existing appropriations; and
(ii) legal advice to the Council with respect to its work and functions
shall be provided exclusively by the Office of the Counsel to the President
and the Counsel to the Vice President.
(b) To the extent practicable and permitted by law, including the
Economy Act (31 U.S.C. 1535), and within existing appropriations,
agencies serving on the Council, components of the Executive Office of
the President, and interagency councils and committees that affect space
policy or strategy shall make resources, including personnel, office
support, and printing, available to the Council as reasonably requested
by the Chair or, upon the Chair's direction, the Executive Secretary.
(c) Agencies shall cooperate with the Council through the Chair, or
upon the Chair's request, the Executive Secretary, and provide such
information and advice to the Council as it may reasonably request, to
the extent permitted by law, including information regarding agencies'
current and planned space activities.
(d) This order supersedes Executive Order 13803 of June 30, 2017
(Reviving the National Space Council), and Executive Order 13906 of
February
[[Page 694]]
13, 2020 (Amending Executive Order 13803--Reviving the National Space
Council), and those orders are revoked. To the extent this order is
inconsistent with any provision of any previous Executive Order or
Presidential Memorandum, this order shall control.
(e) If any provision of this order or the application of such
provision is held to be invalid, the remainder of this order and other
dissimilar applications of such provision shall not be affected.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
December 1, 2021.
Executive Order 14057 of December 8, 2021
Catalyzing Clean Energy Industries and Jobs Through Federal
Sustainability
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to reestablish the
Federal Government as a leader in sustainability, it is hereby ordered
as follows:
Section 101. Policy. The Federal Government faces broad exposure to the
mounting risks and costs already posed by the climate crisis. In
responding to this crisis, we have a once-in-a-generation economic
opportunity to create and sustain jobs, including well-paying union
jobs; support a just transition to a more sustainable economy for
American workers; strengthen America's communities; protect public
health; and advance environmental justice. As the single largest land
owner, energy consumer, and employer in the Nation, the Federal
Government can catalyze private sector investment and expand the economy
and American industry by transforming how we build, buy, and manage
electricity, vehicles, buildings, and other operations to be clean and
sustainable.
We also must build on past progress and pursue new strategies to improve
the Nation's preparedness and resilience to the effects of a changing
climate, including advancing the Federal Government's strategic
planning, governance, financial management, and procurement to ensure
climate resilient operations.
[[Page 695]]
It is therefore the policy of my Administration for the Federal
Government to lead by example in order to achieve a carbon pollution-
free electricity sector by 2035 and net-zero emissions economy-wide by
no later than 2050. Through a whole-of-government approach, we will
demonstrate how innovation and environmental stewardship can protect our
planet, safeguard Federal investments against the effects of climate
change, respond to the needs of all of America's communities, and expand
American technologies, industries, and jobs.
Sec. 102. Government-wide Goals. (a) Leading the Nation on a firm path
to net-zero emissions by 2050 and achieving the policy set forth in
section 101 of this order will require bold action to transform Federal
procurement and operations and secure a transition to clean, zero-
emission technologies. Through a coordinated whole-of-government
approach, the Federal Government shall use its scale and procurement
power to achieve:
(i) 100 percent carbon pollution-free electricity on a net annual basis by
2030, including 50 percent 24/7 carbon pollution-free electricity, as
defined in section 603(a) of this order;
(ii) 100 percent zero-emission vehicle acquisitions by 2035, including 100
percent zero-emission light-duty vehicle acquisitions by 2027;
(iii) a net-zero emissions building portfolio by 2045, including a 50
percent emissions reduction by 2032;
(iv) a 65 percent reduction in scope 1 and 2 greenhouse gas emissions, as
defined by the Federal Greenhouse Gas Accounting and Reporting Guidance,
from Federal operations by 2030 from 2008 levels;
(v) net-zero emissions from Federal procurement, including a Buy Clean
policy to promote use of construction materials with lower embodied
emissions;
(vi) climate resilient infrastructure and operations; and
(vii) a climate- and sustainability-focused Federal workforce.
(b) The actions and investment required to achieve these goals will
protect the environment, drive innovation, spur private sector
investment, improve public infrastructure, and create new economic
opportunity. Pursuant to section 511 of this order, agencies shall
implement this order in accordance with my Administration's policies to
combat the climate crisis; help American businesses compete in strategic
industries; create and sustain well-paying union jobs that allow workers
to thrive; maximize the use of American goods, products, materials, and
services; and promote a secure, just, and equitable future for all
Americans.
Sec. 201. Agency Goals and Targets. (a) In implementing the policy set
forth in section 101 of this order and to support the achievement of the
government-wide goals of section 102 of this order, the head of each
agency shall propose targets, including annual progress targets as
applicable, to meet the requirements of sections 202 through 206 of this
order.
(b) The Chair of the Council on Environmental Quality (CEQ) and the
Director of the Office of Management and Budget (OMB) shall review the
targets, and agencies shall incorporate such targets into the
performance management systems described under section 503 of this
order, as appropriate.
Sec. 202. Reducing Agency Greenhouse Gas Emissions. Each agency shall
reduce its scope 1, 2, and 3 greenhouse gas emissions, as defined by the
[[Page 696]]
Federal Greenhouse Gas Accounting and Reporting Guidance, by setting and
meeting targets for fiscal year 2030 measured from a fiscal year 2008
baseline.
Sec. 203. Transitioning to 100 Percent Carbon Pollution-Free
Electricity. Each agency shall increase its percentage use of carbon
pollution-free electricity, so that it constitutes 100 percent of
facility electrical energy use on an annual basis, and seek to match use
on an hourly basis to achieve 50 percent 24/7 carbon pollution-free
electricity, by fiscal year 2030. In addition, agencies shall facilitate
new carbon pollution-free electricity generation and energy storage
capacity by authorizing use of their real property assets, such as
rooftops, parking structures, and adjoining land, for the development of
new carbon pollution-free electricity generation and energy storage
through leases, grants, permits, or other mechanisms, to the extent
permitted by law.
Sec. 204. Transitioning to a Zero-Emission Fleet. Each agency's light-
duty vehicle acquisitions shall be zero-emission vehicles by the end of
fiscal year 2027. Each agency with a fleet comprising at least 20
vehicles shall develop and annually update a zero-emission fleet
strategy that shall include optimizing fleet size and composition;
deploying zero-emission vehicle re-fueling infrastructure; and
maximizing acquisition and deployment of zero-emission light-, medium-,
and heavy-duty vehicles where the General Services Administration (GSA)
offers one or more zero-emission vehicle options for that vehicle class.
Sec. 205. Achieving Net-Zero Emissions Buildings, Campuses, and
Installations. (a) Each agency shall achieve net-zero emissions across
its portfolio of buildings, campuses, and installations by 2045 and
reduce greenhouse gas emissions by 50 percent from buildings, campuses,
and installations by 2032 from 2008 levels, prioritizing improvement of
energy efficiency and the elimination of onsite fossil fuel use.
(b) To prioritize reductions in scope 1 greenhouse gas emissions, as
defined by the Federal Greenhouse Gas Accounting and Reporting Guidance,
agencies should use the Federal building performance standards issued
pursuant to section 510 of this order.
(c) To reduce scope 1 and 2 greenhouse gas emissions, as defined by
the Federal Greenhouse Gas Accounting and Reporting Guidance, to achieve
net-zero emissions buildings, agencies shall:
(i) pursue building electrification strategies in conjunction with carbon
pollution-free energy use, deep-energy retrofits, whole-building
commissioning, energy and water conservation measures, and space reduction
and consolidation;
(ii) design new construction and modernization projects greater than 25,000
gross square feet to be net-zero emissions by 2030;
(iii) implement CEQ's Guiding Principles for Sustainable Federal Buildings
in building design, construction, and operation of all new Federal
buildings and renovated existing buildings; and
(iv) use performance contracting, in accordance with the provisions of
section 1002 of the Energy Act of 2020 (Public Law 116-133, division Z), to
improve efficiency and resilience of Federal facilities, deploy clean and
innovative technologies, and reduce greenhouse gas emissions from building
operations.
[[Page 697]]
Sec. 206. Increasing Energy and Water Efficiency. Each agency shall
increase facility energy efficiency and water efficiency and shall
establish targets for fiscal year 2030 for agency-wide facility energy
use intensity and potable water use intensity, with consideration of
performance benchmarks for categories of building types (e.g.,
hospitals, office buildings) and the composition of the agency's
building portfolio.
Sec. 207. Reducing Waste and Pollution. Each agency shall minimize
waste, including the generation of wastes requiring treatment and
disposal; advance pollution prevention; support markets for recycled
products; and promote a transition to a circular economy, as defined in
section 2 of the Save Our Seas 2.0 Act (Public Law 116-224), by annually
diverting from landfills at least 50 percent of non-hazardous solid
waste, including food and compostable material, and construction and
demolition waste and debris by fiscal year 2025; and 75 percent by
fiscal year 2030.
Sec. 208. Sustainable Acquisition and Procurement. (a) Agencies shall
reduce emissions, promote environmental stewardship, support resilient
supply chains, drive innovation, and incentivize markets for sustainable
products and services by prioritizing products that can be reused,
refurbished, or recycled; maximizing environmental benefits and cost
savings through use of full lifecycle cost methodologies; purchasing
products that contain recycled content, are biobased, or are energy and
water efficient, in accordance with relevant statutory requirements;
and, to the maximum extent practicable, purchasing sustainable products
and services identified or recommended by the Environmental Protection
Agency (EPA).
(b) The Chair of CEQ shall consider establishing Federal food
procurement policies to reduce associated greenhouse gas emissions and
drive sustainability in the Federal food supply chain.
Sec. 209. Adapting the Federal Government to the Impacts of Climate
Change. Consistent with its mission, each agency shall:
(a) develop or revise polices and processes to promote climate
resilient investment that advances adaptation to climate change and
protects public health and the environment;
(b) conduct climate adaptation analysis and planning for climate-
informed financial and management decisions and program implementation;
(c) reform agency policies and funding programs that are maladaptive
to climate change and increase the vulnerability of communities, natural
or built systems, economic sectors, and natural resources to climate
impacts, or related risks; and
(d) develop and enhance tools that assess climate change impacts and
support climate adaptation planning and implementation.
Sec. 301. Federal Supply Chain Sustainability. Federal supply chains
should support a Government and economy that serves all Americans by
creating and sustaining well-paying union jobs, protecting public
health, advancing environmental justice, reducing greenhouse gas
emissions, and building resilience to climate change. Consistent with
applicable law, agencies shall pursue procurement strategies to reduce
contractor emissions and embodied emissions in products acquired or used
in Federal projects.
Sec. 302. Supplier Emissions Tracking. The Administrator of GSA shall
track disclosure of greenhouse gas emissions, emissions reduction
targets,
[[Page 698]]
climate risk, and other sustainability-related actions by major Federal
suppliers, based on information and data collected through supplier
disclosure pursuant to the requirements of section 5(b)(i) of Executive
Order 14030 of May 20, 2021 (Climate-Related Financial Risk), and shall
assist the Chair of CEQ in assessing the results of efforts to reduce
Federal supply chain emissions.
Sec. 303. Buy Clean. The Buy Clean Task Force established pursuant to
section 508 of this order shall provide recommendations to the Chair of
CEQ and the Director of OMB, through the Administrator of the Office of
Federal Procurement Policy, on policies and procedures to expand
consideration of embodied emissions and pollutants of construction
materials in Federal procurement and federally funded projects, to
include:
(a) identifying and prioritizing pollutants and materials, such as
concrete and steel, to be covered under a Buy Clean policy, taking into
account the availability of relevant data, including from environmental
product declarations, and consistency with existing environmental
reporting requirements;
(b) providing recommendations to increase transparency of embodied
emissions, including supplier reporting; procedures for auditing
environmental product declarations and verifying accuracy of reported
emissions data; and recommendations for grants, loans, technical
assistance, or alternative mechanisms to support domestic manufacturers
in enhancing capabilities to report and reduce embodied emissions in
priority materials they produce; and
(c) recommending pilot programs that incentivize Federal procurement
of construction materials with lower embodied emissions.
Sec. 401. Engaging, Educating, and Training the Federal Workforce.
Meeting the challenges of climate change and achieving the goals of this
order requires an investment in the Federal Government's employees and a
workforce with the knowledge and skills to effectively apply
sustainability, climate adaptation, and environmental stewardship across
disciplines and functions. Agencies shall foster a culture of
sustainability and climate action; build employees' skills and knowledge
through engagement, education, and training; and incorporate
environmental stewardship values and, where appropriate, sustainability
goals and objectives into performance plans of executives, managers, and
staff. The Director of the Office of Personnel Management (OPM), within
90 days of the date of this order, shall prepare a report for the Chair
of CEQ that outlines opportunities for including or expanding
environmental sustainability and climate adaptation training content in
existing Federal training programs, including OPM leadership training
programs, and strategies for incorporating sustainability into
performance plans. In developing this report, the Director of OPM shall
coordinate with the Secretary of Energy, the Administrator of the EPA,
the Administrator of GSA, and, as appropriate, the heads of other
agencies, as well as Federal employee unions.
Sec. 402. Incorporating Environmental Justice. Environmental justice can
only be achieved by ensuring that all those affected by agency
operations enjoy the same degree of protection from environmental and
health hazards. Accordingly, it is critical that the Federal Government
incorporate environmental justice considerations into sustainability and
climate adaptation planning, programs, and operations. Consistent with
applicable law,
[[Page 699]]
agencies shall consider incorporating recommendations of the Justice40
Initiative, required by section 223 of Executive Order 14008 of January
27, 2021 (Tackling the Climate Crisis at Home and Abroad), on how
Federal investments might be made toward a goal that 40 percent of the
overall benefits flow to disadvantaged communities that have been
historically marginalized and overburdened by pollution and
underinvestment in housing, transportation, energy, water, wastewater
infrastructure, and health care, into operational planning and decision-
making regarding Federal facilities, fleets, and operations. Agencies
shall address actions taken to advance environmental justice as part of
sustainable operations within the annual Sustainability Plans and
Climate Adaptation and Resilience Plans required under section 503 of
this order.
Sec. 403. Accelerating Progress Through Public, Private, and Non-profit
Sector Engagement. (a) Through strong partnerships with the public,
private, and non-profit sectors and labor unions and worker
organizations, we can more effectively catalyze the growth of clean
energy industries and jobs. The Federal Chief Sustainability Officer,
reestablished in section 501 of this order, and the heads of agencies
shall seek to engage with stakeholders and partners in achieving the
goals of this order.
(b) In coordination with the Chair of CEQ and the heads of other
agencies, as appropriate, the Director of OPM shall facilitate
establishment of a Presidential Sustainability Executives Program to
place senior leaders from the private and non-profit sectors into term-
limited appointments to bring innovative perspectives and expertise to
Federal Government and assist agencies in efforts related to climate
action and sustainability.
Sec. 501. Establishment of the Office of the Federal Chief
Sustainability Officer. The Office of the Federal Chief Sustainability
Officer is reestablished within CEQ. The EPA shall provide funding and
administrative support for the Office.
(a) The Office shall be headed by a Federal Chief Sustainability
Officer, who shall be appointed by the President. The Federal Chief
Sustainability Officer shall lead the development of policies, programs,
and partnerships to achieve the policies set forth in this order,
advance sustainability and climate resilient Federal operations, and
ensure the Federal Government leads by example in combating the climate
crisis.
(b) The heads of all agencies shall cooperate with the Federal Chief
Sustainability Officer and provide such information, support, and
assistance as the Federal Chief Sustainability Officer may request, as
appropriate and consistent with applicable law.
Sec. 502. Designation and Duties of Agency Chief Sustainability
Officers. Within 30 days of the date of this order or 30 days of an
Agency Chief Sustainability Officer leaving that position, heads of
agencies shall designate an Agency Chief Sustainability Officer, and
assign to the designated official the responsibility for leading agency
planning, implementation, and related actions, to include establishment
of internal metrics and performance management systems, to achieve the
policy in section 101 and the goals set forth in and targets established
under sections 201-209 of this order. Agency Chief Sustainability
Officers shall provide to the Director of OMB, the Chair of CEQ, and the
Federal Chief Sustainability Officer any information and assistance
necessary to implement this order, consistent with applicable law.
[[Page 700]]
Sec. 503. Agency Planning and Performance Management. (a) The heads of
principal agencies shall develop and implement annual Sustainability
Plans, based on annual guidance provided by CEQ, describing actions and
progress toward the goals and requirements of this order.
(b) The heads of principal agencies shall develop, implement, and
update Climate Adaptation and Resilience Plans that build on the
agency's plan submitted pursuant to section 211 of Executive Order
14008.
(c) The Chair of CEQ and the Director of OMB shall conduct
management reviews with each principal agency, at least annually or more
frequently as appropriate, to assess implementation and progress on
agency plans developed pursuant to this order, the goals set forth in
this order, and targets established under this order.
(d) The heads of agencies other than principal agencies are
encouraged to develop, implement, or update plans and participate in
management reviews under this section.
Sec. 504. Duties of the Chair of the Council on Environmental Quality.
In coordination with the Director of OMB, the Chair of CEQ shall:
(a) issue guidance, including the guidance required by section
510(b) of this order, or revise existing guidance, as necessary, for
agency implementation of this order,
(b) establish a Chief Sustainability Officer Council that shall
advise the Director of OMB and the Chair of CEQ on the performance of
agency responsibilities under this order. The Federal Chief
Sustainability Officer shall chair the Council. Members of the Council
shall include those Agency Chief Sustainability Officers invited by the
Chair of CEQ, as well as representatives designated by the heads of
other agencies at the invitation of CEQ, including representatives from
OMB, the Federal Energy Management Program within the Department of
Energy, the Office of Federal High-Performance Green Buildings within
GSA, and a Federal expert on environmental justice.
(c) establish, as appropriate and consistent with applicable law,
committees, interagency groups, or task forces to provide information,
recommendations, and assistance to CEQ and OMB in implementing this
order.
Sec. 505. Duties of the Director of OMB. The Director of OMB shall
coordinate with the Chair of CEQ on implementation of the duties
contained in section 504 of this order and, after consultation with the
Chair of CEQ and the National Climate Advisor, issue instructions to the
heads of agencies concerning periodic performance evaluation of agency
implementation of this order and prepare scorecards providing periodic
evaluation of principal agency performance in implementing this order.
Sec. 506. Duties of the National Climate Advisor. The National Climate
Advisor shall monitor and evaluate progress toward the government-wide
goals set forth in section 102 of this order in coordination with the
National Climate Task Force established pursuant to section 203 of
Executive Order 14008.
Sec. 507. Duties of Heads of Agencies. (a) To ensure successful
implementation of the policy established in section 101 of this order
and the goals set forth in section 102 of this order, the head of each
agency shall:
[[Page 701]]
(i) develop an agency-wide strategic process that coordinates appropriate
agency functions and programs to ensure that those functions and programs
consider and address the goals of this order; and
(ii) issue or revise existing agency policies, directives, and guidance, as
appropriate.
(b) To support a whole-of-government approach to achieve the policy
in section 101 of this order, independent agencies are encouraged to
implement the policy, goals, and provisions of this order, consistent
with applicable law.
Sec. 508. Establishment of Federal Leaders Working Groups. The following
Federal Leaders working groups are hereby established, to be housed
within CEQ: 100 Percent 24/7 Carbon Pollution-Free Electricity; Zero-
Emission Vehicle Fleets; Net-Zero Emissions Buildings; Net-Zero
Emissions Procurement, including a Buy Clean Task Force; and Climate
Adaptation and Resilience. The Chair of CEQ shall designate the chair or
co-chairs for each working group and provide guidance on their
membership and responsibilities. The working groups shall provide
semiannual reports to the National Climate Task Force on actions,
findings, and progress toward government-wide goals.
Sec. 509. Government-wide Support and Collaboration. Achieving the
government-wide goals of section 102 and the agency goals of sections
201 through 209 of this order requires transforming how we build, buy,
and manage across the Federal Government. To support a whole-of-
government approach:
(a) Consistent with applicable law, the Secretary of Defense, the
Secretary of Energy, and the Administrator of GSA shall use the scale of
the Federal Government's electricity use to aggregate and accelerate new
carbon pollution-free electricity generation capacity to meet Federal
energy needs.
(b) The Secretary of Transportation and the Administrator of GSA
shall coordinate with States, Tribes, and local governments to
facilitate wider adoption of zero-emission vehicles and, where
appropriate, use the Federal Government's acquisition programs for non-
Federal Government purchasers.
(c) In coordination with the Chair of CEQ and the Director of OMB,
the Secretary of Energy shall provide tools and technical support to
agencies to develop targets for greenhouse gas emissions, zero-emission
vehicle fleets, energy, and water required under section 201 of this
order; and shall collect, analyze, and report agency data for the
purposes of monitoring and evaluating performance toward the goals of
this order.
Sec. 510. Additional Guidance and Instructions for Agencies. (a) The
Director of OMB, in coordination with the Chair of CEQ and the National
Climate Advisor, shall issue a memorandum for agencies that provides
direction on immediate actions and further requirements to meet the
policies and goals of this order.
(b) To assist agencies in complying with this order, the Chair of
CEQ, in consultation with the Director of OMB, shall:
(i) within 120 days of the date of this order, issue and, as needed, update
implementing guidance for agencies that provide directions, strategies, and
recommended actions to meet the policies and goals of this order;
[[Page 702]]
(ii) issue building performance standards to support achievement of net-
zero emissions in the Federal building portfolio under section 205 of this
order; and
(iii) consider issuing guidance for agencies to promote sustainable
locations for Federal facilities and strengthen the vitality and livability
of the communities in which Federal facilities are located.
Sec. 511. Coordination of Administration Priorities. The heads of
agencies shall implement this order consistent with my Administration's
policies to spur growth of domestic industry and well-paying union jobs,
address the climate crisis, and deliver equity and environmental
justice. These policies include those contained in Executive Order 13990
of January 20, 2021 (Protecting Public Health and the Environment and
Restoring Science To Tackle the Climate Crisis), Executive Order 14008,
and Executive Order 14030, which have placed our public health, the
environment, and the climate crisis at the forefront of national policy
and planning, along with environmental justice, expanding the economy,
and the creation of the well-paying union jobs critical to delivering on
those goals; Executive Order 14005 of January 25, 2021 (Ensuring the
Future Is Made in All of America by All of America's Workers), which
establishes that Federal agencies shall maximize the use of goods,
products, and materials that are made in America; Executive Order 13985
of January 20, 2021 (Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government), which directs action with
the goal of making Government contracting and procurement opportunities
available on an equal basis; and Executive Order 14017 of February 24,
2021 (America's Supply Chains), which establishes the policy to
strengthen the resilience of America's supply chains to fight climate
change, create well-paying jobs, and secure our economic prosperity and
national security.
Sec. 601. Limitations. (a) This order applies to an agency's activities,
personnel, resources, and facilities located within the United States.
The head of an agency may apply this order, in whole or in part, to the
activities, personnel, resources, and facilities of the agency located
outside the United States if the head of the agency determines that such
application is in the interest of the United States.
(b) To the extent the head of an agency does not apply this order to
activities, personnel, resources, and facilities outside of the United
States, the head of the agency shall manage, to the extent practicable,
such activities, personnel, resources, and facilities in a manner
consistent with the policy set forth in section 101 of this order.
Sec. 602. Exemption Authority. (a) The head of an agency may exempt
particular agency activities and related personnel, resources, and
facilities from the provisions of this order when it is in the interest
of national security, to protect intelligence sources and methods from
unauthorized disclosure, or where necessary to protect undercover law
enforcement operations from unauthorized disclosure. If the head of an
agency issues an exemption under this section, the agency shall notify
the Chair of CEQ in writing within 30 days of issuance of the exemption
under this section. To the maximum extent practicable and without
compromising national security, each agency shall strive to comply with
the purposes, goals, and implementation steps in this order.
[[Page 703]]
(b) The head of an agency may exempt from the provisions of this
order any vehicle, vessel, aircraft, or non-road equipment that is used
in combat support, combat service support, military tactical or relief
operations, or training for such operations or spaceflight vehicles,
including associated ground-support equipment.
(c) The head of an agency may submit to the President, through the
Chair of CEQ, a request for an exemption of an agency activity and
related personnel, resources, and facilities from this order for any
reason not otherwise addressed by subsections (a) and (b) of this
section.
Sec. 603. Definitions. As used in this order:
(a) ``24/7 carbon pollution-free electricity'' means carbon
pollution-free electricity procured to match actual electricity
consumption on an hourly basis and produced within the same regional
grid where the energy is consumed;
(b) ``Agency'' means an executive agency as defined in section 105
of title 5, United States Code, excluding the Government Accountability
Office and independent regulatory agencies, as defined in 44 U.S.C.
3502(5);
(c) ``Buy clean'' means a policy to promote purchase of construction
materials with lower embodied emissions, taking into account the life-
cycle emissions associated with the production of those materials;
(d) ``Carbon pollution-free electricity'' means electrical energy
produced from resources that generate no carbon emissions, including
marine energy, solar, wind, hydrokinetic (including tidal, wave,
current, and thermal), geothermal, hydroelectric, nuclear, renewably
sourced hydrogen, and electrical energy generation from fossil resources
to the extent there is active capture and storage of carbon dioxide
emissions that meets EPA requirements;
(e) ``Embodied emissions'' means the quantity of emissions,
accounting for all stages of production including upstream processing
and extraction of fuels and feedstocks, emitted to the atmosphere due to
the production of a product per unit of such product;
(f) ``Federal Leaders working group'' means a working group,
composed of Deputy Secretaries or equivalents, that provides
recommendations to the Federal Chief Sustainability Officer and National
Climate Task Force on implementation and reports on actions and progress
toward the goals of this order;
(g) ``National Climate Task Force'' means the National Climate Task
Force established pursuant to section 203 of Executive Order 14008;
(h) ``Principal agencies'' means the Departments of State, the
Treasury, Defense (including the United States Army Corps of Engineers),
Justice, the Interior, Agriculture, Commerce, Labor, Health and Human
Services, Housing and Urban Development, Transportation, Energy,
Education, Veterans Affairs, and Homeland Security; the Environmental
Protection Agency; the Small Business Administration; the Social
Security Administration; the National Aeronautics and Space
Administration; the Office of Personnel Management; the General Services
Administration; and the National Archives and Records Administration.
Sec. 604. Revocation. Executive Order 13834 of May 17, 2018 (Efficient
Federal Operations), is revoked.
[[Page 704]]
Sec. 605. Determination. Pursuant to section 742(b) of Public Law 111-
117, I have determined that this order will achieve equal or better
environmental or energy efficiency results than Executive Order 13423 of
January 24, 2007 (Strengthening Federal Environmental, Energy, and
Transportation Management).
Sec. 606. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
December 8, 2021.
Executive Order 14058 of December 13, 2021
Transforming Federal Customer Experience and Service Delivery To Rebuild
Trust in Government
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. Our Government must recommit to being ``of the
people, by the people, [and] for the people'' in order to solve the
complex 21st century challenges our Nation faces. Government must be
held accountable for designing and delivering services with a focus on
the actual experience of the people whom it is meant to serve.
Government must also work to deliver services more equitably and
effectively, especially for those who have been historically
underserved. Strengthening the democratic process requires providing
direct lines of feedback and mechanisms for engaging the American people
in the design and improvement of Federal Government programs, processes,
and services.
As the United States faces critical challenges, including recovering
from a global pandemic, promoting prosperity and economic growth,
advancing equity, and tackling the climate crisis, the needs of the
people of the United States, informed by, in particular, an
understanding of how they experience Government, should drive priorities
for service delivery improvements. In recent years, the annual paperwork
burden imposed by executive departments and agencies (agencies) on the
public has been in excess of 9 billion hours. That number is too high.
Agencies must work with the Congress; the private sector and nonprofit
organizations; State, local, Tribal,
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and territorial governments; and other partners to design experiences
with the Federal Government that effectively reduce administrative
burdens, simplify both public-facing and internal processes to improve
efficiency, and empower the Federal workforce to solve problems.
The Federal Government must design and deliver services in a manner that
people of all abilities can navigate. We must use technology to
modernize Government and implement services that are simple to use,
accessible, equitable, protective, transparent, and responsive for all
people of the United States. When a disaster survivor, single parent,
immigrant, small business owner, or veteran waits months for the
Government to process benefits to which they are entitled, that lost
time is a significant cost not only for that individual, but in the
aggregate, for our Nation as a whole. This lost time operates as a kind
of tax--a ``time tax''--and it imposes a serious burden on our people as
they interact with the Government. Improving Government services should
also make our Government more efficient and effective overall.
Every interaction between the Federal Government and the public, whether
it involves renewing a passport or calling for a status update on a farm
loan application, should be seen as an opportunity for the Government to
save an individual's time (and thus reduce ``time taxes'') and to
deliver the level of service that the public expects and deserves. By
demonstrating that its processes are effective and efficient, in
addition to being fair, protective of privacy interests, and
transparent, the Federal Government can build public trust. Further, the
Federal Government's management of its customer experience and service
delivery should be driven fundamentally by the voice of the customer
through human-centered design methodologies; empirical customer
research; an understanding of behavioral science and user testing,
especially for digital services; and other mechanisms of engagement.
Executive Order 12862 of September 11, 1993 (Setting Customer Service
Standards), required agencies that provide significant services directly
to the public to identify and gather feedback from customers; establish
service standards and measure performance against those standards; and
benchmark customer service performance against the best customer
experience provided in the private sector. Executive Order 13571 of
April 27, 2011 (Streamlining Service Delivery and Improving Customer
Service), further required agencies to develop a ``Customer Service Plan
. . . to address how the agency will provide services in a manner that
seeks to streamline service delivery and improve the experience of its
customers.'' Executive Order 13707 of September 15, 2015 (Using
Behavioral Science Insights To Better Serve the American People), called
for the use of empirical findings in behavioral science fields to
deliver better results for the American people, including by identifying
``opportunities to help qualifying individuals, families, communities,
and businesses access public programs and benefits.'' And Executive
Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government), established the
policy of the Federal Government to ``pursue a comprehensive approach to
advancing equity for all, including people of color and others who have
been historically underserved, marginalized, and adversely affected by
persistent poverty and inequality.'' Consistent with these aims,
agencies have begun assessing whether, and to what extent, their
programs and policies perpetuate systemic barriers to opportunities
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and benefits for people of color and other underserved groups. These
previous actions have laid an important foundation for the policies and
procedures set forth in this order. However, more is required to
establish the sustained system for Federal Government accountability and
performance necessary to drive an ongoing focus on improved delivery and
results for the people of the United States.
Sec. 2. Policy. It is the policy of the United States that, in a
Government of the people, by the people, and for the people, improving
service delivery and customer experience should be fundamental
priorities. The Government's performance must be measured empirically
and by on-the-ground results for the people of the United States,
especially for their experiences with services delivered. The means of
Government--such as its budget, policy, financial management,
procurement, and human resources practices--must work to achieve those
ends. Agencies should continually improve their understanding of their
customers, reduce administrative hurdles and paperwork burdens to
minimize ``time taxes,'' enhance transparency, create greater
efficiencies across Government, and redesign compliance-oriented
processes to improve customer experience and more directly meet the
needs of the people of the United States. Consistent with the purpose
described in section 1 of this order, agencies' efforts to improve
customer experience should include systematically identifying and
resolving the root causes of customer experience challenges, regardless
of whether the source of such challenges is statutory, regulatory,
budgetary, technological, or process-based. Furthermore, to engender
public trust, agencies must ensure that their efforts appropriately
maintain or enhance protections afforded under law and policy, including
those related to civil rights, civil liberties, privacy,
confidentiality, and information security.
Sec. 3. Definitions. For purposes of this order:
(a) The term ``customer'' means any individual, business, or
organization (such as a grantee or State, local, or Tribal entity) that
interacts with an agency or program, either directly or through a
federally-funded program administered by a contractor, nonprofit, or
other Federal entity.
(b) The term ``customer experience'' means the public's perceptions
of and overall satisfaction with interactions with an agency, product,
or service.
(c) The term ``customer life experience'' means each important point
in a person's life at which that person interacts with one or more
entities of Government.
(d) The term ``equity'' means the consistent and systematic fair,
just, and impartial treatment of all individuals, including individuals
who belong to underserved communities that have been denied such
treatment, such as Black, Latino, Indigenous and Native American
persons, Asian Americans and Pacific Islanders, and other persons of
color; members of religious minorities; lesbian, gay, bisexual,
transgender, and queer (LGBTQ+) persons; persons with disabilities;
persons who live in rural areas; and persons otherwise adversely
affected by persistent poverty or inequality.
(e) The term ``High Impact Service Provider'' (HISP) means a Federal
entity, as designated by the Director of the Office of Management and
Budget (OMB), that provides or funds customer-facing services, including
Federal services administered at the State or local level, that have a
high impact
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on the public, whether because of a large customer base or a critical
effect on those served.
(f) The term ``human-centered design'' means an interdisciplinary
methodology of putting people, including those who will use or be
impacted by what one creates, at the center of any process to solve
challenging problems.
(g) The term ``service delivery'' means actions by the Federal
Government related to providing a benefit or service to a customer of a
Federal Government entity. Such actions pertain to all points of the
Government-to-customer delivery process, including when a customer
applies for a benefit or loan, receives a service such as health care or
small business counseling, requests a document such as a passport or
Social Security card, files taxes or declares goods, uses resources such
as a park or historical site, or seeks information such as notices about
public health or consumer protection.
Sec. 4. Agency Actions to Improve Customer Experience. (a) The Secretary
of State shall design and deliver a new online passport renewal
experience that does not require any physical documents to be mailed.
(b) The Secretary of the Treasury shall design and deliver new
online tools and services to ease the payment of taxes and provide the
option to schedule customer support telephone call-backs. The Secretary
of the Treasury should consider whether such tools and services might
include expanded automatic direct deposit refunds based on prior year
tax returns, tax credit eligibility tools, and expanded electronic
filing options.
(c) The Secretary of the Interior shall redesign the website of the
Fish and Wildlife Service, FWS.gov, in compliance with the 21st Century
Integrated Digital Experience Act (Public Law 115-336), and shall
support a centralized, modernized electronic permitting system to accept
and process applications for permits. Such a system might include
special use permits for the National Wildlife Refuge System and for at
least five high-volume permit application forms required for individuals
and businesses who import or export fish, wildlife, and plants and their
products internationally.
(d) The Secretary of Agriculture shall:
(i) test the use of the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC) benefits for online purchasing;
(ii) identify opportunities to reduce individuals' and families' burdens by
simplifying enrollment and recertification for nutrition assistance
programs such as the Supplemental Nutrition Assistance Program (SNAP) and
the WIC, including expanding the use of direct certification; and
(iii) design and implement a simplified direct farm loan application
process.
(e) The Secretary of Labor shall:
(i) update existing rules and policies, consistent with applicable law and
to the extent practicable, to allow individuals entitled to medical
treatment under their workers' compensation plans to conduct their routine
medical treatment appointments using telehealth platforms; and
(ii) update rules, policies, and procedures to eliminate, consistent with
applicable law and to the extent practicable, requirements for workers'
compensation claimants to submit physical documents, but to retain the
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option for physical submission for claimants who cannot otherwise submit
them.
(f) The Secretary of Health and Human Services shall:
(i) continue to design and deliver new, personalized online tools and
expanded customer support options for Medicare enrollees;
(ii) strengthen requirements for maternal health quality measurement,
including measuring perinatal quality and patient care experiences, and
evaluating the measurements by race and ethnicity to aim to better identify
inequities in maternal health care delivery and outcomes;
(iii) to the maximum extent permitted by law, support coordination between
benefit programs to ensure applicants and beneficiaries in one program are
automatically enrolled in other programs for which they are eligible;
(iv) to the maximum extent permitted by law, support streamlining State
enrollment and renewal processes and removing barriers, including by
eliminating face-to-face interview requirements and requiring prepopulated
electronic renewal forms, to ensure eligible individuals are automatically
enrolled in and retain access to critical benefit programs;
(v) develop guidance for entities regulated pursuant to the Health
Insurance Portability and Accountability Act (HIPAA) on providing
telehealth in compliance with HIPAA rules, to improve patient experience
and convenience following the end of the COVID-19 public health emergency;
and
(vi) test methods to automate patient access to electronic prenatal, birth,
and postpartum health records (including lab results, genetic tests,
ultrasound images, and clinical notes) to improve patient experiences in
maternity care, health outcomes, and equity.
(g) The Secretary of Education shall:
(i) consider providing eligible recipients of student aid under Title IV of
the Higher Education Act of 1965 (Public Law 89-329), as amended, with the
option to receive information about certain benefits and services for which
they may qualify; and
(ii) design and deliver a repayment portal capability on StudentAid.gov for
Direct Loan borrowers.
(h) The Secretary of Veterans Affairs shall:
(i) provide digital services through a single, integrated, and equitable
digital platform on VA.gov and the VA mobile app; and
(ii) provide on-demand customer support through the channels that work best
for customers, including personalized online chat with a virtual or live
agent.
(i) The Secretary of Homeland Security shall:
(i) test the use of innovative technologies at airport security checkpoints
to reduce passenger wait times;
(ii) provide new opportunities for customers to connect with the
Transportation Security Administration, including as appropriate, online
chat, improved communication during additional screenings, and additional
mechanisms to provide customer feedback;
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(iii) design and deliver a streamlined, online disaster assistance
application; and
(iv) work with States to proactively update existing rules and policies on
supporting documentation needed for disaster assistance processes to reduce
burden and increase accessibility.
(j) The Administrator of the Small Business Administration shall:
(i) establish baseline experience measures for key small business
application processes in areas such as loans, grants, and certifications;
and
(ii) design and deliver a streamlined online disaster assistance
application experience.
(k) The Commissioner of Social Security shall:
(i) within 120 days of the date of this order, provide a report to the
Director of OMB that analyzes all services of the Social Security
Administration that currently require original or physical documentation or
in-person appearance as an element of identity or evidence authentication,
and that identifies potential opportunities for policy reforms that can
support modernized customer experiences while ensuring original or physical
documentation requirements remain where there is a statutory or strong
policy rationale;
(ii) develop a mobile-accessible, online process so that any individual
applying for or receiving services from the Social Security Administration
can upload forms, documentation, evidence, or correspondence associated
with their transaction without the need for service-specific tools or
traveling to a field office;
(iii) consistent with applicable law and to the extent practicable,
maintain a public policy of technology neutrality with respect to
acceptable forms of electronic signatures;
(iv) consistent with applicable law and to the extent practicable, revise
any necessary regulations, forms, instructions, or other sources of
guidance (to include the Program Operations Manual System of the Social
Security Administration) to remove requirements that members of the public
provide physical signatures; and
(v) to the maximum extent permitted by law, support applicants and
beneficiaries to identify other benefits for which they may be eligible and
integrate Social Security Administration data and processes with those of
other Federal and State entities whenever possible.
(l) The Administrator of General Services shall:
(i) develop a roadmap for a redesigned USA.gov website that aims to serve
as a centralized, digital ``Federal Front Door'' from which customers may
navigate to all Government benefits, services, and programs, and features
streamlined content, processes, and technologies that use human-centered
design to meet customer needs, including consolidating content currently
appearing on Benefits.gov, Grants.gov, and other appropriate websites; and
(ii) dedicate multi-disciplinary design and development teams to support
priority projects of HISPs that will be selected and funded each fiscal
year in consultation with the Director of OMB.
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(m) The Administrator of the United States Agency for International
Development (USAID) shall review and revise, as appropriate,
regulations, forms, instructions, or other sources of guidance relating
to the application for grants and cooperative agreements in countries in
which USAID works to ensure that such policies are clear and
intelligible, do not contain unjustified administrative burdens or
excessive paperwork requirements, and do not place undue burdens on
local organizations and underserved communities.
(n) Joint Agency Actions:
(i) The Secretary of Veterans Affairs and the Administrator of General
Services shall collaborate to provide seamless integration of Login.gov
accounts to allow customers to access VA.gov, the VA mobile application,
and other customer-facing digital products and to eliminate outdated and
duplicate customer sign-in options.
(ii) The Secretary of the Treasury, the Secretary of Defense, the Secretary
of Education, and the Director of the Office of Personnel Management shall
collaborate to enable a more streamlined Public Service Loan Forgiveness
process for eligible borrowers, including those who serve in the United
States Armed Forces or as civil servants, or who work for eligible
nonprofit organizations.
(iii) The Director of OMB, including through the Administrator of the
United States Digital Service, shall collaborate across the Federal
Government with multiple agencies and their respective customers in order
to conduct human-centered design research and document customer experience
challenges related to accessing grant programs to which Tribal governments
are entitled, and shall propose ways to streamline processes and reduce
administrative burdens on Tribal government customers.
(iv) The Director of OMB, through the Administrator of the United States
Digital Service; the Administrator of General Services; and the Postmaster
General are encouraged to collaborate on ways to update mailing address
records across Government so that members of the public may change their
respective mailing addresses for purposes of all Government services only
once, through the United States Postal Service.
Sec. 5. Government-wide Actions to Improve Customer Experience.
Customers often navigate services across multiple agencies in specific
moments of need, such as when they are seeking financing for their
businesses or experiencing food insecurity. In such situations, relevant
agencies should coordinate their service delivery to achieve an
integrated experience that meets customer needs through the exchange of
data with appropriate privacy protections.
Such coordination may include providing States that administer elements
of Federal services with guidance and flexibilities with respect to the
elements of Federal programs they administer. Such coordination would
allow both Federal and State government entities to maximize their
respective expertise and improve efficiency. To further the policy set
forth in this section:
(a) Within 90 days of the date of this order, and on a regular basis
thereafter, the Deputy Director for Management of OMB and other members
of the President's Management Council (PMC) shall work with the
Assistant
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to the President and Chief of Staff, the Assistant to the President for
Domestic Policy, and the Assistant to the President for Economic Policy
to select a limited number of customer life experiences to prioritize
for Government-wide action to improve customer experience.
(b) The Deputy Director for Management of OMB and other members of
the PMC, in consultation with the Assistant to the President for
Domestic Policy, the Assistant to the President for Economic Policy, and
relevant interagency teams coordinated by OMB, shall organize
appropriate leadership structures to assess customer life experiences
selected pursuant to subsection (a) of this section, work to develop
measurable improvements for such customer life experiences that involve
multiple agencies, develop prospective plans for rigorously testing that
use appropriate empirical methods on which approaches work best, and
share lessons learned across the Federal Government.
(c) Within 180 days of the date of this order and every 6 months
thereafter, the Deputy Director for Management of OMB and other members
of the PMC, through the Deputy Director for Management of OMB, shall
report to the Assistant to the President and Chief of Staff on the
status of the actions described in subsection (b) of this section.
(d) The Director of OMB shall work with the head of each relevant
agency to help resolve issues related to overlapping responsibilities
among agencies, work to address barriers to serving customers across
multiple agencies, and coordinate activities to improve customer
experience or service delivery when primary responsibility among
multiple agencies is unclear.
(e) Within 120 days of the date of this order, the Administrator of
the Office of Electronic Government and the Administrator of the Office
of Information and Regulatory Affairs within OMB, in consultation with
relevant interagency councils (including the Chief Information Officers
Council, the Federal Privacy Council, the Chief Data Officer Council,
the Evaluation Officer Council, and the Interagency Council on
Statistical Policy), shall coordinate their current, respective efforts
to develop guidance for agencies, ensuring that such guidance
incorporates opportunities to:
(i) improve the efficiency and effectiveness of data sharing and support
processes among agencies and with State and local governments; and
(ii) streamline the process for agencies to provide services to State and
local governments, consistent with applicable law.
(f) Within 120 days of the date of this order, the Administrator of
the Office of Information and Regulatory Affairs shall provide guidance
for agencies on:
(i) identifying specific steps to reduce information collection burdens on
customers to enhance access across agencies; and
(ii) clarifying and updating recommendations and flexibilities under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), including to facilitate
stakeholder engagement and feedback processes to support the implementation
of this order.
(g) Within 180 days of the date of this order, the Administrator of
General Services shall submit to the Director of OMB a roadmap for the
development of prioritized common services and standards (such as the
United
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States Web Design System or systems for login and identity management),
platforms (such as notification capabilities), and digital products
(such as USA.gov) that support increased efficiency, integration, and
improved service delivery of designated customer life experiences.
Sec. 6. Ongoing Accountability for Federal Service Delivery. (a) The
Director of OMB shall designate as HISPs those Federal entities that
provide or fund customer-facing services, including Federal services
administered at the State or local level, that have a high impact on the
public, whether because of a large customer base or a critical effect on
those served. The Director of OMB shall maintain a list of designated
HISPS and may update this list at any time.
(b) The Secretary of State, the Secretary of the Treasury, the
Secretary of the Interior, the Secretary of Agriculture, the Secretary
of Commerce, the Secretary of Labor, the Secretary of Health and Human
Services, the Secretary of Housing and Urban Development, the Secretary
of Transportation, the Secretary of Education, the Secretary of Veterans
Affairs, the Secretary of Homeland Security, the Administrator of the
Small Business Administration, the Commissioner of Social Security, the
Administrator of General Services, the Administrator of the United
States Agency for International Development, and the Director of the
Office of Personnel Management shall each submit to the Director of OMB
a report including an assessment of the improvements needed in each
agency's customer experience management and service design capabilities
in light of this order, to be prioritized within each agency's
respective available and budgeted resources.
(c) The head of each HISP shall, in consultation with the Deputy
Director for Management of OMB, annually designate a limited number of
services for prioritized improvement (designated services).
Identification of designated services should be based on the moments
that matter most to the individuals served, as illustrated through
human-centered design and other research, and on those services' public-
facing nature, the number of individuals served, the volume of
transactions, the total Federal dollars spent, the safety and protection
of lives, or the critical nature of the services provided in the lives
of the individuals they serve.
(d) The Deputy Director for Management of OMB shall issue guidance
for HISPs that outlines an annual process for assessing their capacity
to manage customer experience, assessing their performance of designated
services through meaningful measures from the perspective of the public
and planning for the improvement of the customer experience. Assessments
should include, as appropriate, the identification of customer
experience challenges experienced by customers of the HISP in the form
of administrative burdens or other barriers, informed by experiential
data (including, as appropriate, through randomized controlled trials or
other rigorous program evaluation); ethnographic research; feedback from
public engagement; human-centered design methodologies such as journey
mapping; operational and administrative data analysis; direct
observations; examination, from a customer perspective, of how to
navigate the agency's service offerings, apply for a benefit, or comply
with a requirement of the agency; observations of customer interaction
with the agency's website or application processes and tools; or
observations of customer support service delivery such as activities at
call centers. Informed by findings from these assessments, plans for
improvement should include, as appropriate, actions such as conducting
outreach to the public about the agency's programs and other
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Federal programs for which those served by the agency may be eligible,
providing assistance to members of the public enrolling in the agency's
programs and other Federal programs, streamlining and improving
accessibility of forms and digital experiences, eliminating unnecessary
administrative burdens on customers, ensuring the accessibility of
services for customers with disabilities and those with limited English
proficiency, developing targeted actions to advance equity for
communities that face inequitable barriers to service access, or
engaging in other efforts to coordinate with other agencies to reduce
the need for those they serve to interact separately with multiple
agencies.
(e) The Director of OMB shall establish a team within OMB to lead
and support agency customer experience initiatives as well as such
initiatives that reach across agencies, including by facilitating the
decision-making processes needed to achieve the objectives of this
order; coordinating HISP activities as outlined in this order; and
developing strategies for the integration of services and development of
products involving multiple agencies as contemplated in this order.
(f) All agencies, whether identified in this section or not, are
urged to apply guidance issued pursuant to subsection (d) of this
section to improve their service delivery.
Sec. 7. Additional Agency Actions to Improve Customer Experience. The
heads of agencies shall:
(a) integrate activities to improve customer experience, as
appropriate and consistent with applicable law, into their respective:
(i) agency strategic plans developed pursuant to section 306(a) of title 5,
United States Code;
(ii) Agency Performance Plans developed pursuant to sections 1115 and 1116
of title 31, United States Code;
(iii) portions of performance plans relating to human and capital resource
requirements to achieve performance goals pursuant to section 1115(g) of
title 31, United States Code;
(iv) agency priority goals developed pursuant to section 1120 of title 31,
United States Code;
(v) selection of items for their respective regulatory agendas and plans
pursuant to subsections 4(b) and (c) of Executive Order 12866 of September
30, 1993 (Regulatory Planning and Review), as amended;
(vi) individual performance plans for senior executives consistent with
section 4312 of title 5, United States Code, and for other senior employees
consistent with section 4302 of title 5, United States Code; and
(vii) as permitted by law, any other agency activities, acquisitions, and
strategies that the Director of OMB determines to be appropriate to further
the implementation of the policy articulated in this order;
(b) direct all of their respective program offices to apply the
guidance from OMB's Office of Information and Regulatory Affairs
described in section 5(f) of this order, as well as the requirements of
the Paperwork Reduction Act related to collections of information,
consistently with guidance contained in the Office of Information and
Regulatory Affairs Memorandum of July 22, 2016 (Flexibilities under the
Paperwork Reduction Act for Compliance with Information Collection
Requirements), which provides that
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the Paperwork Reduction Act does not apply to agencies' general
solicitations of public views and feedback, certain ratings and rankings
of Federal services by members of the public using Government websites,
or direct observations of users interacting with digital tools and
products;
(c) direct all of their respective program offices to identify
opportunities to apply policies, including those set forth in
subsections 1(a) and (b) of Executive Order 13707, and to engage in
promising practices such as the advance testing of information
collections described in the Office of Information and Regulatory
Affairs Memorandum of August 9, 2012 (Testing and Simplifying Federal
Forms);
(d) identify opportunities, as appropriate and consistent with
applicable law, to modify their respective agencies' regulations,
internal and public-facing guidance, and policies to include positive
and equitable customer experiences and service delivery as part of their
respective agencies' missions; issue internal directives or policies on
customer experience and service delivery to articulate how their
respective agencies' strategies and missions relate to customer
experience and service delivery outcomes; and promote coordination
within and among their respective agencies concerning those customer
life experiences that cut across agency or agency component
responsibilities;
(e) improve the digital customer experience for their respective
agencies' customers by modernizing agency websites, using human-centered
design methodologies, digitizing agency services and forms, modernizing
records management, updating network infrastructure and mobility
capabilities, and accelerating the use of electronic signatures when
aligned with policy priorities, as required by the 21st Century
Integrated Digital Experience Act (44 U.S.C. 3501 note); and
(f) identify means by which their respective agencies can improve
transparency and accessibility through their compliance with the Plain
Writing Act of 2010 (Public Law 111-274) and related requirements and
guidance.
Sec. 8. OMB Guidance. The Director of OMB shall review and update OMB
Government-wide guidance and supporting processes (such as information
collection reviews or data sharing approvals) as necessary and
applicable, to ensure conformity with this order and to assist agencies
in improving their service delivery and customer experience.
Sec. 9. Independent Agencies. Independent agencies are strongly
encouraged to comply with the provisions of this order.
Sec. 10. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
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against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
December 13, 2021.
Executive Order 14059 of December 15, 2021
Imposing Sanctions on Foreign Persons Involved in the Global Illicit
Drug Trade
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), the Fentanyl
Sanctions Act (21 U.S.C. 2301 et seq.) (FSA), sections 212(f) and 215(a)
of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f) and
1185(a)), and section 301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, find
that the trafficking into the United States of illicit drugs, including
fentanyl and other synthetic opioids, is causing the deaths of tens of
thousands of Americans annually, as well as countless more non-fatal
overdoses with their own tragic human toll. Drug cartels, transnational
criminal organizations, and their facilitators are the primary sources
of illicit drugs and precursor chemicals that fuel the current opioid
epidemic, as well as drug-related violence that harms our communities. I
find that international drug trafficking--including the illicit
production, global sale, and widespread distribution of illegal drugs;
the rise of extremely potent drugs such as fentanyl and other synthetic
opioids; as well as the growing role of Internet-based drug sales--
constitutes an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States. This serious
threat requires our country to modernize and update our response to drug
trafficking. I hereby declare a national emergency to deal with that
threat.
Accordingly, I hereby order:
Section 1. (a) The Secretary of the Treasury is authorized to impose any
of the sanctions described in section 2 of this order on any foreign
person determined by the Secretary of the Treasury, in consultation with
the Secretary of State, the Attorney General, and the Secretary of
Homeland Security:
(i) to have engaged in, or attempted to engage in, activities or
transactions that have materially contributed to, or pose a significant
risk of materially contributing to, the international proliferation of
illicit drugs or their means of production; or
(ii) to have knowingly received any property or interest in property that
the foreign person knows:
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(A) constitutes or is derived from proceeds of activities or transactions
that have materially contributed to, or pose a significant risk of
materially contributing to, the international proliferation of illicit
drugs or their means of production; or
(B) was used or intended to be used to commit or to facilitate activities
or transactions that have materially contributed to, or pose a significant
risk of materially contributing to, the international proliferation of
illicit drugs or their means of production.
(b) The Secretary of the Treasury is authorized to impose any of the
sanctions described in section 2 of this order on any foreign person
determined by the Secretary of the Treasury, in consultation with the
Secretary of State, the Attorney General, and the Secretary of Homeland
Security:
(i) to have provided, or attempted to provide, financial, material, or
technological support for, or goods or services in support of:
(A) any activity or transaction described in subsection (a)(i) of this
section; or
(B) any sanctioned person;
(ii) to be or have been a leader or official of any sanctioned person or of
any foreign person that has engaged in any activity or transaction
described in subsection (a)(i) of this section; or
(iii) to be owned, controlled, or directed by, or to have acted or
purported to act for or on behalf of, directly or indirectly, any
sanctioned person.
(c) The Secretary of the Treasury is authorized to impose any of the
sanctions described in section 2 of this order consistent with the
requirements of section 7212 of the FSA (21 U.S.C. 2312) on any foreign
person determined by the President, or by the Secretary of the Treasury
pursuant to authority delegated by the President and in accordance with
the terms of such delegation, to be subject to sanctions pursuant to
section 7212 of the FSA.
Sec. 2. When the Secretary of the Treasury, in accordance with the terms
of section 1 of this order, has determined that a foreign person meets
any of the criteria in section 1(a)-(c) of this order, the Secretary of
the Treasury, in consultation with the Secretary of State, the Attorney
General, and the Secretary of Homeland Security, is authorized to select
one or more of the sanctions set forth in subsections (a)(i)-(vi) of
this section to impose on that foreign person.
(a) The Secretary of the Treasury shall take the following actions
as necessary to implement the selected sanctions:
(i) block all property and interests in property of the sanctioned person
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, and provide that such property and interests in
property may not be transferred, paid, exported, withdrawn, or otherwise
dealt in;
(ii) prohibit any transfers of credit or payments between financial
institutions, or by, through, or to any financial institution, to the
extent that such transfers or payments are subject to the jurisdiction of
the United States and involve any interest of the sanctioned person;
[[Page 717]]
(iii) prohibit any United States financial institution from making loans or
providing credit to the sanctioned person;
(iv) prohibit any transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the sanctioned person has
any interest;
(v) prohibit any United States person from investing in or purchasing
significant amounts of equity or debt instruments of the sanctioned person;
or
(vi) impose on the principal executive officer or officers of the
sanctioned person, or on persons performing similar functions and with
similar authorities as such officer or officers, any of the sanctions
described in subsections (a)(i)-(v) of this section that are applicable.
(b) The heads of the relevant executive departments and agencies, in
consultation with the Secretary of the Treasury, shall take the
following actions as necessary and appropriate to implement the
sanctions selected by the Secretary of the Treasury:
(i) with respect to a sanctioned person that is a financial institution:
(A) the Board of Governors of the Federal Reserve System and the Federal
Reserve Bank of New York shall not designate, and shall rescind any prior
designation of, the sanctioned person as a primary dealer in United States
Government debt instruments; and
(B) the sanctioned person shall not serve as an agent of the United
States Government or serve as a repository for United States Government
funds;
(ii) actions required to ensure that executive departments and agencies
shall not procure, or enter into a contract for the procurement of, any
goods or services from the sanctioned person;
(iii) actions required to suspend entry into the United States of any
noncitizen whom the Secretary of the Treasury, in consultation with the
Secretary of State, the Attorney General, and the Secretary of Homeland
Security, determines is a leader, official, senior executive officer, or
director of, or a shareholder with a controlling interest in, the
sanctioned person; or
(iv) actions required to impose on the principal executive officer or
officers of the sanctioned person, or on persons performing similar
functions and with similar authorities as such officer or officers, any of
the sanctions described in subsections (b)(i)-(iii) of this section that
are applicable.
Sec. 3. The prohibitions in section 2 of this order apply except to the
extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
date of this order.
Sec. 4. (a) The unrestricted immigrant and nonimmigrant entry into the
United States of noncitizens determined to meet any of the criteria in
section l(a)-(c) of this order, and for whom the sanctions described in
section 2(a)(i) or 2(b)(iii) of this order have been selected, would be
detrimental to the interests of the United States, and the entry of such
persons into the
[[Page 718]]
United States, as immigrants or nonimmigrants, is hereby suspended,
except when the Secretary of State or the Secretary of Homeland
Security, as appropriate, determines that the person's entry would not
be contrary to the interests of the United States, including when the
Secretary of State or the Secretary of Homeland Security, as
appropriate, so determines, based on a recommendation of the Attorney
General, that the person's entry would further important United States
law enforcement objectives.
(b) The Secretary of State shall implement this order as it applies
to visas pursuant to such procedures as the Secretary of State, in
consultation with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this order as
it applies to the entry of noncitizens pursuant to such procedures as
the Secretary of Homeland Security, in consultation with the Secretary
of State, may establish.
(d) Such persons shall be treated by this section in the same manner
as persons covered by section 1 of Proclamation 8693 of July 24, 2011
(Suspension of Entry of Aliens Subject to United Nations Security
Council Travel Bans and International Emergency Economic Powers Act
Sanctions).
Sec. 5. The prohibitions in section 2(a)(i) of this order include:
(a) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or
services from any such person.
Sec. 6. (a) Any transaction that evades or avoids, has the purpose of
evading or avoiding, causes a violation of, or attempts to violate any
of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 7. I hereby determine that the making of donations of the types of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of any person whose property and interests in
property are blocked pursuant to this order would seriously impair my
ability to deal with the national emergency declared in this order, and
I hereby prohibit such donations as provided by section 2(a) of this
order.
Sec. 8. For the purpose of this order:
(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) the term ``financial institution'' includes a depository
institution (as defined in section 3(c)(l) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)(l))), including a branch or agency of a
foreign bank (as defined in section 1(b)(7) of the International Banking
Act of 1978 (12 U.S.C. 3101(7))); a credit union; a securities firm,
including a broker or dealer; an insurance company, including an agency
or underwriter; and any other company that provides financial services;
(c) the term ``foreign person'' means any citizen or national of a
foreign state (including any such individual who is also a citizen or
national of the United States, provided such individual does not reside
in the United States) or any entity not organized under the laws of the
United States;
[[Page 719]]
(d) the term ``knowingly'' or ``knows'' with respect to conduct, a
circumstance, or a result, means that a person has actual knowledge, or
should have known, of the conduct, the circumstance, or the result;
(e) the phrase ``means of production'' includes any activities or
transactions involving any equipment, chemical, product, or material
that may be used, directly or indirectly, in the manufacture of illicit
drugs or precursor chemicals;
(f) the term ``noncitizen'' means any person who is not a citizen or
noncitizen national of the United States;
(g) the term ``person'' means an individual or entity;
(h) the term ``proliferation of illicit drugs'' means any illicit
activity to produce, manufacture, distribute, sell, or knowingly finance
or transport: narcotic drugs, controlled substances, listed chemicals,
or controlled substance analogues, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802);
(i) the term ``sanctioned person'' means any person sanctioned
pursuant to this order;
(j) the term ``United States financial institution'' means a
financial institution (including its foreign branches) organized under
the laws of the United States or of any jurisdiction within the United
States or located in the United States; and
(k) the term ``United States person'' means any United States
citizen, lawful permanent resident, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 9. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render those measures
ineffectual. I therefore determine that for those 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. 10. The Secretary of the Treasury, in consultation with the
Secretary of State, the Attorney General, and the Secretary of Homeland
Security, is authorized to take such actions, including promulgating
rules and regulations, and to employ all powers granted to the President
by the FSA or IEEPA as may be necessary to implement this order. The
Secretary of the Treasury may, consistent with applicable law,
redelegate any of these functions within the Department of the Treasury.
All executive departments and agencies shall take all appropriate
measures within their authority to implement the provisions of this
order.
Sec. 11. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to submit recurring and final
reports to the Congress on the national emergency declared in this
order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and
section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 12. (a) Nothing in this order shall be construed to impair or
otherwise affect:
[[Page 720]]
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
December 15, 2021.
Executive Order 14060 of December 15, 2021
Establishing the United States Council on Transnational Organized Crime
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby order as follows:
Section 1. Purpose. Transnational organized crime (TOC) poses a direct
and escalating threat to public health, public safety, and national
security. Transnational criminal organizations engage in a broad range
of criminal activities, including drug and weapons trafficking, migrant
smuggling, human trafficking, cybercrime, intellectual property theft,
money laundering, wildlife and timber trafficking, illegal fishing, and
illegal mining.
These networks continue to expand in size and influence in the United
States and abroad. Transnational criminal organizations contribute
directly to tens of thousands of drug-overdose deaths in the United
States each year and adversely affect American communities and economic
prosperity. They also threaten United States national security by
degrading the security and stability of allied and partner nations,
undermining the rule of law, fostering corruption, acting as proxies for
hostile state activities, directly or indirectly funding insurgent and
terrorist groups, depleting natural resources, harming human health and
the environment, contributing to climate change through illegal
deforestation and logging, and exploiting and endangering vulnerable
populations. In some regions, transnational criminal organizations wield
state-like capabilities, disregarding sovereign borders, compromising
the integrity of democratic institutions and threatening the legitimacy
of fragile governments, and securing their power through intimidation,
corruption, and violence. For these reasons, it is in the national
interest of the United States to counter TOC. Addressing TOC requires a
coordinated Federal framework accompanied by a cohesive whole-of-
government effort executed in collaboration with State, local, Tribal,
territorial, and civil society partners in the United States and in
close coordination with foreign partners, international and regional
organizations, and international and local civil society groups abroad.
[[Page 721]]
Sec. 2. Policy. Executive departments and agencies (agencies) shall take
actions within their respective authorities, including, as appropriate,
through the provision of technical and financial assistance, to enhance
efforts to counter TOC. It is the policy of the United States to:
(a) employ authorized intelligence and operational capabilities in
an integrated manner to target, disrupt, and degrade transnational
criminal organizations that pose the greatest threat to national
security;
(b) collaborate with private entities and international,
multilateral, and bilateral organizations to combat TOC, while also
strengthening cooperation with and advancing efforts to build capacity
in partner nations to reduce transnational criminal activity;
(c) improve information sharing between law enforcement entities and
the Intelligence Community to enhance strategic analysis of, and efforts
to combat, transnational criminal organizations and their activities,
while also preserving our ability to speedily bring TOC actors to
justice;
(d) expand tools and capabilities to combat illicit finance, which
underpins all TOC activities; and
(e) develop and deploy new technologies to identify and disrupt
existing and newly emerging TOC threats.
Sec. 3. Establishments. (a) There shall be established a United States
Council on Transnational Organized Crime (USCTOC), which shall report to
the President through the Assistant to the President for National
Security Affairs. The USCTOC shall monitor the production and
implementation of coordinated strategic plans for whole-of-government
counter-TOC efforts in support of and in alignment with policy
priorities established by the President through the National Security
Council.
(i) The USCTOC shall replace the Threat Mitigation Working Group,
previously directed to lead whole-of-government efforts on TOC under
Executive Order 13773 of February 9, 2017 (Enforcing Federal Law With
Respect to Transnational Criminal Organizations and Preventing
International Trafficking). Accordingly, section 3 of Executive Order 13773
is hereby revoked.
(ii) The USCTOC shall consist of the following members or their designees:
(A) the Secretary of State;
(B) the Secretary of the Treasury;
(C) the Secretary of Defense;
(D) the Attorney General;
(E) the Secretary of Homeland Security; and
(F) the Director of National Intelligence.
(iii) The USCTOC may request other agencies to contribute to the USCTOC's
efforts as necessary, including by detail or assignment of personnel
consistent with subsection (b)(v) of this section.
(iv) The USCTOC shall meet not later than 60 days from the date of this
order and periodically thereafter.
[[Page 722]]
(b) There shall be established a USCTOC Strategic Division
(Division), an interagency working group housed at the Department of
Justice, comprising personnel from agencies designated in subsection
(a)(ii) of this section.
(i) The Division shall produce coordinated strategic plans for whole-of-
government counter-TOC efforts in support of and in alignment with policy
priorities established by the President through the National Security
Council. These strategic plans shall be informed by intelligence
assessments, be developed in coordination with agencies, and include
recommendations for actions by agencies. The Division shall submit its
completed strategic plans to the USCTOC.
(ii) The Division shall be chaired by a senior official from the Department
of Justice or the Department of Homeland Security. The Chairperson shall
serve a 2 year term. The Attorney General and the Secretary of Homeland
Security, or their designees, shall alternate every 2 years selecting the
Chairperson.
(iii) The Division shall be established for administrative purposes within
the Department of Justice, and the Department of Justice shall, to the
extent permitted by law and subject to the availability of appropriations,
provide administrative support and funding for the Division.
(iv) Agencies designated in subsection (a)(ii) of this section are hereby
directed, consistent with their authorities, budget priorities, and mission
constraints, and to the extent permitted by law and consistent with the
need to protect intelligence and law enforcement sources, methods,
operations, and investigations, to provide to the Division:
(A) details or assignments of personnel, who shall be qualified subject-
matter experts and strategic planners, and who shall serve on full-time
assignments of not less than 1 year;
(B) relevant information, research, intelligence, and analysis; and
(C) such other resources and assistance as the Division may request for
the purpose of carrying out the responsibilities outlined in this section.
(v) To the extent permitted by law, agencies designated in subsection
(a)(ii) of this section are encouraged to detail or assign their employees
to the Division on a non-reimbursable basis.
(vi) The Division, within 120 days of the date of this order, shall submit
to the USCTOC a report describing a process that the USCTOC can implement
on an ongoing basis and as necessary to identify and prioritize the most
significant TOC threats in alignment with policy priorities established by
the President through the National Security Council.
Sec. 4. Report. The Director of National Intelligence, within 120 days
of the date of this order and annually thereafter, shall submit a report
to the President through the Assistant to the President for National
Security Affairs assessing the Intelligence Community's posture with
respect to TOC-related collection efforts, including recommendations on
resource allocation and prioritization.
Sec. 5. Definitions. For the purposes of this order:
(a) the term ``Intelligence Community'' has the meaning ascribed to
it under 50 U.S.C. 3003(4); and
[[Page 723]]
(b) the term ``transnational criminal organizations'' refers to
groups, networks, and associated individuals who operate transnationally
for the purpose of obtaining power, influence, or monetary or commercial
gain, wholly or in part by illegal means, while advancing their
activities through a pattern of crime, corruption, or violence, and
while protecting their illegal activities through a transnational
organizational structure and the exploitation of public corruption or
transnational logistics, financial, or communication mechanisms.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
December 15, 2021.
Executive Order 14061 of December 22, 2021
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303, are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the
Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of
Public Law 102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for
senior executives in the Senior Executive Service, as established
pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto
and made a part hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates
of basic pay or salaries for the following offices and positions are set
forth on the schedules attached hereto and made a part hereof:
[[Page 724]]
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C.
4501) at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a))
at Schedule 7.
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C.
203(a)) for members of the uniformed services, as adjusted under 37
U.S.C. 1009, and the rate of monthly cadet or midshipman pay (37 U.S.C.
203(c)) are set forth on Schedule 8 attached hereto and made a part
hereof.
Sec. 5. Locality-Based Comparability Payments.
(a) Pursuant to section 5304 of title 5, United States Code, and my
authority to implement an alternative level of comparability payments
under section 5304a of title 5, United States Code, locality-based
comparability payments shall be paid in accordance with Schedule 9
attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take
such actions as may be necessary to implement these payments and to
publish appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. Pursuant to section 5372 of title 5,
United States Code, the rates of basic pay for administrative law judges
are set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2022. The
other schedules contained herein are effective on the first day of the
first applicable pay period beginning on or after January 1, 2022.
Sec. 8. Prior Order Superseded. Executive Order 13970 of December 31,
2020, is superseded as of the effective dates specified in section 7 of
this order.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
December 22, 2021.
[[Page 725]]
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[[Page 735]]
[GRAPHIC] [TIFF OMITTED] TD28DE21.018
[[Page 737]]
________________________________________________________________________
OTHER PRESIDENTIAL DOCUMENTS
________________________________________________________________________
Page
Subchapter A-- [Reserved]
Subchapter B-- Administrative Orders 737
Subchapter C-- Reorganization Plans [None]
Subchapter D-- Designations [None]
Appendix A-- List of Messages to Congress Transmitting Budget
Rescissions and Deferrals 831
________________________________________________________________________
Subchapter B-- Administrative Orders
________________________________________________________________________
Memorandum of January 8, 2021
Providing an Order of Succession Within the United States International
Development Finance Corporation
Memorandum for the Chief Executive Officer of the United States
International Development Finance Corporation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the ``Act''), I
hereby direct the following:
Section 1. Order of Succession. Subject to the provisions of section 2
of this memorandum, and to the limitations set forth in the Act, the
following officers of the United States International Development
Finance Corporation (DFC), in the order listed, shall act as and perform
the functions and duties of the office of the Chief Executive Officer of
DFC during any period in which the Chief Executive Officer of DFC has
died, resigned, or otherwise become unable to perform the functions and
duties of the office of the Chief Executive Officer of DFC:
(a) Deputy Chief Executive Officer;
(b) Chief Operating Officer;
(c) Executive Vice President for Strategy;
[[Page 738]]
(d) Chief of Staff;
(e) Vice President and General Counsel;
(f) Deputy General Counsel;
(g) Vice President, Structured Finance and Insurance;
(h) Vice President, Development Credit; and
(i) Chief Financial Officer and Vice President, Finance.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 of this memorandum in an acting capacity shall, by virtue
of so serving, act as Chief Executive Officer of DFC pursuant to this
memorandum.
(b) No individual who is serving in an office listed in section 1 of
this memorandum shall act as Chief Executive Officer of DFC unless that
individual is otherwise eligible to so serve under the Act.
(c) Notwithstanding the provisions of this memorandum, the President
retains discretion, to the extent permitted by law, to depart from this
memorandum in designating an acting Chief Executive Officer of DFC.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
Sec. 4. You are authorized and directed to publish this memorandum in
the Federal Register.
DONALD J. TRUMP
THE WHITE HOUSE,
Washington, January 8, 2021.
Memorandum of January 13, 2021
Delegation of Authority Under Section 614(a)(2) of the Foreign
Assistance Act of 1961
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of Title 3,
United
[[Page 739]]
States Code, I hereby delegate to the Secretary of State, subject to
fulfilling the requirement of section 614(a)(3) of the Foreign
Assistance Act of 1961 (FAA), the authority under section 614(a)(2) of
the FAA to determine whether it is vital to the national security
interests of the United States to make up to $6.8 million in sales of
cluster munitions technology under the Arms Export Control Act to the
Republic of Korea, without regard to any other provision of law within
the purview of section 614(a)(2) of the FAA.
You are authorized and directed to publish this memorandum in the
Federal Register.
DONALD J. TRUMP
THE WHITE HOUSE,
Washington, January 13, 2021.
Presidential Determination No. 2021-03 of January 14, 2021
Presidential Determination on the Pursuant to Section 1245(d)(4)(B) and
(C) of the National Defense Authorization Act for FY 2012
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,
and] the Secretary of Energy
By the authority vested in me as President by the Constitution and the
laws of the United States, after carefully considering the reports
submitted to the Congress by the Energy Information Administration
including the report submitted in October 2020, and other relevant
factors, including global economic conditions, increased oil production
by certain countries, the level of spare capacity, and the availability
of strategic reserves, I determine, pursuant to section 1245(d)(4)(B)
and (C) of the National Defense Authorization Act for Fiscal Year 2012,
Public Law 112-81, and consistent with prior determinations, that there
is a sufficient supply of petroleum and petroleum products from
countries other than Iran to permit a significant reduction in the
volume of petroleum and petroleum products purchased from Iran by or
through foreign financial institutions.
I will continue to monitor this situation closely.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
DONALD J. TRUMP
THE WHITE HOUSE,
Washington, January 14, 2021
[[Page 740]]
[GRAPHIC] [TIFF OMITTED] TD02FE21.000
[[Page 741]]
[GRAPHIC] [TIFF OMITTED] TD02FE21.001
[[Page 742]]
Notice of January 15, 2021
Continuation of the National Emergency With Respect to the Southern
Border of the United States
On February 15, 2019, by Proclamation 9844, I declared a national
emergency concerning the southern border of the United States to deal
with the border security and humanitarian crisis that threatens core
national security interests.
The ongoing border security and humanitarian crisis at the southern
border of the United States continues to threaten our national security,
including by exacerbating the effect of the pandemic caused by COVID-19.
The executive branch has taken steps to address the crisis, but further
action is needed to address the humanitarian crisis and to control
unlawful migration and the flow of narcotics and criminals across the
southern border of the United States.
For these reasons, the national emergency declared on February 15, 2019,
and the measures adopted on that date to respond to that emergency, must
continue in effect beyond February 15, 2021. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency declared in
Proclamation 9844 concerning the southern border of the United States.
This notice shall be published in the Federal Register and transmitted
to the Congress.
DONALD J. TRUMP
THE WHITE HOUSE,
January 15, 2021.
Memorandum of January 19, 2021
Declassification of Certain Materials Related to the FBI's Crossfire
Hurricane Investigation
Memorandum for the Attorney General[,] the Director of National
Intelligence[, and] the Director of the Central Intelligence Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby direct the following:
Section 1. Declassification and Release. At my request, on December 30,
2020, the Department of Justice provided the White House with a binder
of materials related to the Federal Bureau of Investigation's Crossfire
Hurricane investigation. Portions of the documents in the binder have
remained classified and have not been released to the Congress or the
public. I requested the documents so that a declassification review
could be performed and so I could determine to what extent materials in
the binder should be released in unclassified form.
I determined that the materials in that binder should be declassified to
the maximum extent possible. In response, and as part of the iterative
process
[[Page 743]]
of the declassification review, under a cover letter dated January 17,
2021, the Federal Bureau of Investigation noted its continuing objection
to any further declassification of the materials in the binder and also,
on the basis of a review that included Intelligence Community equities,
identified the passages that it believed it was most crucial to keep
from public disclosure. I have determined to accept the redactions
proposed for continued classification by the FBI in that January 17
submission.
I hereby declassify the remaining materials in the binder. This is my
final determination under the declassification review and I have
directed the Attorney General to implement the redactions proposed in
the FBI's January 17 submission and return to the White House an
appropriately redacted copy.
My decision to declassify materials within the binder is subject to the
limits identified above and does not extend to materials that must be
protected from disclosure pursuant to orders of the Foreign Intelligence
Surveillance Court and does not require the disclosure of certain
personally identifiable information or any other materials that must be
protected from disclosure under applicable law. Accordingly, at my
direction, the Attorney General has conducted an appropriate review to
ensure that materials provided in the binder may be disclosed by the
White House in accordance with applicable law.
Sec. 2. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Attorney General is authorized and directed to publish this
memorandum in the Federal Register.
DONALD J. TRUMP
THE WHITE HOUSE,
Washington, January 19, 2021.
[[Page 744]]
Memorandum of January 19, 2021
Deferred Enforced Departure for Certain Venezuelans
Memorandum for the Secretary of State [and] the Secretary of Homeland
Security
The autocratic government of Nicolas Maduro has consistently violated
the sovereign freedoms possessed by the Venezuelan people. Through force
and fraud, the Maduro regime is responsible for the worst humanitarian
crisis in the Western Hemisphere in recent memory. A catastrophic
economic crisis and shortages of basic goods and medicine have forced
about five million Venezuelans to flee the country, often under
dangerous conditions.
This Administration has imposed sanctions against Maduro and his regime,
and I have recognized the President of the Venezuelan National Assembly,
Juan Guaid[oacute], as the interim president of the country. The
deteriorative condition within Venezuela, which presents an ongoing
national security threat to the safety and well-being of the American
people, warrants the deferral of the removal of Venezuelan nationals who
are present in the United States.
Pursuant to my constitutional authority to conduct the foreign relations
of the United States, I have determined that it is in the foreign policy
interest of the United States to defer the removal of any national of
Venezuela, or alien without nationality who last habitually resided in
Venezuela, subject to the conditions and exceptions provided below.
Accordingly, I hereby direct you to take appropriate measures to defer
for 18 months the removal of any national of Venezuela, or alien without
nationality who last habitually resided in Venezuela, who is present in
the United States as of January 20, 2021, except for aliens who:
(1) have voluntarily returned to Venezuela or their country of last
habitual residence outside the United States;
(2) have not continuously resided in the United States since January
20, 2021;
(3) are inadmissible under section 212(a)(3) of the Immigration and
Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under section
237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
(4) who have been convicted of any felony or 2 or more misdemeanors
committed in the United States, or who meet the criteria set forth in
section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
(5) who were deported, excluded, or removed, prior to January 20,
2021;
(6) who are subject to extradition;
(7) whose presence in the United States the Secretary of Homeland
Security has determined is not in the interest of the United States or
presents a danger to public safety; or
(8) whose presence in the United States the Secretary of State has
reasonable grounds to believe would have potentially serious adverse
foreign policy consequences for the United States.
[[Page 745]]
I further direct the Secretary of Homeland Security to take appropriate
measures to authorize employment for aliens whose removal has been
deferred, as provided by this memorandum, for the duration of such
deferral.
The Secretary of Homeland Security is authorized and directed to publish
this memorandum in the Federal Register.
DONALD J. TRUMP
THE WHITE HOUSE,
Washington, January 19, 2021.
Memorandum of January 20, 2021
Reinstating Deferred Enforced Departure for Liberians
Memorandum for the Secretary of State [and] the Secretary of Homeland
Security
Since 1991, the United States has provided safe haven for Liberians who
were forced to flee their country as a result of armed conflict and
widespread civil strife, in part through the grant of Temporary
Protected Status (TPS). The armed conflict ended in 2003, and TPS for
affected Liberian nationals ended effective October 1, 2007. President
Bush then deferred the enforced departure of those Liberians originally
granted TPS. President Obama, in successive memoranda, extended that
grant of Deferred Enforced Departure (DED) to March 31, 2018. President
Trump then determined that conditions in Liberia did not warrant a
further extension of DED, but that the foreign policy interests of the
United States warranted affording an orderly transition period for
Liberian DED beneficiaries. President Trump later extended that DED
transition period through March 30, 2020.
In December 2019, the Congress enacted the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) (NDAA), which
included, as section 7611, the Liberian Refugee Immigration Fairness
(LRIF) provision. The LRIF provision, with limited exceptions, makes
Liberians who have been continuously present in the United States since
November 20, 2014, as well as their spouses and children, eligible for
adjustment of status to that of United States lawful permanent resident
(LPR). The NDAA gave eligible Liberian nationals until December 20,
2020, to apply for this adjustment of status. After the enactment of the
LRIF provision, President Trump further extended the DED transition
period through January 10, 2021, to ensure that DED beneficiaries would
continue to be eligible for employment authorization during the LRIF
application period.
The LRIF application process was hampered by a slow launch, cumbersome
procedures, and delays in adjudication. Recognizing these difficulties,
the Congress enacted a 1-year extension to the application period in
section 901 of the Consolidated Appropriations Act, 2021 (Public Law
116-260). That legislation, however, did not provide for continued
employment authorization past January 10, 2021, the expiration of the
most recent DED transition period.
[[Page 746]]
There are compelling foreign policy reasons to reinstate DED for an
additional period for those Liberians presently residing in the United
States who were under a grant of DED as of January 10, 2021. Providing
work authorization to these Liberians, for whom we have long authorized
TPS or DED in the United States, while they initiate and complete the
LRIF status-adjustment process, honors the historic close relationship
between the United States and Liberia and is in the foreign policy
interests of the United States. I urge all Liberian DED beneficiaries to
apply promptly for adjustment of status, and I direct the Secretary of
Homeland Security to review the LRIF application procedures administered
by United States Citizenship and Immigration Services to ensure that
they facilitate ease of application and timely adjudication.
Pursuant to my constitutional authority to conduct the foreign relations
of the United States, I have determined that it is in the foreign policy
interests of the United States to defer through June 30, 2022, the
removal of any Liberian national, or person without nationality who last
habitually resided in Liberia, who is present in the United States and
who was under a grant of DED as of January 10, 2021. I have also
determined that any Liberian national, or person without nationality who
last habitually resided in Liberia, who is present in the United States
and who was under a grant of DED as of January 10, 2021, should have
continued employment authorization through June 30, 2022.
The Secretary of Homeland Security shall promptly direct the appropriate
officials to make provision, by means of a notice published in the
Federal Register, for immediate allowance of employment authorization
for those Liberians who held appropriate DED-related employment
authorization documents as of January 10, 2021. The Secretary shall also
provide for the prompt issuance of new or replacement documents in
appropriate cases.
This grant of DED and continued employment authorization shall apply to
any Liberian DED beneficiary as of January 10, 2021, but shall not apply
to such persons in the following categories:
(1) Individuals who would be ineligible for TPS for the reasons
provided in section 244(c)(2)(B) of the Immigration and Nationality Act,
8 U.S.C. 1254a(c)(2)(B);
(2) Individuals who sought or seek LPR status under the LRIF
provision but whose applications have been or are denied by the
Secretary of Homeland Security;
(3) Individuals whose removal the Secretary of Homeland Security
determines is in the interest of the United States, subject to the LRIF
provision;
(4) Individuals whose presence or activities in the United States
the Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
(5) Individuals who have voluntarily returned to Liberia or their
country of last habitual residence outside the United States for an
aggregate period of 180 days or more, as specified in subsection (c)(2)
of the LRIF provision;
(6) Individuals who were deported, excluded, or removed prior to the
date of this memorandum; or
(7) Individuals who are subject to extradition.
[[Page 747]]
Accordingly, I hereby direct the Secretary of Homeland Security to take
the necessary steps to implement for eligible Liberians:
(1) a deferral of enforced departure from the United States through
June 30, 2022, effective immediately; and
(2) authorization for employment valid through June 30, 2022.
The Secretary of Homeland Security is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 20, 2021.
Memorandum of January 20, 2021
Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)
Memorandum for the Attorney General [and] the Secretary of Homeland
Security
By the authority vested in me as President by the Constitution and the
laws of the United States, it is hereby ordered as follows:
Section 1. Policy. In 2012, during the Obama-Biden Administration, the
Secretary of Homeland Security issued a memorandum outlining how, in the
exercise of prosecutorial discretion, the Department of Homeland
Security should enforce the Nation's immigration laws against certain
young people. This memorandum, known as the Deferred Action for
Childhood Arrivals (DACA) guidance, deferred the removal of certain
undocumented immigrants who were brought to the United States as
children, have obeyed the law, and stayed in school or enlisted in the
military. DACA and associated regulations permit eligible individuals
who pass a background check to request temporary relief from removal and
to apply for temporary work permits. DACA reflects a judgment that these
immigrants should not be a priority for removal based on humanitarian
concerns and other considerations, and that work authorization will
enable them to support themselves and their families, and to contribute
to our economy, while they remain.
Sec. 2. Preserving and Fortifying DACA. The Secretary of Homeland
Security, in consultation with the Attorney General, shall take all
actions he deems appropriate, consistent with applicable law, to
preserve and fortify DACA.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
[[Page 748]]
(b) This memorandum shall be implemented consistent with applicable
law.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Homeland Security is authorized and directed to
publish this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 20, 2021.
Memorandum of January 20, 2021
Modernizing Regulatory Review
Memorandum for the Heads of Executive Departments and Agencies
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. Background. For nearly four decades, the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB) has been charged by Presidents of both parties with
reviewing significant executive branch regulatory actions. This process
is largely governed by Executive Order 12866 of September 30, 1993
(Regulatory Planning and Review), as amended. This memorandum reaffirms
the basic principles set forth in that order and in Executive Order
13563 of January 18, 2011 (Improving Regulation and Regulatory Review),
which took important steps towards modernizing the regulatory review
process. When carried out properly, that process can help to advance
regulatory policies that improve the lives of the American people.
Our Nation today faces serious challenges, including a massive global
pandemic; a major economic downturn; systemic racial inequality; and the
undeniable reality and accelerating threat of climate change. It is the
policy of my Administration to mobilize the power of the Federal
Government to rebuild our Nation and address these and other challenges.
As we do so, it is important that we evaluate the processes and
principles that govern regulatory review to ensure swift and effective
Federal action. Regulations that promote the public interest are vital
for tackling national priorities.
Sec. 2. Implementation. (a) I therefore direct the Director of OMB, in
consultation with representatives of executive departments and agencies
(agencies), as appropriate and as soon as practicable, to begin a
process with the goal of producing a set of recommendations for
improving and modernizing regulatory review. These recommendations
should provide concrete suggestions on how the regulatory review process
can promote public health and safety, economic growth, social welfare,
racial justice, environmental stewardship, human dignity, equity, and
the interests of future generations. The
[[Page 749]]
recommendations should also include proposals that would ensure that
regulatory review serves as a tool to affirmatively promote regulations
that advance these values. These recommendations should be informed by
public engagement with relevant stakeholders.
(b) In particular, the recommendations should:
(i) identify ways to modernize and improve the regulatory review process,
including through revisions to OMB's Circular A-4, Regulatory Analysis, 68
FR 58,366 (Oct. 9, 2003), to ensure that the review process promotes
policies that reflect new developments in scientific and economic
understanding, fully accounts for regulatory benefits that are difficult or
impossible to quantify, and does not have harmful anti-regulatory or
deregulatory effects;
(ii) propose procedures that take into account the distributional
consequences of regulations, including as part of any quantitative or
qualitative analysis of the costs and benefits of regulations, to ensure
that regulatory initiatives appropriately benefit and do not
inappropriately burden disadvantaged, vulnerable, or marginalized
communities;
(iii) consider ways that OIRA can play a more proactive role in partnering
with agencies to explore, promote, and undertake regulatory initiatives
that are likely to yield significant benefits; and
(iv) identify reforms that will promote the efficiency, transparency, and
inclusiveness of the interagency review process, and determine an
appropriate approach with respect to the review of guidance documents.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary,
administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Director of OMB is authorized and directed to publish this
memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 20, 2021.
[[Page 750]]
Memorandum of January 21, 2021
Memorandum To Extend Federal Support to Governors' Use of the National
Guard To Respond to COVID-19 and To Increase Reimbursement and Other
Assistance Provided to States
Memorandum for the Secretary of Defense [and] the Secretary of Homeland
Security
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the
``Stafford Act''), and section 502 of title 32, United States Code, I
hereby order as follows:
Section 1. Policy. Consistent with the nationwide emergency declaration
concerning the coronavirus disease 2019 (COVID-19) pandemic on March 13,
2020, it is the policy of my Administration to combat and respond to
COVID-19 with the full capacity and capability of the Federal Government
to protect and support our families, schools, and businesses, and to
assist State, local, Tribal, and territorial governments to do the same,
to the extent authorized by law.
Sec. 2. Support of Operations or Missions to Prevent and Respond to the
Spread of COVID-19. (a) The Secretary of Defense shall, to the maximum
extent feasible and consistent with mission requirements (including
geographic proximity), request pursuant to 32 U.S.C. 502(f) that all
State and territorial governors order National Guard forces to perform
duty to fulfill mission assignments, on a fully reimbursable basis, that
the Federal Emergency Management Agency (FEMA) issues to the Department
of Defense for the purpose of supporting State, local, Tribal, and
territorial emergency assistance efforts under the Stafford Act.
(b) FEMA shall fund 100 percent of the cost of activities associated
with all mission assignments for the use of the National Guard under 32
U.S.C. 502(f) to respond to COVID-19, as authorized by sections 403 (42
U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the
Stafford Act.
(c) This section supersedes prior Presidential Memoranda requesting
the use of the National Guard to respond to the COVID-19 emergency to
the extent they are inconsistent with this memorandum.
Sec. 3. Assistance for Category B Emergency Protective Measures. (a) In
accordance with sections 403 (42 U.S.C. 5170b) and 502 (42 U.S.C. 5192)
of the Stafford Act, FEMA shall, as appropriate and consistent with
applicable law, make available under Category B of the Public Assistance
program such assistance as may be required by States (including
territories and the District of Columbia), local governments, and Tribal
governments to provide for the safe opening and operation of eligible
schools, child-care facilities, healthcare facilities, non-congregate
shelters, domestic violence shelters, transit systems, and other
eligible applicants. Such assistance may include funding for the
provision of personal protective equipment and disinfecting services and
supplies.
(b) FEMA shall make assistance under this section available at a 100
percent Federal cost share until September 30, 2021.
[[Page 751]]
Sec. 4. Advanced Reimbursement. To make reimbursements for approved work
under the Stafford Act to respond to COVID-19 available more quickly,
FEMA shall expedite reimbursement for eligible emergency work projects
and, as appropriate and consistent with applicable law, provide an
advance of the Federal share on a percentage of the expected
reimbursement from FEMA-approved projects.
Sec. 5. One-Hundred Percent Cost Share Termination. The 100 percent
Federal cost share for use of National Guard forces authorized by
section 2(b) of this memorandum shall extend to, and shall be available
for, orders of any length authorizing duty through September 30, 2021.
Sec. 6. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Defense is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 21, 2021.
Memorandum of January 26, 2021
Condemning and Combating Racism, Xenophobia, and Intolerance Against
Asian Americans and Pacific Islanders in the United States
Memorandum for the Heads of Executive Departments and Agencies
Advancing inclusion and belonging for people of all races, national
origins, and ethnicities is critical to guaranteeing the safety and
security of the American people. During the coronavirus disease 2019
(COVID-19) pandemic, inflammatory and xenophobic rhetoric has put Asian
American and Pacific Islander (AAPI) persons, families, communities, and
businesses at risk.
[[Page 752]]
The Federal Government must recognize that it has played a role in
furthering these xenophobic sentiments through the actions of political
leaders, including references to the COVID-19 pandemic by the geographic
location of its origin. Such statements have stoked unfounded fears and
perpetuated stigma about Asian Americans and Pacific Islanders and have
contributed to increasing rates of bullying, harassment, and hate crimes
against AAPI persons. These actions defied the best practices and
guidelines of public health officials and have caused significant harm
to AAPI families and communities that must be addressed.
Despite these increasing acts of intolerance, Asian Americans and
Pacific Islanders have made our Nation more secure during the COVID-19
pandemic and throughout our history. An estimated 2 million Asian
Americans and Pacific Islanders have served on the front lines of this
crisis as healthcare providers, as first responders, and in other
essential roles. The Federal Government should combat racism,
xenophobia, and intolerance against Asian Americans and Pacific
Islanders and should work to ensure that all members of AAPI
communities--no matter their background, the language they speak, or
their religious beliefs--are treated with dignity and equity.
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. Condemning Racism, Xenophobia, and Intolerance Against Asian
Americans and Pacific Islanders. The Federal Government has a
responsibility to prevent racism, xenophobia, and intolerance against
everyone in America, including Asian Americans and Pacific Islanders. My
Administration condemns and denounces acts of racism, xenophobia, and
intolerance against AAPI communities.
Sec. 2. Combating Racism, Xenophobia, and Intolerance Against Asian
Americans and Pacific Islanders. (a) The Secretary of Health and Human
Services shall, in coordination with the COVID-19 Health Equity Task
Force, consider issuing guidance describing best practices for advancing
cultural competency, language access, and sensitivity towards Asian
Americans and Pacific Islanders in the context of the Federal
Government's COVID-19 response. In developing any such guidance, the
Secretary should consider the best practices set forth by public health
organizations and experts for mitigating racially discriminatory
language in describing the COVID-19 pandemic.
(b) Executive departments and agencies (agencies) shall take all
appropriate steps to ensure that official actions, documents, and
statements, including those that pertain to the COVID-19 pandemic, do
not exhibit or contribute to racism, xenophobia, and intolerance against
Asian Americans and Pacific Islanders. Agencies may consult with public
health experts, AAPI community leaders, or AAPI community-serving
organizations, or may refer to any best practices issued pursuant to
subsection (a) of this section, to ensure an understanding of the needs
and challenges faced by AAPI communities.
(c) The Attorney General shall explore opportunities to support,
consistent with applicable law, the efforts of State and local agencies,
as well
[[Page 753]]
as AAPI communities and community-based organizations, to prevent
discrimination, bullying, harassment, and hate crimes against AAPI
individuals, and to expand collection of data and public reporting
regarding hate incidents against such individuals.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) Independent agencies are strongly encouraged to comply with the
provisions of this memorandum.
(d) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(e) The Secretary of Health and Human Services is authorized and
directed to publish this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 26, 2021.
Memorandum of January 26, 2021
Redressing Our Nation's and the Federal Government's History of
Discriminatory Housing Practices and Policies
Memorandum for the Secretary 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, it is hereby ordered as follows:
Section 1. Background and Policy. Diverse and inclusive communities
strengthen our democracy. But our Nation's history has been one of great
struggle toward this ideal. During the 20th century, Federal, State, and
local governments systematically implemented racially discriminatory
housing policies that contributed to segregated neighborhoods and
inhibited equal opportunity and the chance to build wealth for Black,
Latino, Asian American and Pacific Islander, and Native American
families, and other underserved communities. Ongoing legacies of
residential segregation and discrimination remain ever-present in our
society. These include a racial gap in homeownership; a persistent
undervaluation of properties owned by families of color; a
disproportionate burden of pollution and exposure to the impacts of
climate change in communities of color; and systemic barriers to safe,
accessible, and affordable housing for people of
[[Page 754]]
color, immigrants, individuals with disabilities, and lesbian, gay,
bisexual, transgender, gender non-conforming, and queer (LGBTQ+)
individuals.
Throughout much of the 20th century, the Federal Government
systematically supported discrimination and exclusion in housing and
mortgage lending. While many of the Federal Government's housing
policies and programs expanded homeownership across the country, many
knowingly excluded Black people and other persons of color, and promoted
and reinforced housing segregation. Federal policies contributed to
mortgage redlining and lending discrimination against persons of color.
The creation of the Interstate Highway System, funded and constructed by
the Federal Government and State governments in the 20th century,
disproportionately burdened many historically Black and low-income
neighborhoods in many American cities. Many urban interstate highways
were deliberately built to pass through Black neighborhoods, often
requiring the destruction of housing and other local institutions. To
this day, many Black neighborhoods are disconnected from access to high-
quality housing, jobs, public transit, and other resources.
The Federal Government must recognize and acknowledge its role in
systematically declining to invest in communities of color and
preventing residents of those communities from accessing the same
services and resources as their white counterparts. The effects of these
policy decisions continue to be felt today, as racial inequality still
permeates land-use patterns in most U.S. cities and virtually all
aspects of housing markets.
The Congress enacted the Fair Housing Act more than 50 years ago to lift
barriers that created separate and unequal neighborhoods on the basis of
race, ethnicity, and national origin. Since then, however, access to
housing and the creation of wealth through homeownership have remained
persistently unequal in the United States. Many neighborhoods are as
racially segregated today as they were in the middle of the 20th
century. People of color are overrepresented among those experiencing
homelessness. In addition, people of color disproportionately bear the
burdens of exposure to air and water pollution, and growing risks of
housing instability from climate crises like extreme heat, flooding, and
wildfires. And the racial wealth gap is wider than it was when the Fair
Housing Act was enacted, driven in part by persistent disparities in
access to homeownership. Although Federal fair housing laws were
expanded to include protections for individuals with disabilities, a
lack of access to affordable and integrated living options remains a
significant problem.
The Federal Government has a critical role to play in overcoming and
redressing this history of discrimination and in protecting against
other forms of discrimination by applying and enforcing Federal civil
rights and fair housing laws. It can help ensure that fair and equal
access to housing opportunity exists for all throughout the United
States. This goal is consistent with the Fair Housing Act, which imposes
on Federal departments and agencies the duty to ``administer their
programs and activities relating to housing and urban development . . .
in a manner affirmatively to further'' fair housing (42 U.S.C. 3608(d)).
This is not only a mandate to refrain from discrimination but a mandate
to take actions that undo historic patterns of segregation and other
types of discrimination and that afford access to long-denied
opportunities.
[[Page 755]]
Accordingly, it is the policy of my Administration that the Federal
Government shall work with communities to end housing discrimination, to
provide redress to those who have experienced housing discrimination, to
eliminate racial bias and other forms of discrimination in all stages of
home-buying and renting, to lift barriers that restrict housing and
neighborhood choice, to promote diverse and inclusive communities, to
ensure sufficient physically accessible housing, and to secure equal
access to housing opportunity for all.
Sec. 2. Examining Recent Regulatory Actions. The Secretary of Housing
and Urban Development (HUD) shall, as soon as practicable, take all
steps necessary to examine the effects of the August 7, 2020, rule
entitled ``Preserving Community and Neighborhood Choice'' (codified at
parts 5, 91, 92, 570, 574, 576, and 903 of title 24, Code of Federal
Regulations), including the effect that repealing the July 16, 2015,
rule entitled ``Affirmatively Furthering Fair Housing'' has had on HUD's
statutory duty to affirmatively further fair housing. The Secretary
shall also, as soon as practicable, take all steps necessary to examine
the effects of the September 24, 2020, rule entitled ``HUD's
Implementation of the Fair Housing Act's Disparate Impact Standard''
(codified at part 100 of title 24, Code of Federal Regulations),
including the effect that amending the February 15, 2013, rule entitled
``Implementation of the Fair Housing Act's Discriminatory Effects
Standard'' has had on HUD's statutory duty to ensure compliance with the
Fair Housing Act. Based on that examination, the Secretary shall take
any necessary steps, as appropriate and consistent with applicable law,
to implement the Fair Housing Act's requirements that HUD administer its
programs in a manner that affirmatively furthers fair housing and HUD's
overall duty to administer the Act (42 U.S.C. 3608(a)) including by
preventing practices with an unjustified discriminatory effect.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) You are authorized and directed to publish this memorandum in
the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 26, 2021.
[[Page 756]]
Memorandum of January 26, 2021
Tribal Consultation and Strengthening Nation-to-Nation Relationships
Memorandum for the Heads of Executive Departments and Agencies
American Indian and Alaska Native Tribal Nations are sovereign
governments recognized under the Constitution of the United States,
treaties, statutes, Executive Orders, and court decisions. It is a
priority of my Administration to make respect for Tribal sovereignty and
self-governance, commitment to fulfilling Federal trust and treaty
responsibilities to Tribal Nations, and regular, meaningful, and robust
consultation with Tribal Nations cornerstones of Federal Indian policy.
The United States has made solemn promises to Tribal Nations for more
than two centuries. Honoring those commitments is particularly vital
now, as our Nation faces crises related to health, the economy, racial
justice, and climate change--all of which disproportionately harm Native
Americans. History demonstrates that we best serve Native American
people when Tribal governments are empowered to lead their communities,
and when Federal officials speak with and listen to Tribal leaders in
formulating Federal policy that affects Tribal Nations.
To this end, Executive Order 13175 of November 6, 2000 (Consultation and
Coordination With Indian Tribal Governments), charges all executive
departments and agencies with engaging in regular, meaningful, and
robust consultation with Tribal officials in the development of Federal
policies that have Tribal implications. Tribal consultation under this
order strengthens the Nation-to-Nation relationship between the United
States and Tribal Nations. The Presidential Memorandum of November 5,
2009 (Tribal Consultation), requires each agency to prepare and
periodically update a detailed plan of action to implement the policies
and directives of Executive Order 13175. This memorandum reaffirms the
policy announced in that memorandum.
Section 1. Consultation. My Administration is committed to honoring
Tribal sovereignty and including Tribal voices in policy deliberation
that affects Tribal communities. The Federal Government has much to
learn from Tribal Nations and strong communication is fundamental to a
constructive relationship. Accordingly, I hereby direct as follows:
(a) The head of each agency shall submit to the Director of the
Office of Management and Budget (OMB), within 90 days of the date of
this memorandum, a detailed plan of actions the agency will take to
implement the policies and directives of Executive Order 13175. The plan
shall be developed after consultation by the agency with Tribal Nations
and Tribal officials as defined in Executive Order 13175.
(b) Each agency's plan and subsequent reports shall designate an
appropriate agency official to coordinate implementation of the plan and
preparation of progress reports required by this memorandum. These
officials shall submit reports to the Assistant to the President for
Domestic Policy (APDP) and the Director of OMB, who will review agency
plans and subsequent reports for consistency with the policies and
directives of Executive Order 13175.
[[Page 757]]
(c) The head of each agency shall submit to the Director of OMB,
within 270 days of the date of this memorandum, and annually thereafter,
a progress report on the status of each action included in the agency's
plan, together with any proposed updates to its plan.
(d) The Director of OMB, in coordination with the APDP, shall submit
to the President, within 1 year from the date of this memorandum, a
report on the implementation of Executive Order 13175 across the
executive branch based on the review of agency plans and progress
reports. Recommendations for improving the plans and making the Tribal
consultation process more effective, if any, should be included in this
report.
Sec. 2. Definitions. The terms ``Tribal officials,'' ``policies that
have Tribal implications,'' and ``agency'' as used in this memorandum
are as defined in Executive Order 13175.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
Sec. 4. Publication. The Director of OMB is authorized and directed to
publish this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 26, 2021.
Memorandum of January 27, 2021
Restoring Trust in Government Through Scientific Integrity and Evidence-
Based Policymaking
Memorandum for the Heads of Executive Departments and Agencies
It is the policy of my Administration to make evidence-based decisions
guided by the best available science and data. Scientific and
technological information, data, and evidence are central to the
development and iterative improvement of sound policies, and to the
delivery of equitable programs, across every area of government.
Scientific findings should never be distorted or influenced by political
considerations. When scientific or technological information is
considered in policy decisions, it should be
[[Page 758]]
subjected to well-established scientific processes, including peer
review where feasible and appropriate, with appropriate protections for
privacy. Improper political interference in the work of Federal
scientists or other scientists who support the work of the Federal
Government and in the communication of scientific facts undermines the
welfare of the Nation, contributes to systemic inequities and
injustices, and violates the trust that the public places in government
to best serve its collective interests.
This memorandum reaffirms and builds on the Presidential Memorandum of
March 9, 2009 (Scientific Integrity), and the Director of the Office of
Science and Technology Policy's Memorandum of December 17, 2010
(Scientific Integrity).
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I direct as follows:
Section 1. Role of the Director of the Office of Science and Technology
Policy. The Director of the Office of Science and Technology Policy
(Director) shall ensure the highest level of integrity in all aspects of
executive branch involvement with scientific and technological
processes. This responsibility shall include ensuring that executive
departments and agencies (agencies) establish and enforce scientific-
integrity policies that ban improper political interference in the
conduct of scientific research and in the collection of scientific or
technological data, and that prevent the suppression or distortion of
scientific or technological findings, data, information, conclusions, or
technical results. In implementing this memorandum, the Director shall,
as appropriate, convene and confer with the heads of agencies and with
personnel within the offices of the Executive Office of the President,
including the Office of Management and Budget.
Sec. 2. Task Force on Scientific Integrity. (a) The Director shall
convene an interagency task force (the ``Task Force'') of the National
Science and Technology Council (NSTC) to conduct a thorough review of
the effectiveness of agency scientific-integrity policies developed
since the issuance of the Presidential Memorandum of March 9, 2009.
(b) The Task Force shall complete its review within 120 days of the
date of the appointment of its members, and shall take the following
actions when completing its review.
(i) The Task Force shall ensure its review considers whether existing
Federal scientific-integrity policies prevent improper political
interference in the conduct of scientific research and the collection of
scientific or technological data; prevent the suppression or distortion of
scientific or technological findings, data, information, conclusions, or
technical results; support scientists and researchers of all genders,
races, ethnicities, and backgrounds; and advance the equitable delivery of
the Federal Government's programs.
(ii) The Task Force's review shall include an analysis of any instances in
which existing scientific-integrity policies have not been followed or
enforced, including whether such deviations from existing policies have
resulted in improper political interference in the conduct of scientific
research and the collection of scientific or technological data; led to the
suppression or distortion of scientific or technological findings, data,
information, conclusions, or technical results; disproportionately harmed
Federal scientists and researchers from groups that are historically
[[Page 759]]
underrepresented in science, technology, and related fields; or impeded the
equitable delivery of the Federal Government's programs. The scope of this
review shall include the work of scientific and technological advisory
committees, boards, and similar bodies. The existing policies examined by
this review shall include those issued pursuant to the Presidential
Memorandum of March 9, 2009, and the Director's Memorandum of December 17,
2010; any other scientific-integrity policies published on agency websites;
and commonly accepted scientific-integrity practices.
(iii) The Task Force shall identify effective practices regarding
engagement of Federal scientists, as well as contractors working on
scientific matters for agencies, with news media and on social media;
effective policies that protect scientific independence during clearance
and review, and that avoid improper political interference in research or
data collection; effective approaches for handling any disagreements about
scientific methods and conclusions; effective reporting practices that
promote transparency in the implementation of agency scientific-integrity
policies and in the handling of any allegations of misconduct; effective
practices for educating and informing employees and contractors of their
rights and responsibilities related to agency scientific-integrity
policies; promising opportunities to address gaps in current scientific-
integrity policies related to emerging technologies, such as artificial
intelligence and machine-learning, and evolving scientific practices, such
as citizen science and community-engaged research; effective approaches to
minimizing conflicts of interest in Federal Government science; and
policies that support the professional development of Federal scientists in
accordance with, and building on, section IV of the Director's Memorandum
of December 17, 2010.
(iv) To inform the review, the Task Force shall gather input from
stakeholders and the public regarding scientific-integrity practices. The
Task Force shall consider obtaining such input through various means, which
may include holding a virtual stakeholder summit hosted by the Office of
Science and Technology Policy (OSTP), issuing a public request for
information, and conducting a virtual listening tour or open forums.
(v) Upon the conclusion of its review, the Director shall publish a report
on the OSTP website synthesizing the Task Force's findings. The report
shall include a description of agencies' strengths and weaknesses regarding
scientific-integrity policies, as well as a description of best practices
and lessons learned.
(c) Within 120 days of the publication of the Task Force's initial
120-day review of existing scientific-integrity policies, the Task Force
shall develop a framework to inform and support the regular assessment
and iterative improvement of agency scientific-integrity policies and
practices, to support the Director and OSTP in ensuring that agencies
adhere to the principles of scientific integrity. This framework shall
include assessment criteria that OSTP and agencies can use to inform,
review, and improve the design and implementation of agency scientific-
integrity policies. The Director shall publish this framework on the
OSTP website.
Sec. 3. Agency Scientific-Integrity Policies. (a) Heads of agencies
shall ensure that all agency activities associated with scientific and
technological processes are conducted in accordance with the 6
principles set forth in section 1 of the Presidential Memorandum of
March 9, 2009, and the 4
[[Page 760]]
foundations of scientific integrity in government set forth in part I of
the Director's Memorandum of December 17, 2010.
(b) Heads of agencies shall ensure that their agency scientific-
integrity policies reflect the findings in the Task Force report
produced under section (2)(b)(v) of this memorandum and apply to all
agency employees, regardless of the nature of their appointment, as well
as contractors who perform scientific activities for agencies. Heads of
agencies shall coordinate with the Director in the development,
updating, and implementation of any agency-specific policies or
procedures deemed necessary to ensure the integrity of scientific
decision-making. The following time frames shall apply when completing
the activities described in this subsection:
(i) The head of each agency with an existing scientific-integrity policy
shall submit an updated policy to the Director within 180 days of the
publication of the Task Force's report.
(ii) The head of each agency without an existing scientific-integrity
policy shall submit a draft agency scientific-integrity policy to the
Director within 180 days of the publication of the Task Force's report.
(iii) The Director shall expeditiously review scientific-integrity policies
submitted by the agencies to ensure that the policies respond to the Task
Force's analysis, adhere to the policy directives in this memorandum, and
uphold the highest standards of scientific practice.
(iv) The Director shall notify agencies of any deficiencies in the
scientific-integrity policies and collaborate with agencies to
expeditiously correct those deficiencies.
(c) In implementing this section, heads of agencies shall:
(i) Provide the Director with any information the Director deems necessary
to conduct the Director's duties under this memorandum;
(ii) Publish the agency's scientific-integrity policy on the agency's
website, and disseminate information about the policy through the agency's
social media channels;
(iii) Develop and publish procedures, as appropriate and consistent with
applicable law, for implementing the agency's scientific-integrity policy,
including establishing and publishing an administrative process for
reporting, investigating, and appealing allegations of deviations from the
agency's policy, and for resolving any disputes or disagreements about
scientific methods and conclusions;
(iv) Review and, as needed, update within 60 days of the date of this
memorandum any website content, and within 300 days of the date of this
memorandum any agency reports, data, and other agency materials issued or
published since January 20, 2017, that are inconsistent with the principles
set forth in this memorandum and that remain in use by the agency or its
stakeholders;
(v) Educate agency employees, as well as contractors who perform scientific
activities for the agency, on their rights and responsibilities related to
scientific integrity, including by conducting routine training on the
agency's scientific-integrity policy for all employees, and by ensuring any
new employees are made aware of their responsibilities under the agency's
scientific-integrity policy shortly after they are hired; and
[[Page 761]]
(vi) Publish, consistent with any requirements related to national security
and privacy, as well as any other applicable law, an annual report on the
agency's website that includes the number of administrative investigations
and appeals involving alleged deviations from the agency's scientific-
integrity policies, as described in section (3)(c)(iii) of this memorandum,
for the year covered by the report, and the number of investigations and
appeals pending from years prior to the year covered by the report, if any.
Sec. 4. Publication of Scientific-Integrity Policies and Ongoing
Biennial Reporting. (a) The Director shall publish on the OSTP website,
and disseminate via social media, information about this memorandum,
related OSTP and NSTC reports on scientific integrity, and links to the
scientific-integrity policies posted on agency websites, to ensure such
information and policies can be easily accessed by the public.
(b) The Director shall publish on the OSTP website, and disseminate
via social media, a biennial report on the status of the implementation
of this memorandum across the executive branch. This report shall
include a review of the impact on scientific integrity of diversity,
equity, and inclusion practices related to the Federal scientific and
engineering workforce and scientific Federal advisory committees.
Sec. 5. Evidence-Based Policymaking. (a) Heads of agencies shall ensure
that the scientific-integrity policies of their agencies consider,
supplement, and support their plans for forming evidence-based policies,
including the evidence-building plans required by 5 U.S.C. 312(a) and
the annual evaluation plans required by 5 U.S.C. 312(b).
(b) Within 120 days of the date of this memorandum, after
consultation with the Director, the Director of the Office of Management
and Budget (OMB) shall issue guidance to improve agencies' evidence-
building plans and annual evaluation plans. Specifically, the Director
of OMB shall consider whether, consistent with, and building upon,
Executive Order 13707 of September 15, 2015 (Using Behavioral Science
Insights to Better Serve the American People), agencies' evidence-
building plans and annual evaluation plans shall include a broad set of
methodological approaches for the evidence-based and iterative
development and the equitable delivery of policies, programs, and agency
operations. Relevant approaches might include use of pilot projects,
randomized control trials, quantitative-survey research and statistical
analysis, qualitative research, ethnography, research based on data
linkages in which records from two or more datasets that refer to the
same entity are joined, well-established processes for community
engagement and inclusion in research, and other approaches that may be
informed by the social and behavioral sciences and data science.
(c) The statutory positions required to be designated by agencies by
the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law
115-435), which include the Evaluation Officer, the Chief Data Officer,
and a senior statistical official, shall incorporate scientific-
integrity principles consistent with this memorandum into agencies' data
governance and evaluation approaches. Similarly, the Chief Data Officers
Council shall incorporate scientific-integrity principles consistent
with this memorandum into its efforts to establish government-wide best
practices for the use, protection, dissemination, and generation of
data, and both the Chief Data Officers Council and the Evaluation
Officer Council shall identify ways in
[[Page 762]]
which agencies can improve upon the production of evidence for use in
policymaking.
(d) Consistent with the provisions of the Foundations for Evidence-
Based Policymaking Act of 2018, heads of agencies shall, as appropriate
and consistent with applicable law, expand open and secure access to
Federal data routinely collected in the course of administering Federal,
State, local, Tribal, or territorial government programs or fulfilling
Federal, State, local, Tribal, or territorial government mandates, such
as tax data, vital records, other statistical data, and Social Security
Administration earnings and employment reports, to ensure governmental
and non-governmental researchers can use Federal data to assess and
evaluate the effectiveness and equitable delivery of policies and to
suggest improvements. In implementing this provision, heads of agencies
shall:
(i) Make these data available by default in a machine-readable format and
in a manner that protects privacy and confidential or classified
information, and any other information protected from disclosure by law;
(ii) Publish an agency data plan that provides a consistent framework for
data stewardship, use, and access. If publishing such a plan is not
feasible, then the head of the agency shall publish guidelines outlining
how the data were collected, metadata on data use, any limitations on data
use, and ways for researchers to provide feedback on data shared;
(iii) Follow the mandates of the Information Quality Act (section 515 of
Public Law 106-554) in assessing and making available to researchers
information on the quality of the data being provided; and
(iv) Where possible, provide such data disaggregated by gender, race,
ethnicity, age, income, and other demographic factors that support
researchers in understanding the effects of policies and programs on equity
and justice.
(e) The Director of OMB shall review whether guidance to agencies on
implementation of the Information Quality Act needs to be updated and
reissued.
(f) Heads of agencies shall review and expeditiously update any
agency policies, processes, and practices issued or published since
January 20, 2017, that prevent the best available science and data from
informing the agency's evidence-based and iterative development and
equitable delivery of policies and programs.
Sec. 6. Agency Chief Science Officers and Scientific Integrity
Officials. (a) Within 120 days of the date of this memorandum, the heads
of agencies that fund, conduct, or oversee scientific research shall, to
the extent consistent with applicable law, designate a senior agency
employee for the role of chief science officer, science advisor, or
chief scientist (``Chief Science Officer''), who shall:
(i) Serve as the principal advisor to the head of the agency on scientific
issues and ensure that the agency's research programs are scientifically
and technologically well-founded and conducted with integrity; and
(ii) Oversee the implementation and iterative improvement of policies and
processes affecting the integrity of research funded, conducted, or
overseen by the agency, as well as policies affecting the Federal and non-
[[Page 763]]
Federal scientists who support the research activities of the agency,
including scientific-integrity policies consistent with the provisions of
this memorandum.
(b) Because science, facts, and evidence are vital to addressing
policy and programmatic issues across the Federal Government, the heads
of all agencies (not only those that fund, conduct, or oversee
scientific research) shall designate expeditiously a senior career
employee as the agency's lead scientific-integrity official
(``Scientific Integrity Official'') to oversee implementation and
iterative improvement of scientific-integrity policies and processes
consistent with the provisions of this memorandum, including
implementation of the administrative and dispute resolution processes
described in section (3)(c)(iii) of this memorandum. For agencies with a
Chief Science Officer, the Scientific Integrity Official shall report to
the Chief Science Officer on all matters involving scientific-integrity
policies.
(c) To the extent necessary to fully implement the provisions of
this memorandum, heads of agencies may designate additional scientific-
integrity points of contact in different offices and components, who
shall coordinate with the agency's Scientific Integrity Official in
implementing the agency's scientific-integrity policies and processes.
(d) Heads of agencies should ensure those designated to serve in the
roles described in this section, along with their respective staffs, are
selected based on their scientific and technological knowledge, skills,
experience, and integrity, including experience conducting and
overseeing scientific research and utilizing scientific and
technological information and data in agency decision-making,
prioritizing experience with evidence-based, equitable, inclusive, and
participatory practices and structures for the conduct of scientific
research and the communication of scientific results.
(e) The Director or a designee of the Director shall regularly
convene Chief Science Officers and Scientific Integrity Officials to
encourage the discussion and expansion of effective scientific-integrity
policies and practices among agencies.
Sec. 7. Scientific Advisory Committees. (a) Within 90 days of the date
of this memorandum, heads of agencies shall review their current and
future needs for independent scientific and technological advice from
Federal advisory committees, commissions, and boards. The review should
include an evaluation of those advisory bodies established by law, and
should consider both current and anticipated needs.
(b) This review shall assess which Federal scientific and
technological advisory committees should be rechartered or recreated to
ensure that relevant and highly qualified external experts, with proper
safeguards against conflicts of interest, can contribute to critical
Federal regulations and other agency actions and decision-making. The
review shall also identify any agency policies, processes, or practices
that may currently prevent or inhibit relevant and highly qualified
external experts from serving on such committees.
(c) In conducting this review, heads of agencies shall take steps to
review the membership of scientific and technological advisory
committees and, as appropriate and consistent with applicable law,
ensure that members and future nominees reflect the diversity of America
in terms of gender, race,
[[Page 764]]
ethnicity, geography, and other characteristics; represent a variety of
backgrounds, areas of expertise, and experiences; provide well-rounded
and expert advice to agencies; and are selected based on their
scientific and technological knowledge, skills, experience, and
integrity, including prioritization of experience with evidence-based,
equitable, inclusive, and participatory practices and structures for the
conduct of scientific research and the communication of scientific
results.
(d) Upon completion of their 90-day review, heads of agencies shall
provide a summary report to the Director and the Director of OMB with
recommendations on which Federal scientific and technological advisory
committees should be rechartered or recreated in accordance with
subsection (b) of this section; which scientific and technological
advisory committees should be prioritized for membership appointments to
ensure they provide well-rounded and expert advice reflecting diverse
perspectives, in accordance with subsection (c) of this section; and
which agency policies, processes, or practices, if any, should be
updated to encourage relevant and highly qualified external experts to
serve on such committees.
Sec. 8. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum 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.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 27, 2021.
Memorandum of January 28, 2021
Protecting Women's Health at Home and Abroad
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the
Secretary of Health and Human Services[, and] the Administrator of the
United States Agency for International Development
Section 1. Policy. Women should have access to the healthcare they need.
For too many women today, both at home and abroad, that is not possible.
Undue restrictions on the use of Federal funds have made it harder for
women to obtain necessary healthcare. The Federal Government must take
[[Page 765]]
action to ensure that women at home and around the world are able to
access complete medical information, including with respect to their
reproductive health.
In the United States, Title X of the Public Health Services Act (42
U.S.C. 300 to 300a-6) provides Federal funding for family planning
services that primarily benefit low-income patients. The Act specifies
that Title X funds may not be used in programs where abortion is a
method of family planning, but places no further abortion-related
restrictions on recipients of Title X funds. See 42 U.S.C. 300a-6. In
2019, the Secretary of Health and Human Services finalized changes to
regulations governing the Title X program and issued a final rule
entitled ``Compliance With Statutory Program Integrity Requirements,''
84 FR 7714 (Mar. 4, 2019) (Title X Rule), which prohibits recipients of
Title X funds from referring patients to abortion providers and imposes
other onerous requirements on abortion providers. The Title X Rule has
caused the termination of Federal family planning funding for many
women's healthcare providers and puts women's health at risk by making
it harder for women to receive complete medical information.
It is the policy of my Administration to support women's and girls'
sexual and reproductive health and rights in the United States, as well
as globally. The Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)),
prohibits nongovernmental organizations (NGOs) that receive Federal
funds from using those funds ``to pay for the performance of abortions
as a method of family planning, or to motivate or coerce any person to
practice abortions.'' The August 1984 announcement by President Reagan
of what has become known as the ``Mexico City Policy'' directed the
United States Agency for International Development (USAID) to expand
this limitation and withhold USAID family planning funds from NGOs that
use non-USAID funds to perform abortions, provide advice, counseling, or
information regarding abortion, or lobby a foreign government to
legalize abortion or make abortion services more easily available. These
restrictions were rescinded by President Clinton in 1993, reinstated by
President George W. Bush in 2001, and rescinded by President Obama in
2009. President Trump substantially expanded these restrictions by
applying the policy to global health assistance provided by all
executive departments and agencies (agencies). These excessive
conditions on foreign and development assistance undermine the United
States' efforts to advance gender equality globally by restricting our
ability to support women's health and programs that prevent and respond
to gender-based violence. The expansion of the policy has also affected
all other areas of global health assistance, limiting the United States'
ability to work with local partners around the world and inhibiting
their efforts to confront serious health challenges such as HIV/AIDS,
tuberculosis, and malaria, among others. Such restrictions on global
health assistance are particularly harmful in light of the coronavirus
disease 2019 (COVID-19) pandemic. Accordingly, I hereby order as
follows:
Sec. 2. Agency Revocations and Other Actions. (a) The Secretary of
Health and Human Services shall review the Title X Rule and any other
regulations governing the Title X program that impose undue restrictions
on the use of Federal funds or women's access to complete medical
information and shall consider, as soon as practicable, whether to
suspend, revise, or rescind, or publish for notice and comment proposed
rules suspending, revising, or rescinding, those regulations, consistent
with applicable law, including the Administrative Procedure Act.
[[Page 766]]
(b) The Presidential Memorandum of January 23, 2017 (The Mexico City
Policy), is revoked.
(c) The Secretary of State, the Secretary of Defense, the Secretary
of Health and Human Services, the Administrator of USAID, and
appropriate officials at all other agencies involved in foreign
assistance shall take all steps necessary to implement this memorandum,
as appropriate and consistent with applicable law. This shall include
the following actions with respect to conditions in assistance awards
that were imposed pursuant to the January 2017 Presidential Memorandum
and that are not required by the Foreign Assistance Act or any other
law:
(i) immediately waive such conditions in any current grants;
(ii) notify current grantees, as soon as possible, that these conditions
have been waived; and
(iii) immediately cease imposing these conditions in any future assistance
awards.
(d) The Secretary of State, the Secretary of Defense, the Secretary
of Health and Human Services, and the Administrator of USAID, as
appropriate and consistent with applicable law, shall suspend, revise,
or rescind any regulations, orders, guidance documents, policies, and
any other similar agency actions that were issued pursuant to the
January 2017 Presidential Memorandum.
(e) The Secretary of State and the Secretary of Health and Human
Services, in a timely and appropriate manner, shall withdraw co-
sponsorship and signature from the Geneva Consensus Declaration
(Declaration) and notify other co-sponsors and signatories to the
Declaration and other appropriate parties of the United States'
withdrawal.
(f) The Secretary of State, consistent with applicable law and
subject to the availability of appropriations, shall:
(i) take the steps necessary to resume funding to the United Nations
Population Fund; and
(ii) work with the Administrator of USAID and across United States
Government foreign assistance programs to ensure that adequate funds are
being directed to support women's health needs globally, including sexual
and reproductive health and reproductive rights.
(g) The Secretary of State, in coordination with the Secretary of
Health and Human Services, shall provide guidance to agencies consistent
with this memorandum.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any
[[Page 767]]
party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
(d) The Secretary of State is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, January 28, 2021.
Memorandum of February 2, 2021
Maximizing Assistance From the Federal Emergency Management Agency To
Respond to COVID-19
Memorandum for the Secretary of Homeland Security [and] the
Administrator of the Federal Emergency Management Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the
``Stafford Act''), I hereby order as follows:
Section 1. Policy. Consistent with the nationwide emergency declaration
concerning the coronavirus disease 2019 (COVID-19) pandemic on March 13,
2020, it is the policy of my Administration to combat and respond to
COVID-19 with the full capacity and capability of the Federal Government
to protect and support our families, schools, and businesses, and to
assist State, local, Tribal, and territorial governments to do the same,
including through emergency and disaster assistance available from the
Federal Emergency Management Agency (FEMA).
Sec. 2. Assistance for Category B COVID-19 Emergency Protective
Measures. (a) FEMA shall provide a 100 percent Federal cost share for
all work eligible for assistance under Public Assistance Category B,
pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and
503 (42 U.S.C. 5193) of the Stafford Act, including that authorized by
section 3(a) of my memorandum of January 21, 2021 (Memorandum to Extend
Federal Support to Governors' Use of the National Guard to Respond to
COVID-19 and to Increase Reimbursement and Other Assistance Provided to
States), performed from January 21, 2021, through September 30, 2021.
(b) FEMA shall provide a 100 percent Federal cost share for all work
eligible for assistance under Public Assistance Category B, pursuant to
sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C.
5193) of the Stafford Act, but not including that authorized by section
3(a) of my memorandum of January 21, 2021, performed from January 20,
2020, through January 20, 2021.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
[[Page 768]]
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Administrator of FEMA is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, February 2, 2021.
National Security Memorandum/NSM-4 of February 4, 2021
Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender,
Queer, and Intersex Persons Around the World
Memorandum for the Secretary of State[,] the Secretary of the
Treasury[,] the Secretary of Defense[,] the Attorney General[,] the
Secretary of Agriculture[,] the Secretary of Commerce[,] the Secretary
of Labor[,] the Secretary of Health and Human Services[,] the Secretary
of Homeland Security[,] the United States Trade Representative[,] the
Assistant to the President for National Security Affairs[,] the
Assistant to the President and Counsel to the President[,] the
Administrator of the United States Agency for International
Development[, and] the Chief Executive Officer, Millennium Challenge
Corporation
This memorandum reaffirms and supplements the principles established in
the Presidential Memorandum of December 6, 2011 (International
Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and
Transgender Persons). That memorandum, for the first time, directed
agencies engaged abroad to ensure that U.S. diplomacy and foreign
assistance promote and protect the human rights of lesbian, gay,
bisexual, and transgender persons everywhere. This memorandum builds
upon that historic legacy and updates the 2011 Memorandum.
All human beings should be treated with respect and dignity and should
be able to live without fear no matter who they are or whom they love.
Around the globe, including here at home, brave lesbian, gay, bisexual,
transgender, queer, and intersex (LGBTQI+) activists are fighting for
equal protection under the law, freedom from violence, and recognition
of their fundamental human rights.
[[Page 769]]
The United States belongs at the forefront of this struggle--speaking
out and standing strong for our most dearly held values. It shall be the
policy of the United States to pursue an end to discrimination on the
basis of sexual orientation, gender identity or expression, or sex
characteristics, and to lead by the power of our example in the cause of
advancing the human rights of LGBTQI+ persons around the world.
By this memorandum I am directing all agencies engaged abroad to ensure
that U.S. diplomacy and foreign assistance promote and protect the human
rights of LGBTQI+ persons. Specifically, I direct the following actions,
consistent with applicable law:
Section 1. Combating Criminalization of LGBTQI+ Status or Conduct
Abroad. Agencies engaged abroad are directed to strengthen existing
efforts to combat the criminalization by foreign governments of LGBTQI+
status or conduct and expand efforts to combat discrimination,
homophobia, transphobia, and intolerance on the basis of LGBTQI+ status
or conduct. The Department of State shall, on an annual basis and as
part of the annual report submitted to the Congress pursuant to sections
116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d) and 2304(b)), report on human rights abuses experienced by
LGBTQI+ persons globally. This reporting shall include anti-LGBTQI+ laws
as well as discrimination and violence committed by both state and non-
state actors against LGBTQI+ persons.
Sec. 2. Protecting Vulnerable LGBTQI+ Refugees and Asylum Seekers.
LGBTQI+ persons who seek refuge from violence and persecution face
daunting challenges. In order to improve protection for LGBTQI+ refugees
and asylum seekers at all stages of displacement, the Departments of
State and Homeland Security shall enhance their ongoing efforts to
ensure that LGBTQI+ refugees and asylum seekers have equal access to
protection and assistance, particularly in countries of first asylum. In
addition, the Departments of State, Justice, and Homeland Security shall
ensure appropriate training is in place so that relevant federal
government personnel and key partners can effectively identify and
respond to the particular needs of LGBTQI+ refugees and asylum seekers,
including by providing to them adequate assistance and ensuring that the
Federal Government takes all appropriate steps, such as potential
increased use of Embassy Priority-1 referrals, to identify and expedite
resettlement of highly vulnerable persons with urgent protection needs.
Sec. 3. Foreign Assistance to Protect Human Rights and Advance
Nondiscrimination. Agencies involved with foreign aid, assistance, and
development programs shall enhance their ongoing efforts to ensure
regular federal government engagement with governments, citizens, civil
society, and the private sector in order to build respect for the human
rights of LGBTQI+ persons and combat discrimination. Agencies involved
with foreign aid, assistance, and development programs should consider
the impact of programs funded by the federal government on human rights,
including the rights of LGBTQI+ persons, when making funding decisions,
as appropriate and consistent with applicable law.
Sec. 4. Swift and Meaningful U.S. Responses to Human Rights Abuses of
LGBTQI+ Persons Abroad. The Department of State shall lead a standing
group, with appropriate interagency representation, to help ensure the
federal government's swift and meaningful response to serious incidents
that
[[Page 770]]
threaten the human rights of LGBTQI+ persons abroad. When foreign
governments move to restrict the rights of LGBTQI+ persons or fail to
enforce legal protections in place, thereby contributing to a climate of
intolerance, agencies engaged abroad shall consider appropriate
responses, including using the full range of diplomatic tools and, as
appropriate, sanctions, visa bans, and other actions.
Sec. 5. Building Coalitions of Like-Minded Nations and Engaging
International Organizations in the Fight Against LGBTQI+ Discrimination.
Bilateral relationships with allies and partners, as well as
multilateral fora and international organizations, are key vehicles to
promote respect for and protection of the human rights of LGBTQI+
persons and to bring global attention to these goals. Agencies engaged
abroad should strengthen the work they have done and initiate additional
efforts with other nations, bilaterally and within multilateral fora and
international organizations, to: counter discrimination on the basis of
LGBTQI+ status or conduct; broaden the number of countries willing to
support and defend the human rights of LGBTQI+ persons; strengthen the
role, including in multilateral fora, of civil society advocates on
behalf of the human rights of LGBTQI+ persons; and strengthen the
policies and programming of multilateral institutions, including with
respect to protecting vulnerable LGBTQI+ refugees and asylum seekers.
Sec. 6. Rescinding Inconsistent Policies and Reporting on Progress.
Within 100 days of the date of this memorandum or as soon as possible
thereafter, all agencies engaged abroad shall review and, as appropriate
and consistent with applicable law, take steps to rescind any
directives, orders, regulations, policies, or guidance inconsistent with
this memorandum, including those issued from January 20, 2017, to
January 20, 2021, to the extent that they are inconsistent with this
memorandum. The heads of such agencies shall also, within 100 days of
the date of this memorandum, report to the President on their progress
in implementing this memorandum and recommend additional opportunities
and actions to advance the human rights of LGBTQI+ persons around the
world. Agencies engaged abroad shall each prepare a report within 180
days of the date of this memorandum, and annually thereafter, on their
progress toward advancing these initiatives. All such agencies shall
submit these reports to the Department of State, which will compile a
report on the federal government's progress in advancing these
initiatives for transmittal to the President. The Department of State
shall make a version of the compiled annual report available to the
Members of the Congress and the public.
Sec. 7. Definitions. (a) For the purposes of this memorandum, agencies
engaged abroad include the Departments of State, the Treasury, Defense,
Justice, Agriculture, Commerce, Labor, Health and Human Services, and
Homeland Security, the United States Agency for International
Development (USAID), the United States International Development Finance
Corporation (DFC), the Millennium Challenge Corporation, the Export-
Import Bank of the United States, the Office of the United States Trade
Representative, and such other agencies as the President may designate.
(b) For the purposes of this memorandum, agencies involved with
foreign aid, assistance, and development programs include the
Departments of State, the Treasury, Defense, Justice, Agriculture,
Commerce, Labor, Health and Human Services, and Homeland Security,
USAID, DFC, the Millennium Challenge Corporation, the Export-Import Bank
of the United States,
[[Page 771]]
the Office of the United States Trade Representative, and such other
agencies as the President may designate.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed
to impair, or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of State is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, February 4, 2021.
Notice of February 11, 2021
Continuation of the National Emergency With Respect to Libya
On February 25, 2011, by Executive Order 13566, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the actions of Colonel Muammar Qadhafi, his
government, and close associates, which took extreme measures against
the people of Libya, including by using weapons of war, mercenaries, and
wanton violence against unarmed civilians. In addition, there was a
serious risk that Libyan state assets would be misappropriated by
Qadhafi, members of his government, members of his family, or his close
associates if those assets were not protected. The foregoing
circumstances, the prolonged attacks, and the increased numbers of
Libyans seeking refuge in other countries from the attacks caused a
deterioration in the security of Libya and posed a serious risk to its
stability.
The situation in Libya continues to pose an unusual and extraordinary
threat to the national security and foreign policy of the United States,
and measures are needed to protect against the diversion of assets or
other abuses by members of Qadhafi's family, their associates, and other
persons hindering Libyan national reconciliation.
[[Page 772]]
For this reason, the national emergency declared on February 25, 2011,
must continue in effect beyond February 25, 2021. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency
declared in Executive Order 13566.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 11, 2021.
Notice of February 24, 2021
Continuation of the National Emergency Concerning the Coronavirus
Disease 2019 (COVID-19) Pandemic
On March 13, 2020, by Proclamation 9994, the President declared a
national emergency concerning the coronavirus disease 2019 (COVID-19)
pandemic. The COVID-19 pandemic continues to cause significant risk to
the public health and safety of the Nation.
For this reason, the national emergency declared on March 13, 2020, and
beginning March 1, 2020, must continue in effect beyond March 1, 2021.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing the national emergency declared
in Proclamation 9994 concerning the COVID-19 pandemic.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 24, 2021.
Notice of February 24, 2021
Continuation of the National Emergency With Respect to Cuba and of the
Emergency Authority Relating to the Regulation of the Anchorage and
Movement of Vessels
On March 1, 1996, by Proclamation 6867, a national emergency was
declared to address the disturbance or threatened disturbance of
international relations caused by the February 24, 1996, destruction by
the Cuban government of two unarmed United States-registered, civilian
aircraft in international airspace north of Cuba. On February 26, 2004,
by Proclamation 7757, the national emergency was expanded to deny
monetary and material support to the Cuban government. On February 24,
2016, by Proclamation 9398, and on February 22, 2018, by Proclamation
9699, the national emergency was further modified based on continued
disturbances or threatened
[[Page 773]]
disturbances of the international relations of the United States related
to Cuba. The Cuban government has not demonstrated that it will refrain
from the use of excessive force against United States vessels or
aircraft that may engage in memorial activities or peaceful protest
north of Cuba.
Further, the unauthorized entry of any United States-registered vessel
into Cuban territorial waters continues to be detrimental to the foreign
policy of the United States because such entry could facilitate a mass
migration from Cuba. It continues to be United States policy that a mass
migration from Cuba would endanger United States national security by
posing a disturbance or threatened disturbance of the international
relations of the United States.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing the national emergency with
respect to Cuba and the emergency authority relating to the regulation
of the anchorage and movement of vessels set out in Proclamation 6867,
as amended by Proclamation 7757, Proclamation 9398, and Proclamation
9699.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
February 24, 2021.
Notice of March 2, 2021
Continuation of the National Emergency With Respect to Ukraine
On March 6, 2014, by Executive Order 13660, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the actions and policies of persons that
undermine democratic processes and institutions in Ukraine; threaten its
peace, security, stability, sovereignty, and territorial integrity; and
contribute to the misappropriation of its assets.
On March 16, 2014, the President issued Executive Order 13661, which
expanded the scope of the national emergency declared in Executive Order
13660, and found that the actions and policies of the Government of the
Russian Federation with respect to Ukraine undermine democratic
processes and institutions in Ukraine; threaten its peace, security,
stability, sovereignty, and territorial integrity; and contribute to the
misappropriation of its assets.
On March 20, 2014, the President issued Executive Order 13662, which
further expanded the scope of the national emergency declared in
Executive Order 13660, as expanded in scope in Executive Order 13661,
and found that the actions and policies of the Government of the Russian
Federation, including its purported annexation of Crimea and its use of
force in
[[Page 774]]
Ukraine, continue to undermine democratic processes and institutions in
Ukraine; threaten its peace, security, stability, sovereignty, and
territorial integrity; and contribute to the misappropriation of its
assets.
On December 19, 2014, the President issued Executive Order 13685, to
take additional steps to address the Russian occupation of the Crimea
region of Ukraine.
On September 20, 2018, the President issued Executive Order 13849, to
take additional steps to implement certain statutory sanctions with
respect to the Russian Federation.
The actions and policies addressed in these Executive Orders continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States. For this reason, the national
emergency declared on March 6, 2014, and the measures adopted on that
date, on March 16, 2014, on March 20, 2014, on December 19, 2014, and on
September 20, 2018, to deal with that emergency, must continue in effect
beyond March 6, 2021. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency declared in Executive Order 13660.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 2, 2021.
Notice of March 2, 2021
Continuation of the National Emergency With Respect to Venezuela
On March 8, 2015, the President issued Executive Order 13692, declaring
a national emergency with respect to the situation in Venezuela,
including the Government of Venezuela's erosion of human rights
guarantees, persecution of political opponents, curtailment of press
freedoms, use of violence and human rights violations and abuses in
response to antigovernment protests, and arbitrary arrest and detention
of antigovernment protestors, as well as the exacerbating presence of
significant government corruption.
The President took additional steps pursuant to this national emergency
in Executive Order 13808 of August 24, 2017; Executive Order 13827 of
March 19, 2018; Executive Order 13835 of May 21, 2018; Executive Order
13850 of November 1, 2018; Executive Order 13857 of January 25, 2019;
and Executive Order 13884 of August 5, 2019.
The circumstances described in Executive Order 13692, and subsequent
Executive Orders issued with respect to Venezuela, have not improved,
and they continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States. Therefore in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)),
[[Page 775]]
I am continuing for 1 year the national emergency declared in Executive
Order 13692.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 2, 2021.
Notice of March 2, 2021
Continuation of the National Emergency With Respect to Zimbabwe
On March 6, 2003, by Executive Order 13288, the President declared a
national emergency and blocked the property of certain persons, pursuant
to the International Emergency Economic Powers Act (50 U.S.C. 1701-
1706), to deal with the unusual and extraordinary threat to the foreign
policy of the United States constituted by the actions and policies of
certain members of the Government of Zimbabwe and other persons to
undermine Zimbabwe's democratic processes or institutions. These actions
and policies had contributed to the deliberate breakdown in the rule of
law in Zimbabwe, to politically motivated violence and intimidation in
that country, and to political and economic instability in the southern
African region.
On November 22, 2005, the President issued Executive Order 13391 to take
additional steps with respect to the national emergency declared in
Executive Order 13288 by ordering the blocking of the property of
additional persons undermining democratic processes or institutions in
Zimbabwe.
On July 25, 2008, the President issued Executive Order 13469, which
expanded the scope of the national emergency declared in Executive Order
13288 and authorized the blocking of the property of additional persons
undermining democratic processes or institutions in Zimbabwe.
The actions and policies of certain members of the Government of
Zimbabwe and other persons to undermine Zimbabwe's democratic processes
or institutions continue to pose an unusual and extraordinary threat to
the foreign policy of the United States. For this reason, the national
emergency declared on March 6, 2003, and the measures adopted on that
date, on November 22, 2005, and on July 25, 2008, to deal with that
emergency, must continue in effect beyond March 6, 2021. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency
declared in Executive Order 13288.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 2, 2021.
[[Page 776]]
Notice of March 5, 2021
Continuation of the National Emergency With Respect to Iran
On March 15, 1995, by Executive Order 12957, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the actions and policies of
the Government of Iran. On May 6, 1995, the President issued Executive
Order 12959, imposing more comprehensive sanctions on Iran to further
respond to this threat. On August 19, 1997, the President issued
Executive Order 13059, consolidating and clarifying those previous
orders. The President took additional steps pursuant to this national
emergency in Executive Order 13553 of September 28, 2010; Executive
Order 13574 of May 23, 2011; Executive Order 13590 of November 20, 2011;
Executive Order 13599 of February 5, 2012; Executive Order 13606 of
April 22, 2012; Executive Order 13608 of May 1, 2012; Executive Order
13622 of July 30, 2012; Executive Order 13628 of October 9, 2012;
Executive Order 13645 of June 3, 2013; Executive Order 13716 of January
16, 2016, which revoked Executive Orders 13574, 13590, 13622, 13645 and
provisions of Executive Order 13628; Executive Order 13846 of August 6,
2018, which revoked Executive Orders 13716 and 13628; Executive Order
13871 of May 8, 2019; Executive Order 13876 of June 24, 2019; Executive
Order 13902 of January 10, 2020; and Executive Order 13949 of September
21, 2020.
The actions and policies of the Government of Iran--including its
proliferation and development of missiles and other asymmetric and
conventional weapons capabilities, its network and campaign of regional
aggression, its support for terrorist groups, and the malign activities
of the Islamic Revolutionary Guard Corps and its surrogates--continue to
pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States.
For these reasons, the national emergency declared on March 15, 1995,
must continue in effect beyond March 15, 2021. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency with respect to Iran
declared in Executive Order 12957. The emergency declared by Executive
Order 12957 constitutes an emergency separate from that declared on
November 14, 1979, by Executive Order 12170 in connection with the
hostage crisis. This renewal, therefore, is distinct from the emergency
renewal of November 2020.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 5, 2021.
[[Page 777]]
Notice of March 29, 2021
Continuation of the National Emergency With Respect to Significant
Malicious Cyber-Enabled Activities
On April 1, 2015, by Executive Order 13694, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the increasing prevalence
and severity of malicious cyber-enabled activities originating from, or
directed by persons located, in whole or in substantial part, outside
the United States. On December 28, 2016, the President issued Executive
Order 13757 to take additional steps to address the national emergency
declared in Executive Order 13694.
These significant malicious cyber-enabled activities continue to pose an
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States. For this reason, the national
emergency declared on April 1, 2015, must continue in effect beyond
April 1, 2021. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year
the national emergency declared in Executive Order 13694.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 29, 2021.
Notice of March 29, 2021
Continuation of the National Emergency With Respect to South Sudan
On April 3, 2014, by Executive Order 13664, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the situation in and in relation to South
Sudan, which has been marked by activities that threaten the peace,
security, or stability of South Sudan and the surrounding region,
including widespread violence and atrocities, human rights abuses,
recruitment and use of child soldiers, attacks on peacekeepers, and
obstruction of humanitarian operations.
The situation in and in relation to South Sudan continues to pose an
unusual and extraordinary threat to the national security and foreign
policy of the United States. For this reason, the national emergency
declared on April 3, 2014, must continue in effect beyond April 3, 2021.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared in Executive Order 13664.
[[Page 778]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
March 29, 2021.
Notice of April 1, 2021
Continuation of the National Emergency With Respect to Somalia
On April 12, 2010, by Executive Order 13536, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the deterioration of the security situation
and the persistence of violence in Somalia, and acts of piracy and armed
robbery at sea off the coast of Somalia, which have been the subject of
United Nations Security Council resolutions, and violations of the arms
embargo imposed by the United Nations Security Council.
On July 20, 2012, the President issued Executive Order 13620 to take
additional steps to deal with the national emergency declared in
Executive Order 13536 in view of United Nations Security Council
Resolution 2036 of February 22, 2012, and Resolution 2002 of July 29,
2011, and to address: exports of charcoal from Somalia, which generate
significant revenue for al-Shabaab; the misappropriation of Somali
public assets; and certain acts of violence committed against civilians
in Somalia, all of which contribute to the deterioration of the security
situation and the persistence of violence in Somalia.
The situation with respect to Somalia continues to pose an unusual and
extraordinary threat to the national security and foreign policy of the
United States. For this reason, the national emergency declared on April
12, 2010, and the measures adopted on that date and on July 20, 2012, to
deal with that threat, must continue in effect beyond April 12, 2021.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared in Executive Order 13536.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
April 1, 2021.
[[Page 779]]
Presidential Determination No. 2021-05 of April 16, 2021
Emergency Presidential Determination on Refugee Admissions for Fiscal
Year 2021
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, in accordance with section 207(b)
of the Immigration and Nationality Act (the ``Act'') (8 U.S.C. 1157(b)),
and after appropriate consultation with the Congress, I have determined
that subsequent to the signing of Presidential Determination 2021-02 on
October 27, 2020 (Presidential Determination on Refugee Admissions for
Fiscal Year 2021) (PD 2021-02), an unforeseen emergency refugee
situation now exists due to new or increasing political violence,
repression, atrocities, or humanitarian crises in countries including
Burma, the Democratic Republic of the Congo, Ethiopia, Hong Kong and
Xinjiang (China), South Sudan, Syria, and Venezuela, as well as changing
conditions caused by the coronavirus disease 2019 pandemic. I have
further determined that the allocation of admissions among refugees of
humanitarian concern set forth in PD 2021-02 prevents the United States
Refugee Admissions Program from responding to this unforeseen emergency
refugee situation. I hereby make the following determinations and direct
the following actions:
(a) In response to the emergency refugee situation, the Fiscal Year
(FY) 2021 allocation of admissions among refugees of humanitarian
concern to the United States shall be revised as set forth in section
(b) of this determination. This action is justified by grave
humanitarian concerns and is otherwise in the national interest.
Further, the admission of refugees affected by the emergency refugee
situation cannot be accomplished under section 207(a) of the Act.
(b) The revised allocations for FY 2021 are as follows:
Africa....................................... 7,000
East Asia.................................... 1,000
Europe and Central Asia...................... 1,500
Latin America and the Caribbean.............. 3,000
Near East and South Asia..................... 1,500
Unallocated Reserve.......................... 1,000
The Secretary of State, upon notification to the Judiciary Committees of
the Congress, is authorized to use the unallocated reserve where the
need for additional admissions arises and to transfer unused allocations
from a particular category to one or more other categories, if there is
a need for greater admissions for the category or categories to which
the allocations are being transferred.
(c) In accordance with section 101(a)(42)(B) of the Act (8 U.S.C.
1101(a)(42)(B)), and after appropriate consultation with the Congress, I
specify that, for FY 2021, the following persons may, if otherwise
qualified, be considered refugees for the purpose of admission to the
United States within their countries of nationality or habitual
residence:
(i) Persons in Cuba;
[[Page 780]]
(ii) Persons in Eurasia and the Baltics;
(iii) Persons in Iraq;
(iv) Persons in Honduras, Guatemala, and El Salvador;
(v) In special circumstances, persons identified by a United States Embassy
in any location or initially referred to the Federal Government by a
designated non-governmental organization.
(d) The admission of up to 15,000 refugees remains justified by
humanitarian concerns and is otherwise in the national interest. Should
15,000 admissions under the revised allocations for FY 2021 be reached
prior to the end of the fiscal year and the emergency refugee situation
persists, a subsequent Presidential Determination may be issued to
increase admissions, as appropriate.
(e) Refugee resettlement pursuant to this determination shall be
consistent with the requirements of Executive Order 14013 of February 4,
2021 (Rebuilding and Enhancing Programs to Resettle Refugees and
Planning for the Impact of Climate Change on Migration).
(f) Consistent with section 2(b)(2) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(b)(2)), I hereby determine that
assistance to or on behalf of persons applying for admission to the
United States as part of the overseas refugee admissions program will
contribute to the foreign policy interests of the United States and
designate such persons for the purpose of that provision.
(g) This determination supersedes PD 2021-02 of October 27, 2020.
(h) You are authorized and directed to publish this determination in
the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, April 16, 2021.
Presidential Determination No. 2021-06 of May 3, 2021
Emergency Presidential Determination on Refugee Admissions for Fiscal
Year 2021
Memorandum for the Secretary of State
In Executive Order 14013 of February 4, 2021 (Rebuilding and Enhancing
Programs to Resettle Refugees and Planning for the Impact of Climate
Change on Migration), I directed numerous actions to rebuild, expand,
and improve the United States Refugee Admissions Program (USRAP). On
February 12, 2021, the Department of State submitted a report to certain
congressional committees and, with the Department of Homeland Security
and the Department of Health and Human Services, consulted with the
Congress regarding a proposal to re-allocate admissions among refugees
of humanitarian concern and to increase Fiscal Year (FY) 2021 refugee
admissions from 15,000 refugees to 62,500 refugees due to an unforeseen
emergency refugee situation in countries around the globe since the
signing of
[[Page 781]]
Presidential Determination 2021-02 on October 27, 2020 (Presidential
Determination on Refugee Admissions for Fiscal Year 2021) (PD 2021-02).
In Presidential Determination 2021-05 of April 16, 2021 (Emergency
Presidential Determination on Refugee Admissions for Fiscal Year 2021)
(PD 2021-05), I changed the allocation of admissions in PD 2021-02 based
on a determination that new allocations were necessary to respond to the
unforeseen emergency refugee situation. Based on this change, USRAP
partners are beginning travel preparations for more than 2,000 refugees
who were excluded under PD 2021-02, but who can now be admitted to the
United States.
In PD 2021-05, I did not change the pre-existing number of refugee
admissions permitted for FY 2021, which remained at 15,000. I also
stated that I would consider raising the worldwide refugee admissions
ceiling before the end of FY 2021, should the pre-existing level be
reached and the emergency refugee situation persist. When I signed PD
2021-05, my intent was to adjust only the allocation of admissions and
to address the appropriate number of refugees in a separate
determination. Upon additional briefing and a more comprehensive
presentation regarding the capacity of the executive departments and
agencies charged with administering USRAP to increase refugee admissions
while responding to other demands, and given the ongoing unforeseen
emergency refugee situation, I now determine, consistent with my
Administration's prior consultation with the Congress, that raising the
number of admissions permissible for FY 2021 to 62,500 is justified by
grave humanitarian concerns and is otherwise in the national interest.
The number of refugee admissions authorized by this determination under
section 207(b) of the Immigration and Nationality Act (8 U.S.C. 1157(b))
sends the important message that the United States remains a safe harbor
for some of the most vulnerable people in the world. This number also
sets a goal for USRAP and the non-governmental and international
organizations with whom USRAP partners to resettle refugees. Given the
gravity of the global refugee crisis, the number of authorized refugee
admissions must be ambitious enough to challenge the United States
Government and its partners to build their capacity to serve more
refugees. In my judgment, a refugee admissions determination of 62,500
reflects these values, is justified by grave humanitarian concerns, and
is otherwise in the national interest of the United States.
The FY 2021 allocations set forth in section (b) of PD 2021-05 are
adjusted as follows:
Africa....................................... 22,000
East Asia.................................... 6,000
Europe and Central Asia...................... 4,000
Latin America and the Caribbean.............. 5,000
Near East and South Asia..................... 13,000
Unallocated Reserve.......................... 12,500
The provisions of PD 2021-05 are retained, except to the extent
superseded by this determination.
[[Page 782]]
You are authorized and directed to publish this determination in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, May 3, 2021.
Notice of May 6, 2021
Continuation of the National Emergency With Respect to the Actions of
the Government of Syria
On May 11, 2004, pursuant to his authority under the International
Emergency Economic Powers Act, 50 U.S.C. 1701-1706, and the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003, Public
Law 108-175, the President issued Executive Order 13338, in which he
declared a national emergency with respect to the actions of the
Government of Syria. To deal with this national emergency, Executive
Order 13338 authorized the blocking of property of certain persons and
prohibited the exportation or re-exportation of certain goods to Syria.
The national emergency was modified in scope and relied upon for
additional steps taken in Executive Order 13399 of April 25, 2006,
Executive Order 13460 of February 13, 2008, Executive Order 13572 of
April 29, 2011, Executive Order 13573 of May 18, 2011, Executive Order
13582 of August 17, 2011, Executive Order 13606 of April 22, 2012, and
Executive Order 13608 of May 1, 2012.
The President took these actions to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the actions of the
Government of Syria in supporting terrorism, maintaining its then-
existing occupation of Lebanon, pursuing weapons of mass destruction and
missile programs, and undermining United States and international
efforts with respect to the stabilization and reconstruction of Iraq.
The regime's brutality and repression of the Syrian people, who have
called for freedom and a representative government, not only endangers
the Syrian people themselves, but also generates instability throughout
the region. The Syrian regime's actions and policies, including with
respect to chemical weapons and supporting terrorist organizations, pose
an unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States. As a result, the national
emergency declared on May 11, 2004, and the measures to deal with that
emergency adopted on that date in Executive Order 13338; on April 25,
2006, in Executive Order 13399; on February 13, 2008, in Executive Order
13460; on April 29, 2011, in Executive Order 13572; on May 18, 2011, in
Executive Order 13573; on August 17, 2011, in Executive Order 13582; on
April 22, 2012, in Executive Order 13606; and on May 1, 2012, in
Executive Order 13608, must continue in effect beyond May 11, 2021.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared with respect to the actions of the Government of
Syria.
[[Page 783]]
In addition, the United States condemns the Assad regime's, and its
Russian and Iranian enablers', brutal violence and human rights
violations and abuses. The United States calls on the Assad regime and
its backers to stop its violent war against its own people, enact a
nationwide ceasefire, enable the unobstructed delivery of humanitarian
assistance to all Syrians in need, and negotiate a political settlement
in Syria in line with United Nations Security Council Resolution 2254.
The United States will consider changes in policies and actions of the
Government of Syria in determining whether to continue or terminate this
national emergency in the future.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 6, 2021.
Notice of May 6, 2021
Continuation of the National Emergency With Respect to the Central
African Republic
On May 12, 2014, by Executive Order 13667, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the situation in and in relation to the
Central African Republic, which has been marked by a breakdown of law
and order, intersectarian tension, widespread violence and atrocities,
and the pervasive, often forced recruitment and use of child soldiers,
which threatens the peace, security, or stability of the Central African
Republic and neighboring states.
The situation in and in relation to the Central African Republic
continues to pose an unusual and extraordinary threat to the national
security and foreign policy of the United States. For this reason, the
national emergency declared in Executive Order 13667 on May 12, 2014, to
deal with that threat must continue in effect beyond May 12, 2021.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1662(d)), I am continuing for 1 year the national
emergency declared with respect to the Central African Republic.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 6, 2021.
[[Page 784]]
Notice of May 6, 2021
Continuation of the National Emergency With Respect to the Stabilization
of Iraq
On May 22, 2003, by Executive Order 13303, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States posed by obstacles to the orderly reconstruction of Iraq,
the restoration and maintenance of peace and security in the country,
and the development of political, administrative, and economic
institutions in Iraq.
The obstacles to the orderly reconstruction of Iraq, the restoration and
maintenance of peace and security in the country, and the development of
political, administrative, and economic institutions in Iraq continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States. For this reason, the national
emergency declared in Executive Order 13303, as modified in scope and
relied upon for additional steps taken in Executive Order 13290 of March
20, 2003, Executive Order 13315 of August 28, 2003, Executive Order
13350 of July 29, 2004, Executive Order 13364 of November 29, 2004,
Executive Order 13438 of July 17, 2007, and Executive Order 13668 of May
27, 2014, must continue in effect beyond May 22, 2021. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to the stabilization of Iraq declared in Executive Order 13303.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 6, 2021.
Notice of May 11, 2021
Continuation of the National Emergency With Respect to Securing the
Information and Communications Technology and Services Supply Chain
On May 15, 2019, by Executive Order 13873, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the unrestricted acquisition
and use of certain information and communications technology and
services transactions.
The unrestricted acquisition or use in the United States of information
and communications technology or services designed, developed,
manufactured, or supplied by persons owned by, controlled by, or subject
to the jurisdiction or direction of foreign adversaries augments the
ability of these
[[Page 785]]
foreign adversaries to create and exploit vulnerabilities in information
and communications technology or services, with potentially catastrophic
effects. This threat continues to pose an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States. For this reason, the national emergency declared on May
15, 2019, must continue in effect beyond May 15, 2021. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency
declared in Executive Order 13873 with respect to securing the
information and communications technology and services supply chain.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 11, 2021.
Notice of May 11, 2021
Continuation of the National Emergency With Respect to Yemen
On May 16, 2012, by Executive Order 13611, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the actions and policies of certain members
of the Government of Yemen and others that threatened Yemen's peace,
security, and stability. These actions include obstructing the political
process in Yemen and blocking implementation of the agreement of
November 23, 2011, between the Government of Yemen and those in
opposition to it, which provide for a peaceful transition of power that
meets the legitimate demands and aspirations of the Yemeni people.
The actions and policies of certain former members of the Government of
Yemen and others in threatening Yemen's peace, security, and stability
continue to pose an unusual and extraordinary threat to the national
security and foreign policy of the United States. For this reason, the
national emergency declared on May 16, 2012, to deal with that threat
must continue in effect beyond May 16, 2021. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency declared in Executive
Order 13611 with respect to Yemen.
This notice shall be published in the Federal Register and transmitted
to Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 11, 2021.
[[Page 786]]
Memorandum of May 18, 2021
Restoring the Department of Justice's Access-to-Justice Function and
Reinvigorating the White House Legal Aid Interagency Roundtable
Memorandum for the Heads of Executive Departments and Agencies
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to increase
meaningful access to our legal system and an array of Federal programs,
it is hereby ordered as follows:
Section 1. Policy. This Nation was founded on the ideal of equal justice
under the law. Everyone in this country should be able to vindicate
their rights and avail themselves of the protections that our laws
afford on equal footing. Whether we realize this ideal hinges on the
extent to which everyone in the United States has meaningful access to
our legal system. Legal services are crucial to the fair and effective
administration of our laws and public programs, and the stability of our
society.
Recognizing the importance of access to justice and the power of legal
aid, the Department of Justice (DOJ) in 2010 launched an access-to-
justice initiative. In 2016, DOJ formally established the Office for
Access to Justice. This office worked in partnership with other DOJ
components to coordinate policy initiatives on topics including criminal
indigent defense, enforcement of fines and fees, language barriers in
access to the courts, and civil legal aid. The DOJ and the White House
Domestic Policy Council also launched the Legal Aid Interagency
Roundtable (LAIR) in 2012 to work with civil legal aid partners to
advance Federal programs; create and disseminate tools to provide
information about civil legal aid and Federal funding opportunities; and
generate research to inform policy that improves access to justice.
The LAIR's successes prompted President Obama to issue the memorandum of
September 24, 2015 (Establishment of the White House Legal Aid
Interagency Roundtable), which formally established LAIR as a White
House initiative. Using the White House's convening power, LAIR examined
innovative and evidence-based solutions for access to justice, from
medical-legal partnerships to improve health outcomes and decrease
health costs to better procedures in court hearings for individuals
representing themselves.
But there is much more for the Federal Government to do. According to a
2017 study by the Legal Services Corporation, low-income Americans
receive inadequate or no professional legal assistance with regard to
over 80 percent of the civil legal problems they face in a given year.
All too often, unaddressed legal issues push people into poverty. At the
same time, in the criminal legal system, those who cannot afford private
counsel often receive a lower-quality defense because public defender
caseloads are overburdened.
The coronavirus disease 2019 (COVID-19) pandemic has further exposed and
exacerbated inequities in our justice system, as courts and legal
service providers have been forced to curtail in-person operations,
often without the resources or technology to offer remote-access or
other safe alternatives.
[[Page 787]]
These access limitations have compounded the effects of other harms
wrought by the pandemic. These problems have touched the lives of many
persons in this country, particularly low-income people and people of
color.
With these immense and urgent challenges comes the opportunity to
strengthen access to justice in the 21st century. Through funding,
interagency collaboration, and strategic partnerships, the Federal
Government can drive development of new approaches and best practices
that provide meaningful access to justice today, and into the future,
consistent with our foundational ideal of equal justice under the law.
Sec. 2. The Department of Justice's Access-to-Justice Function. (a) My
Administration is committed to promoting equal access to justice and
addressing access limitations throughout the criminal and civil legal
systems. The DOJ has a critical role to play in improving the justice
delivery systems that serve people who cannot afford lawyers, and I am
committed to reinvigorating that work.
(b) The Attorney General shall consider expanding DOJ's planning,
development, and coordination of access-to-justice policy initiatives,
including in the areas of criminal indigent defense, civil legal aid,
and pro bono legal services. As soon as practicable, and no later than
120 days from the date of this memorandum, the Attorney General shall--
in coordination with the Director of the Office of Management and
Budget--submit a report to the President describing the Department's
plan to expand its access-to-justice function, including the
organizational placement of this function within the Department,
expected staffing and budget, and, if necessary, the timeline for
notifying the Congress of any reorganization.
Sec. 3. Reinvigorating the White House Legal Aid Interagency Roundtable.
My Administration is committed to ensuring that all persons in this
country enjoy the protections and benefits of our legal system.
Reinvigorating LAIR as a White House initiative is a key step in this
direction.
Accordingly, I direct as follows:
(a) The LAIR is hereby reconvened as a White House initiative in
furtherance of the vision set forth in the memorandum of September 24,
2015, by which it was established and in light of today's most pressing
challenges. The September 2015 memorandum is superseded to the extent
that it is inconsistent with this memorandum.
(b) The LAIR shall work across executive departments, agencies, and
offices to fulfill its mission, including to:
(i) improve coordination among Federal programs, so that programs are more
efficient and produce better outcomes by including, where appropriate,
legal services among the range of supportive services provided;
(ii) increase the availability of meaningful access to justice for
individuals and families, regardless of wealth or status;
(iii) develop policy recommendations that improve access to justice in
Federal, State, local, Tribal, and international jurisdictions;
(iv) assist the United States with implementation of Goal 16 of the United
Nation's 2030 Agenda for Sustainable Development to promote
[[Page 788]]
peaceful and inclusive societies for sustainable development, provide
access to justice for all, and build effective, accountable, and inclusive
institutions at all levels; and
(v) advance relevant evidence-based research, data collection, and analysis
of civil legal aid and indigent defense, and promulgate best practices.
(c) The Attorney General and the Counsel to the President, or their
designees, shall serve as the Co-Chairs of LAIR, which shall also
include a representative or designee from each of the following
executive departments, agencies, and offices:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Labor;
(viii) the Department of Health and Human Services;
(ix) the Department of Housing and Urban Development;
(x) the Department of Transportation;
(xi) the Department of Education;
(xii) the Department of Veterans Affairs;
(xiii) the Department of Homeland Security;
(xiv) the Environmental Protection Agency;
(xv) the Equal Employment Opportunity Commission;
(xvi) the Corporation for National and Community Service;
(xvii) the Office of Management and Budget;
(xviii) the United States Agency for International Development;
(xix) the Administrative Conference of the United States;
(xx) the National Science Foundation;
(xxi) the United States Digital Service;
(xxii) the Domestic Policy Council;
(xxiii) the Office of the Vice President; and
(xxiv) such other executive departments, agencies, and offices as the Co-
Chairs may, from time to time, invite to participate.
(d) The Co-Chairs shall invite the participation of the Bureau of
Consumer Financial Protection, the Federal Communications Commission,
the Federal Trade Commission, the Legal Services Corporation, and the
Social Security Administration, to the extent consistent with their
respective statutory authorities and legal obligations.
[[Page 789]]
(e) The LAIR shall report annually to the President on its progress
in fulfilling its mission. The report shall include data from
participating members on the deployment of Federal resources to foster
this mission. The LAIR's 2021 report shall be due no later than 120 days
from the date of this memorandum.
(f) In light of the mission and function set forth in section 3(b)
of this memorandum, LAIR shall focus its first annual report on the
impact of the COVID-19 pandemic on access to justice in both the
criminal and civil legal systems. Moreover, the first convening of LAIR
shall, at a minimum, address access-to-justice challenges the pandemic
has raised and work towards identifying technological and other
solutions that both meet these challenges and fortify the justice
system's capacity to serve the public and be inclusive of all
communities.
(g) The Attorney General shall designate an Executive Director of
LAIR who shall, as directed by the Co-Chairs, convene regular meetings
of LAIR and supervise its work. The DOJ staff designated to support the
Department's access-to-justice function under section 2 of this
memorandum shall serve as the staff of LAIR.
(h) The DOJ shall, to the extent permitted by law and subject to the
availability of appropriations, provide administrative services, funds,
facilities, staff, equipment, and other support services as may be
necessary for LAIR to carry out its mission.
(i) The LAIR shall hold meetings at least three times per year. In
the course of its work, LAIR should conduct outreach to Federal, State,
local, Tribal, and international officials, technical advisors, and
nongovernmental organizations, among others, as necessary to carry out
its mission (including public defender organizations and offices and
legal aid organizations and providers).
(j) The LAIR members are encouraged to provide support, including by
detailing personnel, to LAIR. Members of LAIR shall serve without any
additional compensation for their work.
Sec. 4. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) Independent agencies are strongly encouraged to comply with the
provisions in this memorandum.
(d) This memorandum 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.
[[Page 790]]
(e) The Attorney General is authorized and directed to publish this
memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, May 18, 2021.
Presidential Determination No. 2021-07 of May 19, 2021
Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of
the National Defense Authorization Act for Fiscal Year 2012
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,
and] the Secretary of Energy
By the authority vested in me as President by the Constitution and the
laws of the United States, after carefully considering the reports
submitted to the Congress by the Energy Information Administration,
including the report submitted in February 2021, and other relevant
factors, including global economic conditions, increased oil production
by certain countries, the level of spare capacity, and the availability
of strategic reserves, I determine, pursuant to section 1245(d)(4)(B)
and (C) of the National Defense Authorization Act for Fiscal Year 2012,
Public Law 112-81, and consistent with prior determinations, that there
is a sufficient supply of petroleum and petroleum products from
countries other than Iran to permit a significant reduction in the
volume of petroleum and petroleum products purchased from Iran by or
through foreign financial institutions.
I will continue to monitor this situation closely.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, May 19, 2021.
Order of May 28, 2021
Sequestration Order for Fiscal Year 2022 Pursuant to Section 251A of the
Balanced Budget and Emergency Deficit Control Act, as Amended
By the authority vested in me as President by the laws of the United
States of America, and in accordance with section 251A of the Balanced
Budget and Emergency Deficit Control Act (the ``Act''), as amended, 2
U.S.C. 901a,
[[Page 791]]
I hereby order that, on October 1, 2021, direct spending budgetary
resources for fiscal year 2022 in each non-exempt budget account be
reduced by the amount calculated by the Office of Management and Budget
in its report to the Congress of May 28, 2021.
All sequestrations shall be made in strict accordance with the
requirements of section 251A of the Act and the specifications of the
Office of Management and Budget's report of May 28, 2021, prepared
pursuant to section 251A(9) of the Act.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
May 28, 2021.
Memorandum of June 4, 2021
2020 Unified Command Plan
Memorandum for the Secretary of Defense
Pursuant to my authority as Commander in Chief, I hereby rescind
direction dated January 13, 2021, to the Department of Defense to begin
drafting Change 1 to the 2020 Unified Command Plan to reassign the
responsibility for Greenland from United States European Command to
United States Northern Command.
Consistent with title 10, United States Code, section 161(b)(2) and
title 3, United States Code, section 301, you are directed to notify the
Congress on my behalf.
You are authorized and directed to publish this memorandum in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, June 4, 2021.
Notice of June 8, 2021
Continuation of the National Emergency With Respect to the Western
Balkans
On June 26, 2001, by Executive Order 13219, the President declared a
national emergency with respect to the Western Balkans pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to
deal with the unusual and extraordinary threat to the national security
and foreign policy of the United States constituted by the actions of
persons engaged in, or assisting, sponsoring, or supporting, (i)
extremist violence in
[[Page 792]]
the former Republic of Macedonia (what is now the Republic of North
Macedonia) and elsewhere in the Western Balkans region, or (ii) acts
obstructing implementation of the Dayton Accords in Bosnia or United
Nations Security Council Resolution 1244 of June 10, 1999, in Kosovo.
The President subsequently amended that order in Executive Order 13304
of May 28, 2003, to take additional steps with respect to certain
actions that obstruct implementation of, among other things, the Ohrid
Framework Agreement of 2001 relating to Macedonia.
The actions of persons threatening the peace and international
stabilization efforts in the Western Balkans, including acts of
extremist violence and obstructionist activity, continue to pose an
unusual and extraordinary threat to the national security and foreign
policy of the United States. For this reason, the national emergency
declared on June 26, 2001, must continue in effect beyond June 26, 2021.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared with respect to the Western Balkans in Executive
Order 13219.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
June 8, 2021.
Notice of June 8, 2021
Continuation of the National Emergency With Respect to the Actions and
Policies of Certain Members of the Government of Belarus and Other
Persons To Undermine Democratic Processes or Institutions of Belarus
On June 16, 2006, by Executive Order 13405, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the actions and policies of certain members
of the Government of Belarus and other persons to undermine Belarus's
democratic processes or institutions, manifested in the fundamentally
undemocratic March 2006 elections; to commit human rights abuses related
to political repression, including detentions and disappearances; and to
engage in public corruption, including by diverting or misusing
Belarusian public assets or by misusing public authority.
The actions and policies of certain members of the Government of Belarus
and other persons continue to pose an unusual and extraordinary threat
to the national security and foreign policy of the United States. For
this reason, the national emergency declared on June 16, 2006, must
continue in effect beyond June 16, 2021. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13405.
[[Page 793]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
June 8, 2021.
Memorandum of June 8, 2021
Delegation of Authority Under Section 1217(c) of Public Law 116-283
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to the Secretary of State, in
coordination with the Director of National Intelligence and the
Secretary of Defense, the authority to submit to the Congress the
reports required by section 1217(c) of Public Law 116-283 on
verification and compliance regarding the ``Agreement for Bringing Peace
to Afghanistan Between the Islamic Emirate of Afghanistan which is not
recognized by the United States as a state and is known as the Taliban
and the United States of America.''
You are authorized and directed to publish this memorandum in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, June 8, 2021.
Presidential Determination No. 2021-08 of June 11, 2021
Unexpected Urgent Refugee and Migration Needs
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 2(c)(1) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(1))
(MRAA), I hereby determine, pursuant to section 2(c)(1) of the MRAA,
that it is important to the national interest to furnish assistance
under the MRAA in an amount not to exceed $46 million from the United
States Emergency Refugee and Migration Assistance Fund for the purpose
of meeting unexpected urgent refugee and migration needs, including
through contributions to international organizations by the Bureau of
Population, Refugees, and Migration of the Department of State, related
to the humanitarian needs of vulnerable refugees and migrants in Central
America and third countries in the region.
[[Page 794]]
You are authorized and directed to submit this determination to the
Congress, along with the accompanying Justification, and to publish this
determination in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, June 11, 2021.
Notice of June 21, 2021
Continuation of the National Emergency With Respect to North Korea
On June 26, 2008, by Executive Order 13466, the President declared a
national emergency with respect to North Korea pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to
deal with the unusual and extraordinary threat to the national security
and foreign policy of the United States constituted by the existence and
risk of the proliferation of weapons-usable fissile material on the
Korean Peninsula. The President also found that it was necessary to
maintain certain restrictions with respect to North Korea that would
otherwise have been lifted pursuant to Proclamation 8271 of June 26,
2008, which terminated the exercise of authorities under the Trading
With the Enemy Act (50 U.S.C. App. 1-44) with respect to North Korea.
On August 30, 2010, the President signed Executive Order 13551, which
expanded the scope of the national emergency declared in Executive Order
13466 to deal with the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States posed by the
continued actions and policies of the Government of North Korea,
manifested by its unprovoked attack that resulted in the sinking of the
Republic of Korea Navy ship Cheonan and the deaths of 46 sailors in
March 2010; its announced test of a nuclear device and its missile
launches in 2009; its actions in violation of United Nations Security
Council Resolutions 1718 and 1874, including the procurement of luxury
goods; and its illicit and deceptive activities in international markets
through which it obtains financial and other support, including money
laundering, the counterfeiting of goods and currency, bulk cash
smuggling, and narcotics trafficking, which destabilize the Korean
Peninsula and imperil United States Armed Forces, allies, and trading
partners in the region.
On April 18, 2011, the President signed Executive Order 13570 to take
additional steps to address the national emergency declared in Executive
Order 13466 and expanded in Executive Order 13551 that would ensure
implementation of the import restrictions contained in United Nations
Security Council Resolutions 1718 and 1874 and complement the import
restrictions provided for in the Arms Export Control Act (22 U.S.C. 2751
et seq.).
On January 2, 2015, the President signed Executive Order 13687 to expand
the scope of, and to take further steps with respect to, the national
emergency declared in Executive Order 13466, as expanded in Executive
Order 13551, and addressed further in Executive Order 13570, to address
the
[[Page 795]]
threat to the national security, foreign policy, and economy of the
United States constituted by the provocative, destabilizing, and
repressive actions and policies of the Government of North Korea,
including its destructive, coercive cyber-related actions during
November and December 2014, actions in violation of United Nations
Security Council Resolutions 1718, 1874, 2087, and 2094, and commission
of serious human rights abuses.
On March 15, 2016, the President signed Executive Order 13722 to take
additional steps with respect to the national emergency declared in
Executive Order 13466, as modified in scope and relied upon for
additional steps in subsequent Executive Orders, to address the
Government of North Korea's continuing pursuit of its nuclear and
missile programs, as evidenced by its February 7, 2016, launch using
ballistic missile technology and its January 6, 2016, nuclear test in
violation of its obligations pursuant to numerous United Nations
Security Council resolutions and in contravention of its commitments
under the September 19, 2005, Joint Statement of the Six-Party Talks,
that increasingly imperils the United States and its allies.
On September 20, 2017, the President signed Executive Order 13810 to
take further steps with respect to the national emergency declared in
Executive Order 13466, as modified in scope and relied upon for
additional steps in subsequent Executive Orders, to address the
provocative, destabilizing, and repressive actions and policies of the
Government of North Korea, including its intercontinental ballistic
missile launches of July 3 and July 28, 2017, and its nuclear test of
September 2, 2017; its commission of serious human rights abuses; and
its use of funds generated through international trade to support its
nuclear and missile programs and weapons proliferation.
The existence and risk of the proliferation of weapons-usable fissile
material on the Korean Peninsula and the actions and policies of the
Government of North Korea continue to pose an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States. For this reason, the national emergency declared in
Executive Order 13466, expanded in scope in Executive Order 13551,
addressed further in Executive Order 13570, further expanded in scope in
Executive Order 13687, and under which additional steps were taken in
Executive Order 13722 and Executive Order 13810, must continue in effect
beyond June 26, 2021. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency declared in Executive Order 13466 with
respect to North Korea.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
June 21, 2021.
[[Page 796]]
Memorandum of June 21, 2021
Delegation of Certain Authorities and Functions Under Section 353 of the
United States-Northern Triangle Enhanced Engagement Act
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to the Secretary of State all
authorities and functions vested in the President by section 353 of the
United States-Northern Triangle Enhanced Engagement Act (Subtitle F of
Title III of Division FF of Public Law 116-260) (the ``Act'').
Any reference herein to the Act related to the subject of this
memorandum shall be deemed to include references to any hereafter-
enacted provisions of law that are the same or substantially the same as
such provisions.
You are authorized and directed to publish this memorandum in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, June 21, 2021.
Memorandum of June 29, 2021
Delegation of Certain Functions and Authorities Under the Women, Peace,
and Security Act of 2017
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the
Secretary of Homeland Security[, and] the Administrator of the United
States Agency for International Development
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to the Secretary of State, in
coordination with the Secretary of Defense, the Secretary of Homeland
Security, and the Administrator of the United States Agency for
International Development, the authority to submit to the Congress the
reports required by sections 5(a) and 8(b) of the Women, Peace, and
Security Act of 2017 (Public Law 115-68).
The delegation of authority provided in this memorandum shall apply to
any provisions of any future public laws that are the same or
substantially the same as those provisions referenced in this
memorandum.
[[Page 797]]
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, June 29, 2021.
Notice of July 7, 2021
Continuation of the National Emergency With Respect to Hong Kong
On July 14, 2020, by Executive Order 13936, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the situation with respect
to Hong Kong.
The situation with respect to Hong Kong, including recent actions taken
by the People's Republic of China to fundamentally undermine Hong Kong's
autonomy, continues to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States. For
this reason, the national emergency declared on July 14, 2020, must
continue in effect beyond July 14, 2021. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13936 with respect to the situation in Hong Kong.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
July 7, 2021.
Notice of July 7, 2021
Continuation of the National Emergency With Respect to Transnational
Criminal Organizations
On July 24, 2011, by Executive Order 13581, the President declared a
national emergency with respect to transnational criminal organizations
pursuant to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to deal with the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
constituted by the activities of significant transnational criminal
organizations.
On March 15, 2019, by Executive Order 13863, the President took
additional steps to deal with the national emergency with respect to
significant
[[Page 798]]
transnational criminal organizations in view of the evolution of these
organizations as well as the increasing sophistication of their
activities, which threaten international political and economic systems
and pose a direct threat to the safety and welfare of the United States
and its citizens, and given the ability of these organizations to derive
revenue through widespread illegal conduct, including acts of violence
and abuse that exhibit a wanton disregard for human life as well as many
other crimes enriching and empowering these organizations.
The activities of significant transnational criminal organizations
continue to pose an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States. For these
reasons, the national emergency declared in Executive Order 13581 of
July 24, 2011, under which additional steps were taken in Executive
Order 13863 of March 15, 2019, must continue in effect beyond July 24,
2021. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to significant transnational criminal
organizations declared in Executive Order 13581.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
July 7, 2021.
Memorandum of July 19, 2021
Delegation of Authority Under Section 1285 of the National Defense
Authorization Act for Fiscal Year 2020
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to the Secretary of Defense the
authority and functions vested in the President by section 1285(a)
through (e) of Public Law 116-92 on the use of military force and
support of partner forces to the Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, July 19, 2021.
[[Page 799]]
Notice of July 20, 2021
Continuation of the National Emergency With Respect to Lebanon
On August 1, 2007, by Executive Order 13441, the President declared a
national emergency with respect to Lebanon pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the
unusual and extraordinary threat to the national security and foreign
policy of the United States constituted by the actions of certain
persons to undermine Lebanon's legitimate and democratically elected
government or democratic institutions; to contribute to the deliberate
breakdown in the rule of law in Lebanon, including through politically
motivated violence and intimidation; to reassert Syrian control or
contribute to Syrian interference in Lebanon; or to infringe upon or
undermine Lebanese sovereignty. Such actions contribute to political and
economic instability in that country and the region.
Certain ongoing activities, such as Iran's continuing arms transfers to
Hizballah--which include increasingly sophisticated weapons systems--
serve to undermine Lebanese sovereignty, contribute to political and
economic instability in the region, and continue to constitute an
unusual and extraordinary threat to the national security and foreign
policy of the United States. For this reason, the national emergency
declared on August 1, 2007, must continue in effect beyond August 1,
2021. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to Lebanon declared in Executive Order
13441.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
July 20, 2021.
Notice of July 20, 2021
Continuation of the National Emergency With Respect to Mali
On July 26, 2019, by Executive Order 13882, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the situation in Mali.
The situation in Mali, including repeated violations of ceasefire
arrangements made pursuant to the 2015 Agreement on Peace and
Reconciliation in Mali; the expansion of terrorist activities into
southern and central Mali; the intensification of drug trafficking and
trafficking in persons, human rights abuses, and hostage-taking; and the
intensification of attacks against
[[Page 800]]
civilians, the Malian defense and security forces, the United Nations
Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), and
international security presences, continues to pose an unusual and
extraordinary threat to the national security and foreign policy of the
United States. For this reason, the national emergency declared on July
26, 2019, must continue in effect beyond July 26, 2021. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency
declared in Executive Order 13882 with respect to the situation in Mali.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
July 20, 2021.
Memorandum of July 23, 2021
Delegation of Authority Under Section 506(a)(2) of the Foreign
Assistance Act of 1961
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, subject to fulfilling the requirements of section
652 of the Foreign Assistance Act of 1961 (FAA), and in order to provide
assistance for refugees, victims of conflict, and other persons at risk
as a result of the situation in Afghanistan, including applicants for
Special Immigrant Visas, I hereby delegate to the Secretary of State:
(1) the authority under section 506(a)(2) of the FAA to direct the
drawdown of up to $200,000,000 in articles and services from the
inventory and resources of any agency of the United States Government
and military education and training from the Department of Defense for
the purposes and under the authorities of the Migration and Refugee
Assistance Act of 1962;
(2) the authority to make the determination under section 506(a)(2)
of the FAA to direct such drawdown; and
(3) the authority under section 652 of the FAA to make, before any
such drawdown, the required notifications to the Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, July 23, 2021.
[[Page 801]]
Presidential Determination No. 2021-09 of July 23, 2021
Unexpected Urgent Refugee and Migration Needs
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 2(c)(1) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(1))
(MRAA), I hereby determine, pursuant to section 2(c)(1) of the MRAA,
that it is important to furnish assistance under the MRAA in an amount
of up to $100 million from the United States Emergency Refugee and
Migration Assistance Fund for the purpose of meeting unexpected urgent
refugee and migration needs, victims of conflict, and other persons at
risk as a result of the situation in Afghanistan, including applicants
for Special Immigrant Visas. Such assistance may be provided on a
bilateral or multilateral basis as appropriate, including through
contributions to international organizations and through funding to
other nongovernmental organizations, governments, and United States
departments and agencies.
This determination supersedes Presidential Determination 2021-08 of June
11, 2021.
You are authorized and directed to submit this determination to the
Congress, along with the accompanying Justification, and to publish this
determination in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, July 23, 2021.
Memorandum of August 5, 2021
Deferred Enforced Departure for Certain Hong Kong Residents
Memorandum for the Secretary of State [and] the Secretary of Homeland
Security
The United States supports the human rights and fundamental freedoms of
the residents of Hong Kong. Recognizing the significant erosion of those
rights and freedoms in Hong Kong by the People's Republic of China
(PRC), I am directing the deferral of removal of certain Hong Kong
residents who are present in the United States.
By unilaterally imposing on Hong Kong the Law of the People's Republic
of China on Safeguarding National Security in the Hong Kong Special
Administrative Region (NSL), the PRC has undermined the enjoyment of
rights and freedoms in Hong Kong, including those protected under the
Basic Law and the Sino-British Joint Declaration. Since the imposition
of the NSL in June 2020, Hong Kong police have continued a campaign of
politically motivated arrests, taking into custody at least 100
opposition politicians, activists, and protesters on NSL-related charges
including secession, subversion, terrorist activities, and collusion
with a foreign country or external
[[Page 802]]
elements. Over 10,000 individuals have been arrested for other charges
in connection with anti-government protests. Over the last year, the PRC
has continued its assault on Hong Kong's autonomy, undermining its
remaining democratic processes and institutions, imposing limits on
academic freedom, and cracking down on freedom of the press.
There are compelling foreign policy reasons to defer enforced departure
for Hong Kong residents presently in the United States. The United
States is committed to a foreign policy that unites our democratic
values with our foreign policy goals, which is centered on the defense
of democracy and the promotion of human rights around the world.
Offering safe haven for Hong Kong residents who have been deprived of
their guaranteed freedoms in Hong Kong furthers United States interests
in the region. The United States will not waver in our support of people
in Hong Kong.
Pursuant to my constitutional authority to conduct the foreign relations
of the United States, I have determined that it is in the foreign policy
interest of the United States to defer for 18 months the removal of any
Hong Kong resident subject to the conditions and exceptions provided
below.
Accordingly, I hereby direct the Secretary of Homeland Security to take
appropriate measures to defer for 18 months the removal of any Hong Kong
resident who is present in the United States on the date of this
memorandum, except for those:
(1) who have voluntarily returned to Hong Kong or the PRC after the
date of this memorandum;
(2) who have not continuously resided in the United States since the
date of this memorandum;
(3) who are inadmissible under section 212(a)(3) of the Immigration
and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under
section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
(4) who have been convicted of any felony or two or more
misdemeanors committed in the United States, or who meet any of the
criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C.
1158(b)(2)(A));
(5) who are subject to extradition;
(6) whose presence in the United States the Secretary of Homeland
Security has determined is not in the interest of the United States or
presents a danger to public safety; or
(7) whose presence in the United States the Secretary of State has
reasonable grounds to believe would have potentially serious adverse
foreign policy consequences for the United States.
I further direct the Secretary of Homeland Security to take appropriate
measures to authorize employment for noncitizens whose removal has been
deferred, as provided by this memorandum, for the duration of such
deferral, and to consider suspending regulatory requirements with
respect to F-1 nonimmigrant students who are Hong Kong residents as the
Secretary of Homeland Security determines to be appropriate.
[[Page 803]]
The Secretary of Homeland Security is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, August 5, 2021.
Notice of August 6, 2021
Continuation of the National Emergency With Respect to Export Control
Regulations
On August 17, 2001, the President issued Executive Order 13222 pursuant
to the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.). In that order, the President declared a national emergency with
respect to the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States related to
the expiration of the Export Administration Act of 1979, as amended.
Because the implementation of certain sanctions authorities, including
sections 11A, 11B, and 11C of such Export Administration Act of 1979,
consistent with section 1766(b) of Public Law 115-232, the Export
Control Reform Act (50 U.S.C. 4601 note), is to be carried out under the
International Emergency Economic Powers Act, the national emergency
declared on August 17, 2001, must continue in effect beyond August 17,
2021. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency declared in Executive Order 13222, as amended by
Executive Order 13637 of March 8, 2013.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
August 6, 2021.
Presidential Determination No. 2021-10 of August 10, 2021
Continuation of U.S. Drug Interdiction Assistance to the Government of
Colombia
Memorandum for the Secretary of State [and] the Secretary of Defense
By the authority vested in me as President by the Constitution and the
laws of the United States, and pursuant to the authority vested in me by
section 1012 of the National Defense Authorization Act for Fiscal Year
1995, as amended (22 U.S.C. 2291-4), I hereby certify, with respect to
Colombia,
[[Page 804]]
that: (1) interdiction of aircraft reasonably suspected to be primarily
engaged in illicit drug trafficking in that country's airspace is
necessary, because of the extraordinary threat posed by illicit drug
trafficking to the national security of that country; and (2) Colombia
has appropriate procedures in place to protect against innocent loss of
life in the air and on the ground in connection with such interdiction,
which includes effective means to identify and warn an aircraft before
the use of force is directed against the aircraft.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register and to notify the Congress of this
determination.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, August 10, 2021.
Presidential Determination No. 2021-11 of August 16, 2021
Unexpected Urgent Refugee and Migration Needs
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 2(c)(1) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(1))
(MRAA), I hereby determine, pursuant to section 2(c)(1) of the MRAA,
that it is important to the national interest to furnish assistance
under the MRAA in an amount not to exceed $500 million from the United
States Emergency Refugee and Migration Assistance Fund for the purpose
of meeting unexpected urgent refugee and migration needs of refugees,
victims of conflict, and other persons at risk as a result of the
situation in Afghanistan, including applicants for Special Immigrant
Visas. Such assistance may be provided on a bilateral or multilateral
basis as appropriate, including through contributions to international
organizations and through funding to other nongovernmental
organizations, governments, and United States departments and agencies.
You are authorized and directed to submit this determination to the
Congress, along with the accompanying Justification, and to publish this
determination in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, August 16, 2021.
[[Page 805]]
Memorandum of August 17, 2021
Maximizing Assistance To Respond to COVID-19
Memorandum for the Secretary of Homeland Security [and] the
Administrator of the Federal Emergency Management Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the
``Stafford Act''), I hereby order as follows:
Section 1. Policy. Consistent with the nationwide emergency declaration
of March 13, 2020, concerning the coronavirus disease 2019 (COVID-19)
pandemic, it is the policy of my Administration to combat and respond to
COVID-19 with the full capacity and capability of the Federal Government
to protect and support our families, schools, and businesses, and to
assist State, local, Tribal, and territorial governments to do the same,
including through emergency and disaster assistance available from the
Federal Emergency Management Agency (FEMA).
Sec. 2. Assistance for Category B COVID-19 Emergency Protective
Measures. FEMA shall provide a 100 percent Federal cost share for all
work eligible for assistance under Public Assistance Category B,
pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and
503 (42 U.S.C. 5193) of the Stafford Act, including work described in
section 3(a) of the Presidential Memorandum of January 21, 2021
(Memorandum to Extend Federal Support to Governors' Use of the National
Guard to Respond to COVID-19 and to Increase Reimbursement and Other
Assistance Provided to States), and in section 2 of that memorandum on
the Governors' use of the National Guard, performed from January 20,
2020, through December 31, 2021.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Administrator of FEMA is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, August 17, 2021.
[[Page 806]]
Memorandum of August 18, 2021
Ensuring a Safe Return to In-Person School for the Nation's Children
Memorandum for the Secretary of 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. As the school year starts across the country, a top
priority of my Administration is to do everything in our power to ensure
a safe return to full-time, in-person school for our Nation's children.
With increased access to vaccinations for school staff and students age
12 and older, proven virus prevention strategies, and unprecedented
resources from the American Rescue Plan Act of 2021 (Public Law 117-2)
(American Rescue Plan) and other Federal pandemic relief funds, opening
all schools this fall for full-time, in-person learning is essential. At
the same time, the Centers for Disease Control and Prevention (CDC) has
made clear that, with the B.1.617.2 (Delta) variant driving an increase
in COVID-19 cases nationally, it is critical for schools to protect
students against exposure, especially given the number of children who
are ineligible to obtain the vaccine at this time. The CDC has provided
clear guidance to schools on how to adopt science-based strategies to
prevent the spread of COVID-19, and the Department of Education has
provided guidance to schools on how to reopen safely while addressing
the academic, social, emotional, and mental health needs of our Nation's
students.
Many Governors and other State and local officials have risen to the
challenge of beginning the new school year safely and responsibly by
implementing prevention and mitigation strategies to maximize the health
and safety of students, educators, and staff. The Federal Government is
supporting these efforts in critical ways. The American Rescue Plan
provides significant support to schools to develop and implement
science-based health protocols to prevent the spread of COVID-19.
Additionally, the Federal Emergency Management Agency is reimbursing
States, including their school districts, at 100 percent Federal cost
share to support the safe reopening and operation of school facilities
and to effectively maintain the health and safety of students,
educators, and staff.
At the same time, however, some State governments have adopted policies
and laws that interfere with the ability of schools and districts to
keep our children safe during in-person learning. Some of these policies
and laws have gone so far as to try to block school officials from
adopting safety protocols aligned with recommendations from the CDC to
protect students, educators, and staff. And some State officials have
even threatened to impose personal financial consequences on school
officials who are working tirelessly to put student health and safety
first and to comply with their legal obligations to their communities to
further the essential goal of a safe, in-person education for all
students.
Our priority must be the safety of students, families, educators, and
staff in our school communities. Nothing should interfere with this
goal.
Sec. 2. Department of Education Role in Ensuring a Safe Return to In-
Person School. (a) In furtherance of the policy set out in section 1 of
this
[[Page 807]]
memorandum, I direct the Secretary of Education to assess all available
tools in taking action, as appropriate and consistent with applicable
law, to ensure that:
(i) Governors and other officials are taking all appropriate steps to
prepare for a safe return to school for our Nation's children, including
not standing in the way of local leaders making such preparations; and
(ii) Governors and other officials are giving students the opportunity to
participate and remain in safe full-time, in-person learning without
compromising their health or the health of their families or communities.
(b) The Secretary of Education's assessment in subsection (a) of
this section shall include consideration of whether to take steps toward
the initiation of possible enforcement actions under applicable laws.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) You are authorized and directed to publish this memorandum in
the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, August 18, 2021.
Memorandum of August 27, 2021
Delegation of Authority Under Section 506(a)(1) of the Foreign
Assistance Act of 1961
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to the Secretary of State the
authority under section 506(a)(1) of the Foreign Assistance Act of 1961
to direct the drawdown of up to $60 million in defense articles and
services of the Department of Defense, and military education and
training, to provide assistance to Ukraine and to make the
determinations required under such section to direct such a drawdown.
[[Page 808]]
You are authorized and directed to publish this memorandum in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, August 27, 2021.
Notice of September 7, 2021
Continuation of the National Emergency With Respect to Foreign
Interference in or Undermining Public Confidence in United States
Elections
On September 12, 2018, by Executive Order 13848, the President declared
a national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the threat of foreign interference in or
undermining public confidence in United States elections.
Although there has been no evidence of a foreign power altering the
outcomes or vote tabulation in any United States election, foreign
powers have historically sought to exploit America's free and open
political system. In recent years, the proliferation of digital devices
and internet-based communications has created significant
vulnerabilities and magnified the scope and intensity of the threat of
foreign interference. The ability of persons located, in whole or in
substantial part, outside the United States to interfere in or undermine
public confidence in United States elections, including through the
unauthorized accessing of election and campaign infrastructure or the
covert distribution of propaganda and disinformation, continues to pose
an unusual and extraordinary threat to the national security and foreign
policy of the United States. For this reason, the national emergency
declared on September 12, 2018, must continue in effect beyond September
12, 2021. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency declared in Executive Order 13848 with respect to the
threat of foreign interference in or undermining public confidence in
United States elections.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 7, 2021.
[[Page 809]]
Presidential Determination No. 2021-12 of September 7, 2021
Continuation of the Exercise of Certain Authorities Under the Trading
With the Enemy Act
Memorandum for the Secretary of State [and] the Secretary of the
Treasury
Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. 4305
note), and a previous determination on September 9, 2020 (85 FR 57075,
September 14, 2020), the exercise of certain authorities under the
Trading With the Enemy Act is scheduled to expire on September 14, 2021.
I hereby determine that the continuation of the exercise of those
authorities with respect to Cuba for 1 year is in the national interest
of the United States.
Therefore, consistent with the authority vested in me by section 101(b)
of Public Law 95-223, I continue for 1 year, until September 14, 2022,
the exercise of those authorities with respect to Cuba, as implemented
by the Cuban Assets Control Regulations, 31 CFR part 515.
The Secretary of the Treasury is authorized and directed to publish this
determination in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, September 7, 2021.
Memorandum of September 7, 2021
Delegation of Authorities Under Sections 552(c)(2) and 506(a)(1) of the
Foreign Assistance Act of 1961
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to the Secretary of State the
authority under section 552(c)(2) of the Foreign Assistance Act of 1961
to direct the drawdown of up to $25 million in commodities and services
from the inventory and resources of any agency of the United States
Government to provide immediate assistance to the Lebanese Armed Forces.
I also hereby delegate to the Secretary of State the authority under
section 506(a)(1) of the Foreign Assistance Act of 1961 to direct the
drawdown of up to $22 million in defense articles and services from the
Department of Defense to provide immediate assistance to the Lebanese
Armed Forces. The Secretary of State is authorized to make the
appropriate congressional notification and determination required under
each section to direct such a drawdown.
[[Page 810]]
You are authorized and directed to publish this memorandum in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, September 7, 2021.
Notice of September 9, 2021
Continuation of the National Emergency With Respect to Certain Terrorist
Attacks
Consistent with section 202(d) of the National Emergencies Act, 50
U.S.C. 1622(d), I am continuing for 1 year the national emergency
previously declared on September 14, 2001, in Proclamation 7463, with
respect to the terrorist attacks of September 11, 2001, and the
continuing and immediate threat of further attacks on the United States.
Because the terrorist threat continues, the national emergency declared
on September 14, 2001, and the powers and authorities adopted to deal
with that emergency must continue in effect beyond September 14, 2021.
Therefore, I am continuing in effect for an additional year the national
emergency that was declared on September 14, 2001, with respect to the
terrorist threat.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 9, 2021.
Notice of September 15, 2021
Continuation of the National Emergency With Respect to Persons Who
Commit, Threaten To Commit, or Support Terrorism
On September 23, 2001, by Executive Order 13224, the President declared
a national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the grave acts of terrorism
and threats of terrorism committed by foreign terrorists, including the
terrorist attacks on September 11, 2001, in New York and Pennsylvania
and against the Pentagon, and the continuing and immediate threat of
further attacks against United States nationals or the United States.
[[Page 811]]
On September 9, 2019, the President signed Executive Order 13886 to
strengthen and consolidate sanctions to combat the continuing threat
posed by international terrorism and to take additional steps to deal
with the national emergency declared in Executive Order 13224, as
amended.
The actions of persons who commit, threaten to commit, or support
terrorism continue to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States. For
this reason, the national emergency declared in Executive Order 13224 of
September 23, 2001, as amended, and the measures adopted to deal with
that emergency, must continue in effect beyond September 23, 2021.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency with respect to persons who commit, threaten to commit, or
support terrorism declared in Executive Order 13224, as amended.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
September 15, 2021.
Presidential Determination No. 2021-13 of September 15, 2021
Presidential Determination on Major Drug Transit or Major Illicit Drug
Producing Countries for Fiscal Year 2022
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 706(1) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228)
(FRAA), I hereby identify the following countries as major drug transit
or major illicit drug producing countries: Afghanistan, The Bahamas,
Belize, Bolivia, Burma, Colombia, Costa Rica, the Dominican Republic,
Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos,
Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela.
A country's presence on the foregoing list is neither a reflection of
its government's counterdrug efforts nor level of cooperation with the
United States. Consistent with the statutory definition of a major drug
transit or major illicit drug producing country set forth in section
481(e)(2) and (5) of the Foreign Assistance Act of 1961, as amended
(Public Law 87-195) (FAA), the reason countries are placed on the list
is the combination of geographic, commercial, and economic factors that
allow drugs to be transited or produced, even if a government has
engaged in robust and diligent narcotics control and law enforcement
measures.
Pursuant to section 706(2)(A) of the FRAA, I hereby designate Bolivia
and Venezuela as having failed demonstrably to make substantial efforts
during the previous 12 months to both adhere to their obligations under
international counternarcotics agreements and to take the measures
required by
[[Page 812]]
section 489(a)(1) of the FAA. Included with this determination are
justifications for the designations of Bolivia and Venezuela, as
required by section 706(2)(B) of the FRAA. I have also determined, in
accordance with provisions of section 706(3)(A) of the FRAA, that United
States programs that support Bolivia and Venezuela are vital to the
national interests of the United States.
The ongoing drug addiction and overdose epidemic in the United States is
one of the foremost public health priorities of my Administration, and
addressing this epidemic will require both new domestic investments and
greater cooperation with foreign partners to target illicit drug
suppliers and the criminal organizations that profit from them. While
creating our first-year drug policy priorities, my Administration
outlined a strategy that includes expanding access to prevention,
treatment, evidence-based harm reduction, and recovery support services
in order to curb the drug addiction and overdose epidemic. The American
Rescue Plan Act of 2021 is an investment in these priorities, committing
nearly $4 billion to support behavioral health and substance use
disorder programs.
My Administration's Fiscal Year 2022 Budget request itemizes $10.7
billion to support research, prevention, treatment, evidence-based harm
reduction, and recovery support services, with targeted investments to
meet the needs of populations at greatest risk for overdose and
substance use disorder. The Budget request also includes significant
investments to reduce the supply of illicit drugs originating from
beyond our borders.
The United States is committed to working together with the countries of
the Western Hemisphere as neighbors and partners to meet our shared
challenges of drug trafficking and use. My Administration will seek to
expand cooperation with key partners, such as Mexico and Colombia, to
shape a collective and comprehensive response and expand efforts to
address the production and trafficking of dangerous synthetic drugs that
are responsible for many of our overdose deaths, particularly fentanyl,
fentanyl analogues, and methamphetamine. In Mexico, we must continue to
work together to intensify efforts to dismantle transnational criminal
organizations and their networks, increase prosecutions of criminal
leaders and facilitators, and strengthen efforts to seize illicit
assets. In Bolivia, I encourage the government to take additional steps
to safeguard the country's licit coca markets from criminal exploitation
and reduce illicit coca cultivation that continues to exceed legal
limits under Bolivia's domestic laws for medicinal and traditional use.
In addition, the United States will look to expand cooperation with
China, India, and other chemical source countries in order to disrupt
the global flow of synthetic drugs and their precursor chemicals.
You are authorized and directed to submit this designation, with the
Bolivia and Venezuela memoranda of justification, under section 706 of
the FRAA, to the Congress, and to publish this determination in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, September 15, 2021.
[[Page 813]]
Notice of October 6, 2021
Continuation of the National Emergency With Respect to the Situation in
and in Relation to Syria
On October 14, 2019, by Executive Order 13894, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the situation in and in relation to Syria.
The situation in and in relation to Syria, and in particular the actions
by the Government of Turkey to conduct a military offensive into
northeast Syria, undermines the campaign to defeat the Islamic State of
Iraq and Syria, or ISIS, endangers civilians, and further threatens to
undermine the peace, security, and stability in the region, and
continues to pose an unusual and extraordinary threat to the national
security and foreign policy of the United States. For this reason, the
national emergency declared in Executive Order 13894 of October 14,
2019, must continue in effect beyond October 14, 2021. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency
declared in Executive Order 13894 with respect to the situation in and
in relation to Syria.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
October 6, 2021.
Presidential Determination No. 2022-01 of October 8, 2021
Presidential Determination and Certification With Respect to the Child
Soldiers Prevention Act of 2008
Memorandum for the Secretary of State
Pursuant to section 404 of the Child Soldiers Prevention Act of 2008 (22
U.S.C. 2370c-1) (CSPA), I hereby:
Determine that it is in the national interest of the United States to
waive the application of the prohibition in section 404(a) of the CSPA
with respect to Iraq, Nigeria, Pakistan, and Turkey; to waive in part
the application of the prohibition in section 404(a) of the CSPA with
respect to the Democratic Republic of the Congo to allow for the
provision of International Military Education and Training (IMET) and
Peacekeeping Operations (PKO) assistance, to the extent that the CSPA
would restrict such assistance or support; to waive in part the
application of the prohibition in section 404(a) of the CSPA with
respect to Libya, Somalia, and Yemen to allow for the provision of IMET
and PKO assistance and support provided pursuant to 10 U.S.C. 333, to
the extent that the CSPA would restrict such assistance or support; to
waive in part the application of the prohibition
[[Page 814]]
in section 404(a) of the CSPA with respect to South Sudan to allow for
the provision of PKO assistance, to the extent that the CSPA would
restrict such assistance; and, to waive the application of the
prohibition in section 404(a) of the CSPA with respect to allowing for
the issuance of licenses for direct commercial sales related to other
United States Government assistance for the above countries; and
Certify that the governments of the above countries are taking effective
and continuing steps to address the problem of child soldiers.
Accordingly, I hereby waive such applications of section 404(a) of the
CSPA.
You are authorized and directed to submit this determination to the
Congress, along with the Memorandum of Justification, and to publish
this determination in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, October 8, 2021.
Presidential Determination No. 2022-02 of October 8, 2021
Presidential Determination on Refugee Admissions for Fiscal Year 2022
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States, in accordance with section 207 of the
Immigration and Nationality Act (the ``Act'') (8 U.S.C. 1157), and after
appropriate consultations with the Congress, I hereby make the following
determinations and authorize the following actions:
The admission of up to 125,000 refugees to the United States during
Fiscal Year (FY) 2022 is justified by humanitarian concerns or is
otherwise in the national interest.
The admissions numbers shall be allocated among refugees of special
humanitarian concern to the United States in accordance with the
following regional allocations:
Africa....................................... 40,000
East Asia.................................... 15,000
Europe and Central Asia...................... 10,000
Latin America/Caribbean...................... 15,000
Near East/South Asia......................... 35,000
Unallocated Reserve.......................... 10,000
The 10,000 unallocated refugee numbers shall be allocated to regional
ceilings, as needed. Upon providing notification to the Judiciary
Committees of the Congress, you are hereby authorized to use unallocated
admissions in regions where the need for additional admissions arises.
Additionally, upon notification to the Judiciary Committees of the
Congress, you are further authorized to transfer unused admissions
allocated to
[[Page 815]]
a particular region to one or more other regions, if there is a need for
greater admissions for the region or regions to which the admissions are
being transferred.
Consistent with section 2(b)(2) of the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601(b)(2)), I hereby determine that assistance
to or on behalf of persons applying for admission to the United States
as part of the overseas refugee admissions program will contribute to
the foreign policy interests of the United States and designate such
persons for this purpose.
Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)),
and after appropriate consultation with the Congress, I also specify
that, for FY 2022, the following persons may, if otherwise qualified, be
considered refugees for the purpose of admission to the United States
within their countries of nationality or habitual residence:
Persons in Cuba;
Persons in Eurasia and the Baltics;
Persons in Iraq;
Persons in El Salvador, Guatemala, and Honduras; and
In certain circumstances, persons identified by a United States
Embassy in any location.
You are authorized and directed to publish this determination in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, October 8, 2021.
Notice of October 12, 2021
Continuation of the National Emergency With Respect to Significant
Narcotics Traffickers Centered in Colombia
On October 21, 1995, by Executive Order 12978, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the actions of significant
narcotics traffickers centered in Colombia and the extreme level of
violence, corruption, and harm such actions cause in the United States
and abroad.
The actions of significant narcotics traffickers centered in Colombia
continue to pose an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States and cause an
extreme level of violence, corruption, and harm in the United States and
abroad. For this reason, the national emergency declared in Executive
Order 12978 of October 21, 1995, must continue in effect beyond October
21, 2021. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to significant narcotics traffickers
centered in Colombia declared in Executive Order 12978.
[[Page 816]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
October 12, 2021.
Memorandum of October 22, 2021
Temporary Certification Regarding Disclosure of Information in Certain
Records Related to the Assassination of President John F. Kennedy
Memorandum for the Heads of Executive Departments and Agencies
Section 1. Policy. In the President John F. Kennedy Assassination
Records Collection Act of 1992 (44 U.S.C. 2107 note) (the ``Act''), the
Congress declared that ``all Government records concerning the
assassination of President John F. Kennedy . . . should be eventually
disclosed to enable the public to become fully informed about the
history surrounding the assassination.'' The Congress also found that
``most of the records related to the assassination of President John F.
Kennedy are almost 30 years old, and only in the rarest cases is there
any legitimate need for continued protection of such records.'' Almost
30 years since the Act, the profound national tragedy of President
Kennedy's assassination continues to resonate in American history and in
the memories of so many Americans who were alive on that terrible day;
meanwhile, the need to protect records concerning the assassination has
only grown weaker with the passage of time. It is therefore critical to
ensure that the United States Government maximizes transparency,
disclosing all information in records concerning the assassination,
except when the strongest possible reasons counsel otherwise.
Sec. 2. Background. The Act permits the continued postponement of
disclosure of information in records concerning President Kennedy's
assassination only when postponement remains necessary to protect
against an identifiable harm to the military defense, intelligence
operations, law enforcement, or the conduct of foreign relations that is
of such gravity that it outweighs the public interest in disclosure.
Since 2018, executive departments and agencies (agencies) have been
reviewing under this statutory standard each redaction they have
proposed that would result in the continued postponement of full public
disclosure. This year, the National Archives and Records Administration
(NARA) has been reviewing whether it agrees that each redaction
continues to meet the statutory standard. The Archivist of the United
States (Archivist), however, has reported that ``unfortunately, the
pandemic has had a significant impact on the agencies'' and NARA and
that NARA ``require[s] additional time to engage with the agencies and
to conduct research within the larger collection to maximize the amount
of information released.'' The Archivist has also noted that ``making
these decisions is a matter that requires a professional, scholarly, and
orderly process; not decisions or releases made in haste.'' The
Archivist therefore recommends that the President ``temporarily certify
the continued withholding of all of the information certified in 2018''
and ``direct two
[[Page 817]]
public releases of the information that has'' ultimately ``been
determined to be appropriate for release to the public,'' with one
interim release later this year and one more comprehensive release in
late 2022.
Sec. 3. Temporary Certification. In light of the agencies' proposals for
continued postponement under the statutory standard, the Archivist's
request for an extension of time to engage with the agencies, and the
need for an appropriate review and disclosure process, I agree with the
Archivist's recommendation. Temporary continued postponement is
necessary to protect against identifiable harm to the military defense,
intelligence operations, law enforcement, or the conduct of foreign
relations that is of such gravity that it outweighs the public interest
in immediate disclosure. Accordingly, by the authority vested in me as
President by the Constitution and the laws of the United States of
America, including section 5(g)(2)(D) of the Act, I hereby certify that
all information within records that agencies have proposed for continued
postponement under section 5(g)(2)(D) shall be withheld from full public
disclosure until December 15, 2022.
Sec. 4. Interim Release. Any information currently withheld from public
disclosure that agencies have not proposed for continued postponement
shall be reviewed by NARA before December 15, 2021, and shall be
publicly released on that date. Out of respect for the anniversary of
President Kennedy's assassination, such release shall not occur before
December 15, 2021.
Sec. 5. Intensive 1-Year Review. (a) Over the next year, agencies
proposing continued postponement and NARA shall conduct an intensive
review of each remaining redaction to ensure that the United States
Government maximizes transparency, disclosing all information in records
concerning the assassination, except when the strongest possible reasons
counsel otherwise. This review shall include documents within the
assassination records collection designated as ``not believed relevant''
by the Assassination Records Review Board established under the Act, but
nonetheless placed within the collection by the Assassination Records
Review Board.
(b) Any information that an agency proposes for continued
postponement beyond December 15, 2022, shall be limited to the absolute
minimum under the statutory standard. An agency shall not propose to
continue redacting information unless the redaction is necessary to
protect against an identifiable harm to the military defense,
intelligence operations, law enforcement, or the conduct of foreign
relations that is of such gravity that it outweighs the public interest
in disclosure. In applying this statutory standard, an agency shall:
(i) Accord substantial weight to the public interest in transparency and
full disclosure of any record that falls within the scope of the Act; and
(ii) Give due consideration that some degree of harm is not grounds for
continued postponement unless the degree of harm is of such gravity that it
outweighs the public interest.
(c) For any record containing information that an agency proposes
for continued postponement beyond December 15, 2022, the agency shall
provide, no later than December 15, 2021:
(i) an unclassified letter, to be signed by the head of the agency,
providing a written description of the types of information for which the
[[Page 818]]
agency is proposing continued postponement and reasons for which the agency
is proposing continued postponement of such information;
(ii) an unclassified index identifying for each such record the reasons for
which the agency is proposing continued postponement of information in such
record; and
(iii) a specific proposed date identifying for each such record when the
agency reasonably anticipates that continued postponement of information in
such record no longer would be necessary or, if that is not possible, a
specific proposed date for each such record identifying when the agency
would propose to next review again after December 15, 2022, whether the
information proposed for continued postponement in such record still
satisfies the statutory standard for postponement.
(d) NARA shall review each proposed redaction, no later than
September 1, 2022, in consultation with:
(i) The Department of Defense if the agency proposing the redaction asserts
an anticipated harm to the military defense;
(ii) The Office of the Director of National Intelligence if the agency
proposing the redaction asserts an anticipated harm to intelligence
operations;
(iii) The Department of Justice if the agency proposing the redaction
asserts an anticipated harm to law enforcement; and
(iv) The Department of State if the agency proposing the redaction asserts
an anticipated harm to the conduct of foreign relations.
(e) The relevant consulting agency, as designated pursuant to
subsection (d) of this section, shall provide its assessment to NARA as
to whether the information proposed for continued postponement satisfies
the statutory standard for such postponement. In reviewing a proposed
redaction, NARA or the relevant consulting agency, as designated
pursuant to subsection (d) of this section, should consult with the
agency that proposed the redaction.
(f) If NARA does not agree that a proposed redaction meets the
statutory standard for continued postponement, it shall inform the
agency that proposed the redaction. After consultation with NARA, the
agency that proposed the redaction may, no later than October 1, 2022:
(i) withdraw the proposed redaction; or
(ii) refer the decision on continued postponement to the President through
the Counsel to the President, accompanied by an explanation of why
continued postponement remains necessary to protect against an identifiable
harm to the military defense, intelligence operations, law enforcement, or
the conduct of foreign relations that is of such gravity that it outweighs
the public interest in disclosure.
(g) If NARA agrees that a proposed redaction meets the asserted
statutory standard for continued postponement, the Archivist shall
recommend to the President, no later than October 1, 2022, that
continued postponement from public disclosure of the information is
warranted after December 15, 2022.
[[Page 819]]
(h) At the conclusion of the 1-year review, any information still
withheld from public disclosure that agencies do not propose for
continued postponement beyond December 15, 2022, shall be released to
the public on that date.
(i) At the conclusion of the 1-year review, each unclassified letter
described in subsection (c)(i) of this section and each unclassified
index described in subsection (c)(ii) of this section shall be disclosed
to the public on December 15, 2022, with any updates made to account for
any information initially proposed for continued postponement that is
not postponed from public disclosure beyond December 15, 2022.
Sec. 6. Digitization and Democratization of Records. (a) Since the
1990s, more than 250,000 records concerning President Kennedy's
assassination--more than 90 percent of NARA's collection--have been
released in full to the public. Only a small fraction of the records
contains any remaining redactions. But many records that have been fully
disclosed are inaccessible to most members of the public unless they
travel to NARA's location in College Park, Maryland.
(b) The Archivist shall issue a plan, no later than December 15,
2021, to digitize and make available online NARA's entire collection of
records concerning President Kennedy's assassination.
(c) The Archivist shall provide additional context online about the
records that have been withheld in full under sections 10 and 11 of the
Act--primarily documents containing tax-related information of the
Internal Revenue Service or the Social Security Administration--that are
not subject to the Presidential certification requirement under section
5 of the Act.
Sec. 7. Publication. The Archivist is hereby authorized and directed to
publish this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, October 22, 2021.
Presidential Determination No. 2022-03 of October 22, 2021
Unexpected Urgent Refugee and Migration Needs
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 2(c)(1) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(1))
(MRAA), I hereby determine, pursuant to section 2(c)(1) of the MRAA,
that it is important to the national interest to furnish assistance
under the MRAA in an amount not to exceed $976.1 million from the United
States Emergency Refugee and Migration Assistance Fund for the purpose
of meeting unexpected urgent refugee and migration needs to support
Operation Allies Welcome and related efforts by the Department of State,
including additional relocations
[[Page 820]]
of individuals at risk as a result of the situation in Afghanistan and
related expenses. Such assistance may be provided on a bilateral or
multilateral basis as appropriate, including through contributions to
international organizations and through funding to other nongovernmental
organizations, governments, and United States departments and agencies.
You are authorized and directed to submit this determination to the
Congress, along with the accompanying Justification, and to publish this
determination in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, October 22, 2021.
Notice of October 25, 2021
Continuation of the National Emergency With Respect to the Democratic
Republic of the Congo
On October 27, 2006, by Executive Order 13413, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the foreign policy of the United States
constituted by the situation in or in relation to the Democratic
Republic of the Congo, which has been marked by widespread violence and
atrocities that continue to threaten regional stability. The President
took additional steps to address this national emergency in Executive
Order 13671 of July 8, 2014.
The situation in or in relation to the Democratic Republic of the Congo
continues to pose an unusual and extraordinary threat to the foreign
policy of the United States. For this reason, the national emergency
declared in Executive Order 13413 of October 27, 2006, as amended by
Executive Order 13671 of July 8, 2014, must continue in effect beyond
October 27, 2021. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year
the national emergency with respect to the situation in or in relation
to the Democratic Republic of the Congo declared in Executive Order
13413, as amended by Executive Order 13671.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
October 25, 2021.
[[Page 821]]
Notice of October 28, 2021
Continuation of the National Emergency With Respect to Sudan
On November 3, 1997, by Executive Order 13067, the President declared a
national emergency with respect to Sudan pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706), and took related
steps to deal with the unusual and extraordinary threat to the national
security and foreign policy of the United States posed by the actions
and policies of the Government of Sudan. On April 26, 2006, by Executive
Order 13400, the President determined that the conflict in Sudan's
Darfur region posed an unusual and extraordinary threat to the national
security and foreign policy of the United States, expanded the scope of
the national emergency declared in Executive Order 13067, and ordered
the blocking of property of certain persons connected to the Darfur
region. On October 13, 2006, by Executive Order 13412, the President
took additional steps with respect to the national emergency declared in
Executive Order 13067 and expanded in Executive Order 13400. In
Executive Order 13412, the President also took steps to implement the
Darfur Peace and Accountability Act of 2006 (Public Law 109-344).
On January 13, 2017, by Executive Order 13761, the President found that
positive efforts by the Government of Sudan between July 2016 and
January 2017 improved certain conditions that Executive Orders 13067 and
13412 were intended to address. Given these developments, and in order
to encourage the Government of Sudan to sustain and enhance these
efforts, section 1 of Executive Order 13761 provided that sections 1 and
2 of Executive Order 13067 and the entirety of Executive Order 13412
would be revoked as of July 12, 2017, provided that the criteria in
section 12(b) of Executive Order 13761 had been met.
On July 11, 2017, by Executive Order 13804, the President amended
Executive Order 13761, extending until October 12, 2017, the effective
date in section 1 of Executive Order 13761. On October 12, 2017,
pursuant to Executive Order 13761, as amended by Executive Order 13804,
sections 1 and 2 of Executive Order 13067 and the entirety of Executive
Order 13412 were revoked.
Sudan made strides in its transition toward democracy since 2019, but
the military takeover of the government and arrest of civilian leaders
now threaten those positive gains. The crisis that led to the
declaration of a national emergency in Executive Order 13067 of November
3, 1997; the expansion of that emergency in Executive Order 13400 of
April 26, 2006; and the taking of additional steps with respect to that
emergency in Executive Order 13412 of October 13, 2006, Executive Order
13761 of January 13, 2017, and Executive Order 13804 of July 11, 2017,
has not been resolved. The situation in Darfur continues to pose an
unusual and extraordinary threat to the national security and foreign
policy of the United States. For this reason, the national emergency
declared in Executive Order 13067, as expanded by Executive Order 13400,
must continue in effect beyond November 3, 2021.
[[Page 822]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
October 28, 2021.
Memorandum of October 29, 2021
Delegation of Functions and Authorities Under Section 1299F(i) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, I hereby delegate to the Secretary of State all
functions and authorities vested in the President by section 1299F(i) of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
Any reference herein to the Act related to the subject of this
memorandum shall be deemed to include references to any hereafter-
enacted provisions of law that are the same or substantially the same as
such provisions.
You are authorized and directed to publish this memorandum in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, October 29, 2021.
Notice of November 9, 2021
Continuation of the National Emergency With Respect to Iran
On November 14, 1979, by Executive Order 12170, the President declared a
national emergency with respect to Iran pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and took related
steps to deal with the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States constituted
by the situation in Iran.
Our relations with Iran have not yet normalized, and the process of
implementing the agreements with Iran, dated January 19, 1981, is
ongoing. For this reason, the national emergency declared on November
14, 1979, and
[[Page 823]]
the measures adopted on that date to deal with that emergency, must
continue in effect beyond November 14, 2021. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency with respect to Iran
declared in Executive Order 12170.
The emergency declared by Executive Order 12170 is distinct from the
emergency declared in Executive Order 12957 on March 15, 1995. This
renewal, therefore, is distinct from the emergency renewal of March 5,
2021.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
November 9, 2021.
Notice of November 9, 2021
Continuation of the National Emergency With Respect to the Threat From
Securities Investments That Finance Certain Companies of the People's
Republic of China
On November 12, 2020, by Executive Order 13959, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the threat from securities
investments that finance certain companies of the People's Republic of
China (PRC).
The President found that the PRC is increasingly exploiting United
States capital to resource and enable the development and modernization
of its military, intelligence, and other security apparatuses, which
continues to allow the PRC to directly threaten the United States
homeland and United States forces overseas. Through the national
strategy of Military-Civil Fusion, the PRC increases the size of the
country's military-industrial complex by compelling civilian Chinese
companies to support its military and intelligence activities. Those
companies, though remaining ostensibly private and civilian, directly
support the PRC's military, intelligence, and security apparatuses and
aid in their development and modernization. At the same time, those
companies raise capital by selling securities to United States investors
that trade on public exchanges both here and abroad, lobbying United
States index providers and funds to include these securities in market
offerings, and engaging in other acts to ensure access to United States
capital.
The President further found that the PRC's military-industrial complex,
by directly supporting the efforts of the PRC's military, intelligence,
and other security apparatuses, constituted an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States.
On January 13, 2021, the President signed Executive Order 13974 amending
Executive Order 13959.
[[Page 824]]
On June 3, 2021, I signed Executive Order 14032, which expanded the
scope of the national emergency declared in Executive Order 13959. I
found that additional steps are necessary to address that national
emergency, including the threat posed by the military-industrial complex
of the PRC and its involvement in military, intelligence, and security
research and development programs, and weapons and related equipment
production under the PRC's Military-Civil Fusion strategy. In addition,
I found that the use of Chinese surveillance technology outside the PRC
and the development or use of Chinese surveillance technology to
facilitate repression or serious human rights abuse constituted unusual
and extraordinary threats to the national security, foreign policy, and
economy of the United States, and I expanded the national emergency to
address these threats. Executive Order 14032 amended Executive Order
13959 and revoked Executive Order 13974 in its entirety.
The threat from securities investments that finance certain companies of
the PRC and certain uses and development of Chinese surveillance
technology continue to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States.
For this reason, the national emergency declared in Executive Order
13959 of November 12, 2020, expanded in scope by Executive Order 14032
of June 3, 2021, must continue in effect beyond November 12, 2021.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared in Executive Order 13959 with respect to the threat
from securities investments that finance certain companies of the PRC
and expanded in Executive Order 14032.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
November 9, 2021.
Memorandum of November 9, 2021
Maximizing Assistance To Respond to COVID-19
Memorandum for the Secretary of Homeland Security [and] the
Administrator of the Federal Emergency Management Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the
``Stafford Act''), I hereby order as follows:
Section 1. Policy. It is the policy of my Administration to combat and
respond to the coronavirus disease 2019 (COVID-19) pandemic with the
full capacity and capability of the Federal Government to protect and
support our families, schools, and businesses, and to assist State,
local, Tribal, and territorial governments to do the same, including
through emergency and disaster assistance available from the Federal
Emergency Management
[[Page 825]]
Agency (FEMA) and through Federal support of the Governors' use of the
National Guard.
Sec. 2. Assistance for Category B COVID-19 Emergency Protective
Measures. FEMA shall provide a 100 percent Federal cost share for all
work eligible for assistance under Public Assistance Category B,
pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and
503 (42 U.S.C. 5193) of the Stafford Act, including work described in
section 3(a) of the Presidential Memorandum of January 21, 2021
(Memorandum to Extend Federal Support to Governors' Use of the National
Guard to Respond to COVID-19 and to Increase Reimbursement and Other
Assistance Provided to States), and in section 2 of that memorandum on
the Governors' use of the National Guard, performed from January 20,
2020, through April 1, 2022.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Administrator of FEMA is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, November 9, 2021.
Notice of November 10, 2021
Continuation of the National Emergency With Respect to the Proliferation
of Weapons of Mass Destruction
On November 14, 1994, by Executive Order 12938, the President declared a
national emergency with respect to the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States posed by the proliferation of nuclear, biological, and chemical
weapons (weapons of mass destruction) and the means of delivering such
weapons. On July 28, 1998, by Executive Order 13094, the President
amended Executive Order 12938 to respond more effectively to the
worldwide threat of weapons of mass destruction proliferation
activities. On June 28, 2005, by Executive Order 13382, the President,
among other things, further amended Executive Order 12938 to improve our
ability to combat proliferation. The
[[Page 826]]
proliferation of weapons of mass destruction and the means of delivering
them continues to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States. For
this reason, the national emergency declared in Executive Order 12938 of
November 14, 1994, with respect to the proliferation of weapons of mass
destruction and the means of delivering such weapons must continue
beyond November 14, 2021. Therefore, in accordance with section 202(d)
of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for
1 year the national emergency declared in Executive Order 12938, as
amended.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
November 10, 2021.
Presidential Determination No. 2022-04 of November 12, 2021
Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of
the National Defense Authorization Act for Fiscal Year 2012
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,
and] the Secretary of Energy
By the authority vested in me as President by the Constitution and the
laws of the United States, after carefully considering the reports
submitted to the Congress by the Energy Information Administration,
including the report submitted in August 2021, and other relevant
factors, including global economic conditions, the level of spare
capacity, and the availability of strategic reserves, I determine,
pursuant to section 1245(d)(4)(B) and (C) of the National Defense
Authorization Act for Fiscal Year 2012, Public Law 112-81, and
consistent with prior determinations, that there is a sufficient supply
of petroleum and petroleum products from countries other than Iran to
permit a significant reduction in the volume of petroleum and petroleum
products purchased from Iran by or through foreign financial
institutions.
I will continue to monitor this situation closely.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, November 12, 2021.
[[Page 827]]
Notice of November 16, 2021
Continuation of the National Emergency With Respect to the Situation in
Nicaragua
On November 27, 2018, by Executive Order 13851, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States constituted by the situation in Nicaragua.
The situation in Nicaragua, including the violent response by the
Government of Nicaragua to the protests that began on April 18, 2018,
and the Ortega regime's systematic dismantling and undermining of
democratic institutions and the rule of law, its use of indiscriminate
violence and repressive tactics against civilians, as well as its
corruption leading to the destabilization of Nicaragua's economy,
continues to pose an unusual and extraordinary threat to the national
security and foreign policy of the United States. For this reason, the
national emergency declared on November 27, 2018, must continue in
effect beyond November 27, 2021. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13851 with respect to the situation in Nicaragua.
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
November 16, 2021.
Notice of December 16, 2021
Continuation of the National Emergency With Respect to Serious Human
Rights Abuse and Corruption
On December 20, 2017, by Executive Order 13818, the President declared a
national emergency with respect to serious human rights abuse and
corruption around the world and, pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), took related steps to deal
with the unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States.
The prevalence and severity of human rights abuse and corruption that
have their source, in whole or in substantial part, outside the United
States, continue to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States. For
this reason, the national emergency declared on December 20, 2017, must
continue in effect beyond December 20, 2021. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency declared in Executive
Order 13818 with respect to serious human rights abuse and corruption.
[[Page 828]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
December 16, 2021.
Presidential Determination No. 2022-07 of December 21, 2021
Presidential Determination Pursuant to Section 303 of the Defense
Production Act of 1950, as Amended
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 303 of the
Defense Production Act of 1950, as amended (the ``Act'') (50 U.S.C.
4533), I hereby determine, pursuant to section 303(a)(5) of the Act,
that:
(1) Large Scale Fabrication, Shipbuilding Industrial Base Expansion
for Resilience and Robustness, and Maritime Workforce Training Pipelines
in support of Virginia Class attack submarine production are industrial
resources, materials, or critical technology items essential to the
national defense;
(2) without Presidential action under section 303 of the Act, United
States industry cannot reasonably be expected to provide the capability
for the needed industrial resource, material, or critical technology
item in a timely manner; and
(3) purchases, purchase commitments, or other action pursuant to
section 303 of the Act are the most cost-effective, expedient, and
practical alternative method for meeting the need.
Pursuant to section 303(a)(7)(B) of the Act, I find that action to
expand the domestic production capability for these supply chains is
necessary to avert an industrial resource or critical technology item
shortfall that would severely impair national defense capability.
Therefore, I waive the requirements of section 303(a)(l)-(a)(6) of the
Act for the purpose of expanding the domestic production capability for
these supply chains.
Ensuring a robust, resilient, and competitive domestic defense
industrial base that has the capability, capacity, and workforce to meet
the Virginia Class submarine undersea warfighting mission is essential
to our national security.
You are authorized and directed to publish this determination in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, December 21, 2021.
[[Page 829]]
Presidential Determination No. 2022-08 of December 21, 2021
Presidential Determination Pursuant to Section 303 of the Defense
Production Act of 1950, as Amended
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 303 of the
Defense Production Act of 1950, as amended (the ``Act'') (50 U.S.C.
4533), I hereby determine, pursuant to section 303(a)(5) of the Act,
that:
(1) Radiation-Hardened and Strategic Radiation-Hardened
Microelectronics, their components, and the manufacturing systems to
produce such systems and components are industrial resources, materials,
or critical technology items essential to the national defense;
(2) without Presidential action under section 303 of the Act, United
States industry cannot reasonably be expected to provide the capability
for the needed industrial resource, material, or critical technology
item in a timely manner; and
(3) purchases, purchase commitments, or other action pursuant to
section 303 of the Act are the most cost-effective, expedient, and
practical alternative method for meeting the need.
Pursuant to section 303(a)(7)(B) of the Act, I find that action to
expand the domestic production capability for Radiation-Hardened and
Strategic Radiation-Hardened Microelectronics is necessary to avert an
industrial resource or critical technology item shortfall that would
severely impair national defense capability. Therefore, I waive the
requirements of section 303(a)(l)-(a)(6) of the Act for the purpose of
expanding the domestic production capability for these supply chains.
You are authorized and directed to publish this determination in the
Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, December 21, 2021.
Memorandum of December 27, 2021
Maximizing Assistance to Respond to COVID-19
Memorandum for the Secretary of Health and Human Services[,] the
Secretary of Homeland Security[, and] the Administrator of the Federal
Emergency Management Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the
``Stafford Act''), I hereby order as follows:
Section 1. Policy. It is the policy of my Administration to combat and
respond to the coronavirus disease 2019 (COVID-19) pandemic with the
full
[[Page 830]]
capacity and capability of the Federal Government to protect and support
our families, schools, and businesses, and to assist State, local,
Tribal, and territorial governments to do the same. This policy includes
the use of emergency and disaster assistance available from the Federal
Emergency Management Agency (FEMA) to get COVID-19 testing to the places
that need it most.
Sec. 2. Assistance for COVID-19 Screening as an Emergency Protective
Measure. (a) With respect to a request to FEMA from any State, Tribal,
or territorial government for direct Federal assistance to establish or
expand COVID-19 testing sites, the Administrator of FEMA shall issue a
mission assignment to the Department of Health and Human Services (HHS),
on a fully reimbursable basis, to provide testing sites, launched and
operated by HHS in close coordination with State, local, Tribal, and
territorial public health departments.
(b) FEMA's mission assignments will require HHS to adjudicate State,
Tribal, and territorial requests through the Emergency Support Function
8 Advisory Council.
(c) FEMA shall fund 100 percent of the cost of activities associated
with the mission assignments to HHS to provide COVID-19 testing sites as
described in section 2(a) of this memorandum, as authorized by sections
403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of
the Stafford Act.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Administrator of FEMA is authorized and directed to publish
this memorandum in the Federal Register.
JOSEPH R. BIDEN, JR.
THE WHITE HOUSE,
Washington, December 27, 2021.
[[Page 831]]
Appendices--Other Presidential Documents
________________________________________________________________________
Editorial note: The following tables include documents issued by the
Executive Office of the President and published in the Federal Register
but not included in title 3 of the Code of Federal Regulations.
________________________________________________________________________
Appendix A--List of Messages to Congress Transmitting Budget Rescissions
and Deferrals
________________________________________________________________________
Date of Message 86 FR
Page
January 14, 2021....................................................6673
January 31, 2021....................................................8223
[[Page 833]]
CHAPTER I--EXECUTIVE OFFICE OF THE PRESIDENT
--------------------------------------------------------------------
Part Page
100 Standards of conduct........................ 834
101 Public information provisions of the
Administrative Procedures Act........... 834
102 Enforcement of nondiscrimination on the
basis of handicap in programs or
activities conducted by the Executive
Office of the President................. 834
[[Page 834]]
PART 100_STANDARDS OF CONDUCT--Table of Contents
Authority: 5 U.S.C. 7301.
Source: 64 FR 12881, Mar. 16, 1999, unless otherwise noted.
Sec. 100.1 Ethical conduct standards and financial disclosure regulations.
Employees of the Executive Office of the President are subject to
the executive branch-wide standards of ethical conduct at 5 CFR part
2635, and the executive branch-wide financial disclosure regulations at
5 CFR part 2634.
PART 101_PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT--Table of Contents
Sec.
101.1 Executive Office of the President.
101.2 Office of Management and Budget.
101.4 National Security Council.
101.5 Council on Environmental Quality.
101.6 Office of National Drug Control Policy.
101.7 Office of Science and Technology Policy.
101.8 Office of the United States Trade Representative.
Authority: 5 U.S.C. 552.
Source: 40 FR 8061, Feb. 25, 1975; 55 FR 46067, Nov. 1, 1990, unless
otherwise noted.
Sec. 101.1 Executive Office of the President.
Until further regulations are promulgated, the remainder of the
entities within the Executive Office of the President, to the extent
that 5 U.S.C. 552 is applicable, shall follow the procedures set forth
in the regulations applicable to the Office of Management and Budget (5
CFR Ch. III). Requests for information from these other entities should
be submitted directly to such entity.
Sec. 101.2 Office of Management and Budget.
Freedom of Information regulations for the Office of Management and
Budget appear at 5 CFR Ch. III.
Sec. 101.4 National Security Council.
Freedom of Information regulations for the National Security Council
appear at 32 CFR Ch. XXI.
Sec. 101.5 Council on Environmental Quality.
Freedom of Information regulations for the Council on Environmental
Quality appear at 40 CFR Ch. V.
[42 FR 65131, Dec. 30, 1977]
Sec. 101.6 Office of National Drug Control Policy.
Freedom of Information regulations for the Office of National Drug
Control Policy appear at 21 CFR parts 1400-1499.
[55 FR 46037, Nov. 1, 1990]
Sec. 101.7 Office of Science and Technology Policy.
Freedom of Information regulations for the Office of Science and
Technology Policy appear at 32 CFR part 2402.
[55 FR 46037, Nov. 1, 1990]
Sec. 101.8 Office of the United States Trade Representative.
Freedom of Information regulations for the Office of the United
States Trade Representative appear at 15 CFR part 2004.
[55 FR 46037, Nov. 1, 1990]
PART 102_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE EXECUTIVE OFFICE OF THE PRESIDENT--Table of Contents
Sec.
102.101 Purpose.
102.102 Application.
102.103 Definitions.
102.104-102.109 [Reserved]
102.110 Self-evaluation.
102.111 Notice.
102.112-102.129 [Reserved]
102.130 General prohibitions against discrimination.
102.131-102.139 [Reserved]
102.140 Employment.
102.141-102.148 [Reserved]
102.149 Program accessibility: Discrimination prohibited.
[[Page 835]]
102.150 Program accessibility: Existing facilities.
102.151 Program accessibility: New construction and alterations.
102.152-102.159 [Reserved]
102.160 Communications.
102.161-102.169 [Reserved]
102.170 Compliance procedures.
102.171-102.999 [Reserved]
Authority: 29 U.S.C. 794.
Source: 53 FR 25879, July 8, 1988, unless otherwise noted.
Sec. 102.101 Purpose.
The purpose of this regulation is to effectuate section 119 of the
Rehabilitation, Comprehensive Services, and Developmental Disabilities
Amendments of 1978, which amended section 504 of the Rehabilitation Act
of 1973 to prohibit discrimination on the basis of handicap in programs
or activities conducted by Executive agencies or the United States
Postal Service.
Sec. 102.102 Application.
This regulation (Sec. Sec. 102.101-102.170) applies to all programs
or activities conducted by the agency, except for programs or activities
conducted outside the United States that do not involve individuals with
handicaps in the United States.
Sec. 102.103 Definitions.
For purposes of this regulation, the term--
Agency means, for purposes of this regulation only, the following
entities in the Executive Office of the President: the White House
Office, the Office of the Vice President, the Office of Management and
Budget, the Office of Policy Development, the National Security Council,
the Office of Science and Technology Policy, the Office of the United
States Trade Representative, the Council on Environmental Quality, the
Council of Economic Advisers, the Office of Administration, the Office
of Federal Procurement Policy, and any committee, board, commission, or
similar group established in the Executive Office of the President.
Agency head or head of the agency; as used in Sec. Sec.
102.150(a)(3), 102.160(d) and 102.170 (i) and (j), shall be a three-
member board which will include the Director, Office of Administration,
the head of the Executive Office of the President, agency in which the
issue needing resolution or decision arises and one other agency head
selected by the two other board members. In the event that an issue
needing resolution or decision arises within the Office of
Administration, one of the board members shall be the Director of the
Office of Management and Budget.
Assistant Attorney General means the Assistant Attorney General,
Civil Rights Division, United States Department of Justice.
Auxiliary aids means services or devices that enable persons with
impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in, and enjoy the benefits of, programs or
activities conducted by the agency. For example, auxiliary aids useful
for persons with impaired vision include readers, Brailled materials,
audio recordings, and other similar services and devices. Auxiliary aids
useful for persons with impaired hearing include telephone handset
amplifiers, telephones compatible with hearing aids, telecommunication
devices for deaf persons (TDD's), interpreters, notetakers, written
materials, and other similar services and devices.
Complete complaint means a written statement that contains the
complainant's name and address and describes the agency's alleged
discriminatory action in sufficient detail to inform the agency of the
nature and date of the alleged violation of section 504. It shall be
signed by the complainant or by someone authorized to do so on his or
her behalf. Complaints filed on behalf of classes or third parties shall
describe or identify (by name, if possible) the alleged victims of
discrimination.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
Historic preservation programs means programs conducted by the
agency that have preservation of historic properties as a primary
purpose.
Historic properties means those properties that are listed or
eligible for listing in the National Register of Historic Places or
properties designated as
[[Page 836]]
historic under a statute of the appropriate State or local government
body.
Individual with handicaps means any person who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment.
As used in this definition, the phrase:
(1) Physical or mental impairment includes--
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
Neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term ``physical or mental
impairment'' includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech, and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, emotional illness,
and drug addiction and alcoholism.
(2) Major life activities includes functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(4) Is regarded as having an impairment means--
(i) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the agency as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this
definition but is treated by the agency as having such an impairment.
Qualified individual with handicaps means--
(1) With respect to preschool, elementary, or secondary education
services provided by the agency, an individual with handicaps who is a
member of a class of persons otherwise entitled by statute, regulation,
or agency policy to receive education services from the agency;
(2) With respect to any other agency program or activity under which
a person is required to perform services or to achieve a level of
accomplishment, an individual with handicaps who meets the essential
eligibility requirements and who can achieve the purpose of the program
or activity without modifications in the program or activity that the
agency can demonstrate would result in a fundamental alteration in its
nature;
(3) With respect to any other program or activity, an individual
with handicaps who meets the essential eligibility requirements for
participation in, or receipt of benefits from, that program or activity;
and
(4) ``Qualified handicapped person'' as that term is defined for
purposes of employment in 29 CFR 1613.702(f), which is made applicable
to this regulation by Sec. 102.140.
Section 504 means section 504 of the Rehabilitation Act of 1973
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617);
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810).
As used in this regulation, section 504 applies only to programs or
activities conducted by Executive agencies and not to federally assisted
programs.
Substantial impairment means a significant loss of the integrity of
finished materials, design quality, or special character resulting from
a permanent alteration.
[[Page 837]]
Sec. Sec. 102.104-102.109 [Reserved]
Sec. 102.110 Self-evaluation.
(a) The agency shall, by September 6, 1989, evaluate its current
policies and practices, and the effects thereof, that do not or may not
meet the requirements of this regulation and, to the extent modification
of any such policies and practices is required, the agency shall proceed
to make the necessary modifications.
(b) The agency shall provide an opportunity to interested persons,
including individuals with handicaps or organizations representing
individuals with handicaps, to participate in the self-evaluation
process by submitting comments (both oral and written).
(c) The agency shall, for at least three years following completion
of the self-evaluation, maintain on file and make available for public
inspection:
(1) A description of areas examined and any problems identified; and
(2) A description of any modifications made.
Sec. 102.111 Notice.
The agency shall make available to employees, applicants,
participants, beneficiaries, and other interested persons such
information regarding the provisions of this regulation and its
applicability to the programs or activities conducted by the agency, and
make such information available to them in such manner as the head of
the agency finds necessary to apprise such persons of the protections
against discrimination assured them by section 504 and this regulation.
Sec. Sec. 102.112-102.129 [Reserved]
Sec. 102.130 General prohibitions against discrimination.
(a) No qualified individual with handicaps shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity conducted by the agency.
(b)(1) The agency, in providing any aid, benefit, or service, may
not, directly or through contractual, licensing, or other arrangements,
on the basis of handicap--
(i) Deny a qualified individual with handicaps the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Afford a qualified individual with handicaps an opportunity to
participate in or benefit from the aid, benefit, or service that is not
equal to that afforded others;
(iii) Provide a qualified individual with handicaps with an aid,
benefit, or service that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
individuals with handicaps or to any class of individuals with handicaps
than is provided to others unless such action is necessary to provide
qualified individuals with handicaps with aid, benefits, or services
that are as effective as those provided to others;
(v) Deny a qualified individual with handicaps the opportunity to
participate as a member of planning or advisory boards;
(vi) Otherwise limit a qualified individual with handicaps in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(2) The agency may not deny a qualified individual with handicaps
the opportunity to participate in programs or activities that are not
separate or different, despite the existence of permissibly separate or
different programs or activities.
(3) The agency may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration the purpose
or effect of which would--
(i) Subject qualified individuals with handicaps to discrimination
on the basis of handicap; or
(ii) Defeat or substantially impair accomplishment of the objectives
of a program or activity with respect to individuals with handicaps.
(4) The agency may not, in determining the site or location of a
facility, make selections the purpose or effect of which would--
(i) Exclude individuals with handicaps from, deny them the benefits
of,
[[Page 838]]
or otherwise subject them to discrimination under any program or
activity conducted by the agency; or
(ii) Defeat or substantially impair the accomplishment of the
objectives of a program or activity with respect to individuals with
handicaps.
(5) The agency, in the selection of procurement contractors, may not
use criteria that subject qualified individuals with handicaps to
discrimination on the basis of handicap.
(6) The agency may not administer a licensing or certification
program in a manner that subjects qualified individuals with handicaps
to discrimination on the basis of handicap, nor may the agency establish
requirements for the programs or activities of licensees or certified
entities that subject qualified individuals with handicaps to
discrimination on the basis of handicap. However, the programs or
activities of entities that are licensed or certified by the agency are
not, themselves, covered by this regulation.
(c) The exclusion of nonhandicapped persons from the benefits of a
program limited by Federal statute or Executive order to individuals
with handicaps or the exclusion of a specific class of individuals with
handicaps from a program limited by Federal statute or Executive order
to a different class of individuals with handicaps is not prohibited by
this regulation.
(d) The agency shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified individuals
with handicaps.
Sec. Sec. 102.131-102.139 [Reserved]
Sec. 102.140 Employment.
No qualified individual with handicaps shall, on the basis of
handicap, be subject to discrimination in employment under any program
or activity conducted by the agency. The definitions, requirements, and
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
791), as established by the Equal Employment Opportunity Commission in
29 CFR part 1613, shall apply to employment in federally conducted
programs or activities.
Sec. Sec. 102.141-102.148 [Reserved]
Sec. 102.149 Program accessibility: Discrimination prohibited.
Except as otherwise provided in Sec. 102.150, no qualified
individual with handicaps shall, because the agency's facilities are
inaccessible to or unusable by individuals with handicaps, be denied the
benefits of, be excluded from participation in, or otherwise be
subjected to discrimination under any program or activity conducted by
the agency.
Sec. 102.150 Program accessibility: Existing facilities.
(a) General. The agency shall operate each program or activity so
that the program or activity, when viewed in its entirety, is readily
accessible to and usable by individuals with handicaps. This paragraph
does not--
(1) Necessarily require the agency to make each of its existing
facilities accessible to and usable by individuals with handicaps;
(2) In the case of historic preservation programs, require the
agency to take any action that would result in a substantial impairment
of significant historic features of an historic property; or
(3) Require the agency to take any action that it can demonstrate
would result in a fundamental alteration in the nature of a program or
activity or in undue financial and administrative burdens. In those
circumstances where agency personnel believe that the proposed action
would fundamentally alter the program or activity or would result in
undue financial and administrative burdens, the agency has the burden of
proving that compliance with Sec. 102.150(a) would result in such
alteration or burdens. The decision that compliance would result in such
alteration or burdens must be made by the agency head or his or her
designee after considering all agency resources available for use in the
funding and operation of the conducted program or activity, and must be
accompanied by a written statement of the reasons for reaching that
conclusion. If an action would result in such an alteration or such
burdens, the agency shall take any other action that would not result
[[Page 839]]
in such an alteration or such burdens but would nevertheless ensure that
individuals with handicaps receive the benefits and services of the
program or activity.
(b) Methods--(1) General. The agency may comply with the
requirements of this section through such means as redesign of
equipment, reassignment of services to accessible buildings, assignment
of aides to beneficiaries, home visits, delivery of services at
alternate accessible sites, alteration of existing facilities and
construction of new facilities, use of accessible rolling stock, or any
other methods that result in making its programs or activities readily
accessible to and usable by individuals with handicaps. The agency is
not required to make structural changes in existing facilities where
other methods are effective in achieving compliance with this section.
The agency, in making alterations to existing buildings, shall meet
accessibility requirements to the extent compelled by the Architectural
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any
regulations implementing it. In choosing among available methods for
meeting the requirements of this section, the agency shall give priority
to those methods that offer programs and activities to qualified
individuals with handicaps in the most integrated setting appropriate.
(2) Historic preservation programs. In meeting the requirements of
Sec. 102.150(a) in historic preservation programs, the agency shall
give priority to methods that provide physical access to individuals
with handicaps. In cases where a physical alteration to an historic
property is not required because of Sec. 102.150(a) (2) or (3),
alternative methods of achieving program accessibility include--
(i) Using audio-visual materials and devices to depict those
portions of an historic property that cannot otherwise be made
accessible;
(ii) Assigning persons to guide individuals with handicaps into or
through portions of historic properties that cannot otherwise be made
accessible; or
(iii) Adopting other innovative methods.
(c) Time period for compliance. The agency shall comply with the
obligations established under this section by November 7, 1988, except
that where structural changes in facilities are undertaken, such changes
shall be made by September 6, 1991, but in any event as expeditiously as
possible.
(d) Transition plan. In the event that structural changes to
facilities will be undertaken to achieve program accessibility, the
agency shall develop, by March 6, 1989, a transition plan setting forth
the steps necessary to complete such changes. The agency shall provide
an opportunity to interested persons, including individuals with
handicaps or organizations representing individuals with handicaps, to
participate in the development of the transition plan by submitting
comments (both oral and written). A copy of the transition plan shall be
made available for public inspection. The plan shall, at a minimum--
(1) Identify physical obstacles in the agency's facilities that
limit the accessibility of its programs or activities to individuals
with handicaps;
(2) Describe in detail the methods that will be used to make the
facilities accessible;
(3) Specify the schedule for taking the steps necessary to achieve
compliance with this section and, if the time period of the transition
plan is longer than one year, identify steps that will be taken during
each year of the transition period; and
(4) Indicate the official responsible for implementation of the
plan.
Sec. 102.151 Program accessibility: New construction and alterations.
Each building or part of a building that is constructed or altered
by, on behalf of, or for the use of the agency shall be designed,
constructed, or altered so as to be readily accessible to and usable by
individuals with handicaps. The definitions, requirements, and standards
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established
in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this
section.
[[Page 840]]
Sec. Sec. 102.152-102.159 [Reserved]
Sec. 102.160 Communications.
(a) The agency shall take appropriate steps to ensure effective
communication with applicants, participants, personnel of other Federal
entities, and members of the public.
(1) The agency shall furnish appropriate auxiliary aids where
necessary to afford an individual with handicaps an equal opportunity to
participate in, and enjoy the benefits of, a program or activity
conducted by the agency.
(i) In determining what type of auxiliary aid is necessary, the
agency shall give primary consideration to the requests of the
individual with handicaps.
(ii) The agency need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature.
(2) Where the agency communicates with applicants and beneficiaries
by telephone, telecommunication devices for deaf persons (TDD's) or
equally effective telecommunication systems shall be used to communicate
with persons with impaired hearing.
(b) The agency shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(c) The agency shall provide signage at a primary entrance to each
of its inaccessible facilities, directing users to a location at which
they can obtain information about accessible facilities. The
international symbol for accessibility shall be used at each primary
entrance of an accessible facility.
(d) This section does not require the agency to take any action that
it can demonstrate would result in a fundamental alteration in the
nature of a program or activity or in undue financial and administrative
burdens. In those circumstances where agency personnel believe that the
proposed action would fundamentally alter the program or activity or
would result in undue financial and administrative burdens, the agency
has the burden of proving that compliance with Sec. 102.160 would
result in such alteration or burdens. The decision that compliance would
result in such alteration or burdens must be made by the agency head or
his or her designee after considering all agency resources available for
use in the funding and operation of the conducted program or activity
and must be accompanied by a written statement of the reasons for
reaching that conclusion. If an action required to comply with this
section would result in such an alteration or such burdens, the agency
shall take any other action that would not result in such an alteration
or such burdens but would nevertheless ensure that, to the maximum
extent possible, individuals with handicaps receive the benefits and
services of the program or activity.
Sec. Sec. 102.161-102.169 [Reserved]
Sec. 102.170 Compliance procedures.
(a) Except as provided in paragraph (b) of this section, this
section applies to all allegations of discrimination on the basis of
handicap in programs and activities conducted by the agency.
(b) The agency shall process complaints alleging violations of
section 504 with respect to employment according to the procedures
established by the Equal Employment Opportunity Commission in 29 CFR
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791).
(c) The Director, Facilities Management, Office of Administration,
Executive Office of the President, shall be responsible for coordinating
implementation of this section. Complaints may be sent to the Director
at the following address: Room 486, Old Executive Office Building, 17th
and Pennsylvania Ave. NW., Washington, DC 20500.
(d) The agency shall accept and investigate all complete complaints
for which it has jurisdiction. All complete complaints must be filed
within 180 days of the alleged act of discrimination. The agency may
extend this time period for good cause.
(e) If the agency receives a complaint over which it does not have
jurisdiction, it shall promptly notify the complainant and shall make
reasonable efforts to refer the complaint to the appropriate Government
entity.
(f) The agency shall notify the Architectural and Transportation
Barriers
[[Page 841]]
Compliance Board upon receipt of any complaint alleging that a building
or facility that is subject to the Architectural Barriers Act of 1968,
as amended (42 U.S.C. 4151-4157), is not readily accessible to and
usable by individuals with handicaps.
(g) Within 180 days of the receipt of a complete complaint for which
it has jurisdiction, the agency shall notify the complainant of the
results of the investigation in a letter containing--
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found; and
(3) A notice of the right to appeal.
(h) Appeals of the findings of fact and conclusions of law or
remedies must be filed by the complainant within 90 days of receipt from
the agency of the letter required by Sec. 102.170(g). The agency may
extend this time for good cause.
(i) Timely appeals shall be accepted and processed by the head of
the agency.
(j) The head of the agency shall notify the complainant of the
results of the appeal within 60 days of the receipt of the request. If
the head of the agency determines that additional information is needed
from the complainant, he or she shall have 60 days from the date of
receipt of the additional information to make his or her determination
on the appeal.
(k) The time limits cited in paragraphs (g) and (j) of this section
may be extended with the permission of the Assistant Attorney General.
(l) The agency may delegate its authority for conducting complaint
investigations to other Federal agencies, except that the authority for
making the final determination may not be delegated to another agency.
Sec. Sec. 102.171-102.999 [Reserved] PARTS 103-199 [RESERVED]
[[Page 843]]
TITLE 3 FINDING AIDS
________________________________________________________________________
Table 1--Proclamations
Table 2--Executive Orders
Table 3--Other Presidential Documents
Table 4--Presidential Documents Affected During 2021
Table 5--Statutes Cited as Authority for Presidential Documents
List of CFR Sections Affected
Index
[[Page 845]]
Table 1--PROCLAMATIONS
------------------------------------------------------------------------
No. Signature Date Subject 86 FR Page
-----------------------------------------------------------------------
2021.............
10132............... Jan. 10.......... Honoring United 2951
States Capitol
Police Officers.
10133............... Jan. 14.......... To Continue 6541
Facilitating
Positive
Adjustment to
Competition
From Imports of
Large
Residential
Washers.
10134............... Jan. 15.......... Religious 6553
Freedom Day,
2021.
10135............... Jan. 15.......... Martin Luther 6555
King, Jr.,
Federal
Holiday, 2021.
10136............... Jan. 17.......... National 6795
Sanctity of
Human Life Day,
2021.
10137............... Jan. 17.......... National School 6797
Choice Week,
2021.
10138............... Jan. 18.......... Terminating 6799
Suspensions of
Entry Into the
United States
of Aliens Who
Have Been
Physically
Present in the
Schengen Area,
the United
Kingdom, the
Republic of
Ireland, and
the Federative
Republic of
Brazil.
10139............... Jan. 19.......... Adjusting 6825
Imports of
Aluminum Into
the United
States.
10140............... Jan. 20.......... A National Day 7003
of Unity.
10141............... Jan. 20.......... Ending 7005
Discriminatory
Bans on Entry
to the United
States.
10142............... Jan. 20.......... Termination of 7225
Emergency With
Respect to the
Southern Border
of the United
States and
Redirection of
Funds Diverted
to Border Wall
Construction.
10143............... Jan. 25.......... Suspension of 7467
Entry as
Immigrants and
Nonimmigrants
of Certain
Additional
Persons Who
Pose a Risk of
Transmitting
Coronavirus
Disease 2019.
10144............... Feb. 1........... Adjusting 8265
Imports of
Aluminum Into
the United
States.
10145............... Feb. 3........... American Heart 8537
Month, 2021.
10146............... Feb. 3........... National Black 8539
History Month,
2021.
10147............... Feb. 3........... National Teen 8541
Dating Violence
Awareness and
Prevention
Month, 2021.
10148............... Feb. 22.......... Remembering the 11597
500,000
Americans Lost
to COVID-19.
10149............... Feb. 24.......... Revoking 11847
Proclamation
10014.
10150............... Mar. 1........... American Red 12515
Cross Month,
2021.
10151............... Mar. 1........... Irish-American 12517
Heritage Month,
2021.
10152............... Mar. 1........... National 12519
Colorectal
Cancer
Awareness
Month, 2021.
10153............... Mar. 1........... Women's History 12523
Month, 2021.
10154............... Mar. 1........... National 12525
Consumer
Protection
Week, 2021.
10155............... Mar. 1........... Read Across 12527
America Day,
2021.
10156............... Mar. 18.......... Honoring the 15559
Victims of the
Tragedy in the
Atlanta
Metropolitan
Area.
10157............... Mar. 19.......... National Poison 15775
Prevention
Week, 2021.
10158............... Mar. 22.......... National 15777
Agriculture
Day, 2021.
10159............... Mar. 23.......... Education and 16023
Sharing Day,
U.S.A., 2021.
10160............... Mar. 23.......... Honoring the 16025
Victims of the
Tragedy in
Boulder,
Colorado.
[[Page 846]]
10161............... Mar. 24.......... Greek 16283
Independence
Day: A National
Day of
Celebration of
Greek and
American
Democracy, 2021.
10162............... Mar. 24.......... National Equal 16285
Pay Day, 2021.
10163............... Mar. 31.......... C[eacute]sar 17493
Ch[aacute]vez
Day, 2021.
10164............... Mar. 31.......... Transgender Day 17495
of Visibility,
2021.
10165............... Mar. 31.......... Month of the 17675
Military Child,
2021.
10166............... Mar. 31.......... National Cancer 17677
Control Month,
2021.
10167............... Mar. 31.......... National Child 17679
Abuse
Prevention
Month, 2021.
10168............... Mar. 31.......... National Donate 17681
Life Month,
2021.
10169............... Mar. 31.......... National 17683
Financial
Capability
Month, 2021.
10170............... Mar. 31.......... National Sexual 17685
Assault
Prevention and
Awareness
Month, 2021.
10171............... Mar. 31.......... Second Chance 17689
Month, 2021.
10172............... Apr. 1........... World Autism 17893
Awareness Day,
2021.
10173............... Apr. 2........... Days of 18167
Remembrance of
Victims of the
Holocaust, 2021.
10174............... Apr. 2........... Honoring United 18169
States Capitol
Police Officers.
10175............... Apr. 5........... National Public 18171
Health Week,
2021.
10176............... Apr. 9........... National Former 19567
Prisoner of War
Recognition
Day, 2021.
10177............... Apr. 11.......... National Fair 19775,
Housing Month, 21915
2021.
10178............... Apr. 13.......... Black Maternal 20023
Health Week,
2021.
10179............... Apr. 13.......... Pan American Day 20025
and Pan
American Week,
2021.
10180............... Apr. 13.......... 160th 20027
Anniversary of
the Unification
of Italy and
the
Establishment
of United
States-Italy
Diplomatic
Relations.
10181............... Apr. 16.......... Honoring the 20615
Victims of the
Tragedy in
Indianapolis,
Indiana.
10182............... Apr. 16.......... National Crime 20617
Victims' Rights
Week, 2021.
10183............... Apr. 16.......... National 20619
Volunteer Week,
2021.
10184............... Apr. 17.......... National Park 21161
Week, 2021.
10185............... Apr. 20.......... Death of Walter 21633
Mondale.
10186............... Apr. 22.......... Earth Day, 2021. 22105
10187............... Apr. 23.......... World 22339
Intellectual
Property Day,
2021.
10188............... Apr. 27.......... Workers Memorial 22833
Day, 2021.
10189............... Apr. 30.......... Asian American 23843
and Native
Hawaiian/
Pacific
Islander
Heritage Month,
2021.
10190............... Apr. 30.......... Jewish American 23845
Heritage Month,
2021.
10191............... Apr. 30.......... National 23847
Building Safety
Month, 2021.
10192............... Apr. 30.......... National Foster 23849
Care Month,
2021.
10193............... Apr. 30.......... National Mental 23851
Health
Awareness
Month, 2021.
10194............... Apr. 30.......... National 23853
Physical
Fitness and
Sports Month,
2021.
10195............... Apr. 30.......... National Teacher 23855
Appreciation
Day and
National
Teacher
Appreciation
Week, 2021.
10196............... Apr. 30.......... Public Service 23857
Recognition
Week, 2021.
10197............... Apr. 30.......... Law Day, U.S.A., 23859
2021.
10198............... Apr. 30.......... Loyalty Day, 23861
2021.
10199............... Apr. 30.......... Suspension of 24297
Entry as
Nonimmigrants
of Certain
Additional
Persons Who
Pose a Risk of
Transmitting
Coronavirus
Disease 2019.
10200............... May 3............ Older Americans 24301
Month, 2021.
[[Page 847]]
10201............... May 4............ 60th Anniversary 24477
of the Freedom
Rides, 2021.
10202............... May 4............ Missing and 24479
Murdered
Indigenous
Persons
Awareness Day,
2021.
10203............... May 5............ National Day of 24697
Prayer, 2021.
10204............... May 6............ Military Spouse 25799
Appreciation
Day, 2021.
10205............... May 7............ National 25943
Hurricane
Preparedness
Week, 2021.
10206............... May 7............ National Women's 25945
Health Week,
2021.
10207............... May 7............ Mother's Day, 26147
2021.
10208............... May 7............ Peace Officers 26345
Memorial Day
and Police
Week, 2021.
10209............... May 14........... Revoking 27015
Proclamation
9945.
10210............... May 14........... Armed Forces 27017
Day, 2021.
10211............... May 14........... Emergency 27019
Medical
Services Week,
2021.
10212............... May 14........... National Defense 27021
Transportation
Day and
National
Transportation
Week, 2021.
10213............... May 14........... World Trade 27023
Week, 2021.
10214............... May 18........... National 27505
Hepatitis
Testing Day,
2021.
10215............... May 21........... National Safe 28687
Boating Week,
2021.
10216............... May 21........... National 28689
Maritime Day,
2021.
10217............... May 21........... Honoring the 28689
Victims of the
Tragedy in San
Jose,
California.
10218............... May 28........... Prayer for 29925
Peace, Memorial
Day, 2021.
10219............... May 31........... Day of 29929
Remembrance:
100 Years After
the 1921 Tulsa
Race Massacre.
10220............... June 1........... Black Music 30131
Appreciation
Month, 2021.
10221............... June 1........... Great Outdoors 30133
Month, 2021.
10222............... June 1........... Lesbian, Gay, 30135
Bisexual,
Transgender,
and Queer Pride
Month, 2021.
10223............... June 1........... National 30137
Caribbean-
American
Heritage Month,
2021.
10224............... June 1........... National 30139
Homeownership
Month, 2021.
10225............... June 1........... National 30141
Immigrant
Heritage Month,
2021.
10226............... June 1........... National Ocean 30143
Month, 2021.
10227............... June 11.......... Flag Day and 31903
National Flag
Week, 2021.
10228............... June 14.......... World Elder 32359
Abuse Awareness
Day, 2021.
10229............... June 18.......... Juneteenth Day 32717
of Observance,
2021.
10230............... June 18.......... Father's Day, 32719
2021.
10231............... June 30.......... 50th Anniversary 35385
of the 26th
Amendment.
10232............... July 15.......... National Atomic 38207
Veterans Day,
2021.
10233............... July 16.......... Captive Nations 38535
Week, 2021.
10234............... July 26.......... Made in America 40757
Week, 2021.
10235............... July 26.......... National Korean 40759
War Veterans
Armistice Day,
2021.
10236............... July 26.......... Anniversary of 40761
the Americans
With
Disabilities
Act, 2021.
10237............... Aug. 6........... National Health 43903
Center Week,
2021.
10238............... Aug. 13.......... National 46101
Employer
Support of the
Guard and
Reserve Week,
2021.
10239............... Aug. 26.......... Women's Equality 48479
Day, 2021.
10240............... Aug. 26.......... Honoring the 48481
Victims of the
Attack in
Kabul,
Afghanistan.
10241............... Aug. 27.......... Overdose 48885
Awareness Week,
2021.
10242............... Aug. 31.......... National 49887
Childhood
Cancer
Awareness
Month, 2021.
10243............... Aug. 31.......... National Ovarian 49891
Cancer
Awareness
Month, 2021.
10244............... Aug. 31.......... National 49893
Preparedness
Month, 2021.
10245............... Aug. 31.......... National 49895
Prostate Cancer
Awareness
Month, 2021.
10246............... Aug. 31.......... National 49897
Recovery Month,
2021.
10247............... Aug. 31.......... National Sickle 49899
Cell Awareness
Month, 2021.
[[Page 848]]
10248............... Aug. 31.......... National 49901
Wilderness
Month, 2021.
10249............... Sept. 3.......... National 50433
Historically
Black Colleges
and
Universities
Week, 2021.
10250............... Sept. 3.......... Labor Day, 2021. 50437
10251............... Sept. 9.......... National Days of 50981
Prayer and
Remembrance,
2021.
10252............... Sept. 9.......... World Suicide 50983
Prevention Day,
2021.
10253............... Sept. 10......... National Small 51257
Business Week,
2021.
10254............... Sept. 10......... Patriot Day and 51261
National Day of
Service and
Remembrance,
2021.
10255............... Sept. 10......... National 51263
Grandparents
Day, 2021.
10256............... Sept. 13......... National 51577
Hispanic-
Serving
Institutions
Week, 2021.
10257............... Sept. 14......... National 52067
Hispanic
Heritage Month,
2021.
10258............... Sept. 16......... Constitution Day 52385
and Citizenship
Day, and
Constitution
Week, 2021.
10259............... Sept. 16......... National POW/MIA 52387
Recognition
Day, 2021.
10260............... Sept. 17......... Minority 52587
Enterprise
Development
Week, 2021.
10261............... Sept. 17......... National Farm 52589
Safety and
Health Week,
2021.
10262............... Sept. 24......... National Hunting 54021
and Fishing
Day, 2021.
10263............... Sept. 24......... National Public 54023
Lands Day, 2021.
10264............... Sept. 24......... Gold Star 54025
Mother's and
Family's Day,
2021.
10265............... Sept. 27......... National Voter 54027
Registration
Day, 2021.
10266............... Sept. 30......... Cybersecurity 55443
Awareness
Month, 2021.
10267............... Sept. 30......... National Arts 55445
and Humanities
Month, 2021.
10268............... Sept. 30......... National Breast 55447
Cancer
Awareness
Month, 2021.
10269............... Sept. 30......... National Clean 55449
Energy Action
Month, 2021.
10270............... Sept. 30......... National 55451
Disability
Employment
Awareness
Month, 2021.
10271............... Sept. 30......... National 55455
Domestic
Violence
Awareness and
Prevention
Month, 2021.
10272............... Sept. 30......... National Youth 55459
Justice Action
Month, 2021.
10273............... Sept. 30......... National Youth 55461
Substance Use
Prevention
Month, 2021.
10274............... Sept. 30......... National 55463
Manufacturing
Day, 2021.
10275............... Oct. 1........... Fire Prevention 55469
Week, 2021.
10276............... Oct. 1........... National 55471
Community
Policing Week,
2021.
10277............... Oct. 1........... Child Health 55473
Day, 2021.
10278............... Oct. 1........... German-American 56181
Day, 2021.
10279............... Oct. 8........... National School 57003
Lunch Week,
2021.
10280............... Oct. 8........... Leif Erikson 57005
Day, 2021.
10281............... Oct. 8........... Columbus Day, 57007
2021.
10282............... Oct. 8........... General Pulaski 57009
Memorial Day,
2021.
10283............... Oct. 8........... Indigenous 57307
Peoples' Day,
2021.
10284............... Oct. 8........... International 57309
Day of the
Girl, 2021.
10285............... Oct. 8........... Bears Ears 57321
National
Monument.
10286............... Oct. 8........... Grand Staircase- 57335
Escalante
National
Monument.
10287............... Oct. 8........... Northeast 57349
Canyons and
Seamounts
Marine National
Monument.
10288............... Oct. 14.......... Blind Americans 57749
Equality Day,
2021.
10289............... Oct. 15.......... National Peace 58197
Officers'
Memorial
Service.
10290............... Oct. 15.......... National 58199
Character
Counts Week,
2021.
10291............... Oct. 15.......... National Forest 58201
Products Week,
2021.
10292............... Oct. 18.......... Death of General 58203
Colin Powell.
[[Page 849]]
10293............... Oct. 22.......... United Nations 59597
Day, 2021.
10294............... Oct. 25.......... Advancing the 59603
Safe Resumption
of Global
Travel During
the COVID-19
Pandemic.
10295............... Oct. 29.......... Critical 60531
Infrastructure
Security and
Resilience
Month, 2021.
10296............... Oct. 29.......... National 60533
Adoption Month,
2021.
10297............... Oct. 29.......... National 60535
Alzheimer's
Disease
Awareness
Month, 2021.
10298............... Oct. 29.......... National College 60537
Application
Month, 2021.
10299............... Oct. 29.......... National 60539
Diabetes Month,
2021.
10300............... Oct. 29.......... National 60541
Entrepreneurshi
p Month, 2021.
10301............... Oct. 29.......... National Family 60543
Caregivers
Month, 2021.
10302............... Oct. 29.......... National Native 60545
American
Heritage Month,
2021.
10303............... Oct. 29.......... National 60547
Veterans and
Military
Families Month,
2021.
10304............... Nov. 8........... World Freedom 62893
Day, 2021.
10305............... Nov. 9........... Veterans Day, 63303
2021.
10306............... Nov. 12.......... American 64057
Education Week,
2021.
10307............... Nov. 12.......... National 64059
Apprenticeship
Week, 2021.
10308............... Nov. 12.......... America Recycles 64061
Day, 2021.
10309............... Nov. 16.......... Suspension of 64797
Entry as
Immigrants and
Nonimmigrants
of Persons
Responsible for
Policies or
Actions That
Threaten
Democracy in
Nicaragua.
10310............... Nov. 17.......... Antibiotic 66151
Awareness Week,
2021.
10311............... Nov. 17.......... National Rural 66153
Health Day,
2021.
10312............... Nov. 19.......... National Child's 66915
Day, 2021.
10313............... Nov. 19.......... National Family 66917
Week, 2021.
10314............... Nov. 24.......... Thanksgiving 68103
Day, 2021.
10315............... Nov. 26.......... Suspension of 68385
Entry as
Immigrants and
Nonimmigrants
of Certain
Additional
Persons Who
Pose a Risk of
Transmitting
Coronavirus
Disease 2019.
10316............... Nov. 30.......... National 68867
Impaired
Driving
Prevention
Month, 2021.
10317............... Nov. 30.......... World AIDS Day, 68869
2021.
10318............... Dec. 2........... International 69157
Day of Persons
With
Disabilities,
2021.
10319............... Dec. 3........... National Pearl 69575
Harbor
Remembrance
Day, 2021.
10320............... Dec. 5........... Death of Robert 69975
Joseph Dole.
10321............... Dec. 9........... Human Rights Day 71127
and Human
Rights Week,
2021.
10322............... Dec. 9........... Amending 71355
Proclamation
10320, Death of
Robert J. Dole.
10323............... Dec. 14.......... Bill of Rights 71787
Day, 2021.
10324............... Dec. 16.......... Wright Brothers 72505
Day, 2021.
10325............... Dec. 22.......... 50th Anniversary 73591
of the National
Cancer Act of
1971.
10326............... Dec. 23.......... To Modify the 73593
Harmonized
Tariff Schedule
of the United
States and for
Other Purposes.
------------------------------------------------------------------------
------------------------------------------------------------------------
No. Signature Date Subject 87 FR Page
-----------------------------------------------------------------------
2021.............
10327............... Dec. 27.......... Adjusting 1
Imports of
Aluminum Into
the United
States.
10328............... Dec. 27.......... Adjusting 11
Imports of
Steel Into the
United States.
10329............... Dec. 28.......... Revoking 149
Proclamation
10315.
[[Page 850]]
10330............... Dec. 29.......... Death of Harry 151
Reid.
10331............... Dec. 30.......... National Human 869
Trafficking
Prevention
Month, 2022.
10332............... Dec. 30.......... National 871
Mentoring
Month, 2022.
10333............... Dec. 30.......... National 873
Stalking
Awareness
Month, 2022.
------------------------------------------------------------------------
[[Page 851]]
Table 2--EXECUTIVE ORDERS
------------------------------------------------------------------------
No. Signature Date Subject 86 FR Page
-----------------------------------------------------------------------
2021...........
13971............. Jan. 5......... Addressing the 1249
Threat Posed by
Applications and
Other Software
Developed or
Controlled by
Chinese Companies.
13972............. Jan. 5......... Promoting Small 3727
Modular Reactors
for National
Defense and Space
Exploration.
13973............. Jan. 8......... Providing an Order 3733
of Succession
Within the
Environmental
Protection Agency.
13974............. Jan. 13........ Amending Executive 4875
Order 13959--
Addressing the
Threat From
Securities
Investments That
Finance Communist
Chinese Military
Companies.
13975............. Jan. 14........ Encouraging Buy 6547
American Policies
for the United
States Postal
Service.
13976............. Jan. 14........ Establishing the 6549
Wildland Fire
Management Policy
Committee.
13977............. Jan. 18........ Protecting Law 6803
Enforcement
Officers, Judges,
Prosecutors, and
Their Families.
13978............. Jan. 18........ Building the 6809
National Garden of
American Heroes.
13979............. Jan. 18........ Ensuring Democratic 6813
Accountability in
Agency Rulemaking.
13980............. Jan. 18........ Protecting Americans 6817
From
Overcriminalization
Through Regulatory
Reform.
13981............. Jan. 18........ Protecting the 6821
United States From
Certain Unmanned
Aircraft Systems.
13982............. Jan. 19........ Care of Veterans 6833
With Service in
Uzbekistan.
13983............. Jan. 19........ Revocation of 6835
Executive Order
13770.
13984............. Jan. 19........ Taking Additional 6837
Steps To Address
the National
Emergency With
Respect to
Significant
Malicious Cyber-
Enabled Activities.
13985............. Jan. 20........ Advancing Racial 7009
Equity and Support
for Underserved
Communities Through
the Federal
Government.
13986............. Jan. 20........ Ensuring a Lawful 7015
and Accurate
Enumeration and
Apportionment
Pursuant to the
Decennial Census.
[[Page 852]]
13987............. Jan. 20........ Organizing and 7019
Mobilizing the
United States
Government To
Provide a Unified
and Effective
Response To Combat
COVID-19 and To
Provide United
States Leadership
on Global Health
and Security.
13988............. Jan. 20........ Preventing and 7023
Combating
Discrimination on
the Basis of Gender
Identity or Sexual
Orientation.
13989............. Jan. 20........ Ethics Commitments 7029
by Executive Branch
Personnel.
13990............. Jan. 20........ Protecting Public 7037
Health and the
Environment and
Restoring Science
To Tackle the
Climate Crisis.
13991............. Jan. 20........ Protecting the 7045
Federal Workforce
and Requiring Mask-
Wearing.
13992............. Jan. 20........ Revocation of 7049
Certain Executive
Orders Concerning
Federal Regulation.
13993............. Jan. 20........ Revision of Civil 7051
Immigration
Enforcement
Policies and
Priorities.
13994............. Jan. 21........ Ensuring a Data- 7189
Driven Response to
COVID-19 and Future
High-Consequence
Public Health
Threats.
13995............. Jan. 21........ Ensuring an 7193
Equitable Pandemic
Response and
Recovery.
13996............. Jan. 21........ Establishing the 7197
COVID-19 Pandemic
Testing Board and
Ensuring a
Sustainable Public
Health Workforce
for COVID-19 and
Other Biological
Threats.
13997............. Jan. 21........ Improving and 7201
Expanding Access to
Care and Treatments
for COVID-19.
13998............. Jan. 21........ Promoting COVID-19 7205
Safety in Domestic
and International
Travel.
13999............. Jan. 21........ Protecting Worker 7211
Health and Safety.
14000............. Jan. 21........ Supporting the 7215
Reopening and
Continuing
Operation of
Schools and Early
Childhood Education
Providers.
14001............. Jan. 21........ A Sustainable Public 7219
Health Supply Chain.
14002............. Jan. 22........ Economic Relief 7229
Related to the
COVID-19 Pandemic.
14003............. Jan. 22........ Protecting the 7231
Federal Workforce.
14004............. Jan. 25........ Enabling All 7471
Qualified Americans
To Serve Their
Country in Uniform.
14005............. Jan. 25........ Ensuring the Future 7475
Is Made in All of
America by All of
America's Workers.
14006............. Jan. 26........ Reforming Our 7483
Incarceration
System To Eliminate
the Use of
Privately Operated
Criminal Detention
Facilities.
14007............. Jan. 27........ President's Council 7615
of Advisors on
Science and
Technology.
14008............. Jan. 27........ Tackling the Climate 7619
Crisis at Home and
Abroad.
[[Page 853]]
14009............. Jan. 28........ Strengthening 7793
Medicaid and the
Affordable Care Act.
14010............. Feb. 2......... Creating a 8267
Comprehensive
Regional Framework
To Address the
Causes of
Migration, To
Manage Migration
Throughout North
and Central
America, and To
Provide Safe and
Orderly Processing
of Asylum Seekers
at the United
States Border.
14011............. Feb. 2......... Establishment of 8273
Interagency Task
Force on the
Reunification of
Families.
14012............. Feb. 2......... Restoring Faith in 8277
Our Legal
Immigration Systems
and Strengthening
Integration and
Inclusion Efforts
for New Americans.
14013............. Feb. 4......... Rebuilding and 8839
Enhancing Programs
To Resettle
Refugees and
Planning for the
Impact of Climate
Change on Migration.
14014............. Feb. 10........ Blocking Property 9429
With Respect to the
Situation in Burma.
14015............. Feb. 14........ Establishment of the 10007
White House Office
of Faith-Based and
Neighborhood
Partnerships.
14016............. Feb. 17........ Revocation of 11089
Executive Order
13801.
14017............. Feb. 24........ America's Supply 11849
Chains.
14018............. Feb. 24........ Revocation of 11855
Certain
Presidential
Actions.
14019............. Mar. 7......... Promoting Access to 13623
Voting.
14020............. Mar. 8......... Establishment of the 13797
White House Gender
Policy Council.
14021............. Mar. 8......... Guaranteeing an 13803
Educational
Environment Free
From Discrimination
on the Basis of
Sex, Including
Sexual Orientation
or Gender Identity.
14022............. Apr. 1......... Termination of 17895
Emergency With
Respect to the
International
Criminal Court.
14023............. Apr. 9......... Establishment of the 19569
Presidential
Commission on the
Supreme Court of
the United States.
14024............. Apr. 15........ Blocking Property 20249
With Respect To
Specified Harmful
Foreign Activities
of the Government
of the Russian
Federation.
14025............. Apr. 26........ Worker Organizing 22829
and Empowerment.
14026............. Apr. 27........ Increasing the 22835
Minimum Wage for
Federal Contractors.
14027............. May 7.......... Establishment of the 25947
Climate Change
Support Office.
14028............. May 12......... Improving the 26633
Nation's
Cybersecurity.
14029............. May 14......... Revocation of 27025
Certain
Presidential
Actions and
Technical Amendment.
14030............. May 20......... Climate-Related 27967
Financial Risk.
[[Page 854]]
14031............. May 28......... Advancing Equity, 29675
Justice, and
Opportunity for
Asian Americans,
Native Hawaiians,
and Pacific
Islanders.
14032............. June 3......... Addressing the 30145
Threat From
Securities
Investments That
Finance Certain
Companies of the
People's Republic
of China.
14033............. June 8......... Blocking Property 31079
and Suspending
Entry Into the
United States of
Certain Persons
Contributing to the
Destabilizing
Situation in the
Western Balkans.
14034............. June 9......... Protecting 31423
Americans'
Sensitive Data From
Foreign Adversaries.
14035............. June 25........ Diversity, Equity, 34593
Inclusion, and
Accessibility in
the Federal
Workforce.
14036............. July 9......... Promoting 36987
Competition in the
American Economy.
14037............. Aug. 5......... Strengthening 43583
American Leadership
in Clean Cars and
Trucks.
14038............. Aug. 9......... Blocking Property of 43905
Additional Persons
Contributing to the
Situation in
Belarus.
14039............. Aug. 20........ Blocking Property 47205
With Respect to
Certain Russian
Energy Export
Pipelines.
14040............. Sept. 3........ Declassification 50439
Reviews of Certain
Documents
Concerning the
Terrorist Attacks
of September 11,
2001.
14041............. Sept. 3........ White House 50443
Initiative on
Advancing
Educational Equity,
Excellence, and
Economic
Opportunity Through
Historically Black
Colleges and
Universities.
14042............. Sept. 9........ Ensuring Adequate 50985
COVID Safety
Protocols for
Federal Contractors.
14043............. Sept. 9........ Requiring 50989
Coronavirus Disease
2019 Vaccination
for Federal
Employees.
14044............. Sept. 13....... Amending Executive 51579
Order 14007.
14045............. Sept. 13....... White House 51581
Initiative on
Advancing
Educational Equity,
Excellence, and
Economic
Opportunity for
Hispanics.
14046............. Sept. 17....... Imposing Sanctions 52389
on Certain Persons
With Respect to the
Humanitarian and
Human Rights Crisis
in Ethiopia.
14047............. Sept. 17....... Adding Measles to 52591
the List of
Quarantinable
Communicable
Diseases.
14048............. Sept. 30....... Continuance or 55465
Reestablishment of
Certain Federal
Advisory Committees
and Amendments to
Other Executive
Orders.
14049............. Oct. 11........ White House 57313
Initiative on
Advancing
Educational Equity,
Excellence, and
Economic
Opportunity for
Native Americans
and Strengthening
Tribal Colleges and
Universities.
[[Page 855]]
14050............. Oct. 19........ White House 58551
Initiative on
Advancing
Educational Equity,
Excellence, and
Economic
Opportunity for
Black Americans.
14051............. Oct. 31........ Designation To 60747
Exercise Authority
Over the National
Defense Stockpile.
14052............. Nov. 15........ Implementation of 64335
the Infrastructure
Investment and Jobs
Act.
14053............. Nov. 15........ Improving Public 64337
Safety and Criminal
Justice for Native
Americans and
Addressing the
Crisis of Missing
or Murdered
Indigenous People.
14054............. Nov. 18........ Termination of 66149
Emergency With
Respect to the
Situation in
Burundi.
14055............. Nov. 18........ Nondisplacement of 66397
Qualified Workers
Under Service
Contracts.
14056............. Dec. 1......... The National Space 68871
Council.
14057............. Dec. 8......... Catalyzing Clean 70935
Energy Industries
and Jobs Through
Federal
Sustainability.
14058............. Dec. 13........ Transforming Federal 71357
Customer Experience
and Service
Delivery To Rebuild
Trust in Government.
14059............. Dec. 15........ Imposing Sanctions 71549
on Foreign Persons
Involved in the
Global Illicit Drug
Trade.
14060............. Dec. 15........ Establishing the 71793
United States
Council on
Transnational
Organized Crime.
14061............. Dec. 22........ Adjustments of 73601
Certain Rates of
Pay.
------------------------------------------------------------------------
[[Page 857]]
Table 3--OTHER PRESIDENTIAL DOCUMENTS
------------------------------------------------------------------------
86 FR
Signature Date Subject Page
------------------------------------------------------------------------
2021..............................
Jan. 8................... Memorandum: Providing an Order of 2949
Succession Within the United
States International Development
Finance Corporation.
Jan. 13.................. Memorandum: Delegation of 7787
Authority Under Section 614(a)(2)
of the Foreign Assistance Act of
1961.
Jan. 14.................. Presidential Determination No. 7789
2021-03: Presidential
Determination on the Pursuant to
Section 1245(d)(4)(B) and (C) of
the National Defense
Authorization Act for FY 2012.
Jan. 15.................. Notice: Providing an Order of 6557
Succession Within the United
States International Development
Finance Corporation.
Jan. 19.................. Memorandum: Declassification of 6843
Certain Materials Related to the
FBI's Crossfire Hurricane
Investigation.
Jan. 19.................. Memorandum: Deferred Enforced 6845
Departure for Certain Venezuelans.
Jan. 20.................. Memorandum: Reinstating Deferred 7055
Enforced Departure for Liberians.
Jan. 20.................. Memorandum: Preserving and 7053
Fortifying Deferred Action for
Childhood Arrivals (DACA).
Jan. 20.................. Memorandum: Modernizing Regulatory 7223
Review.
Jan. 21.................. Memorandum: Memorandum To Extend 7481
Federal Support to Governors' Use
of the National Guard To Respond
to COVID-19 and To Increase
Reimbursement and Other
Assistance Provided to States.
Jan. 26.................. Memorandum: Condemning and 7485
Combating Racism, Xenophobia, and
Intolerance Against Asian
Americans and Pacific Islanders
in the United States.
Jan. 26.................. Memorandum: Redressing Our 7487
Nation's and the Federal
Government's History of
Discriminatory Housing Practices
and Policies.
Jan. 26.................. Memorandum: Tribal Consultation 7491
and Strengthening Nation-to-
Nation Relationships.
Jan. 27.................. Memorandum: Restoring Trust in 8845
Government Through Scientific
Integrity and Evidence-Based
Policymaking.
Jan. 28.................. Memorandum: Protecting Women's 33077
Health at Home and Abroad.
Feb. 2................... Memorandum: Maximizing Assistance 8281
From the Federal Emergency
Management Agency To Respond to
COVID-19.
Feb. 4................... National Security Memorandum/NSM- 11843
4: Advancing the Human Rights of
Lesbian, Gay, Bisexual,
Transgender, Queer, and Intersex
Persons Around the World.
Feb. 11.................. Notice: Continuation of the 9835
National Emergency With Respect
to Libya.
Feb. 24.................. Notice: Continuation of the 11599
National Emergency Concerning the
Coronavirus Disease 2019 (COVID-
19) Pandemic.
[[Page 858]]
Feb. 24.................. Notice: Continuation of the 11601
National Emergency With Respect
to Cuba and of the Emergency
Authority Relating to the
Regulation of the Anchorage and
Movement of Vessels.
Mar. 2................... Notice: Continuation of the 12793
National Emergency With Respect
to Ukraine.
Mar. 2................... Notice: Continuation of the 12795
National Emergency With Respect
to Venezuela.
Mar. 2................... Notice: Continuation of the 12797
National Emergency With Respect
to Zimbabwe.
Mar. 5................... Notice: Continuation of the 13621
National Emergency With Respect
to Iran.
Mar. 29.................. Notice: Continuation of the 16663
National Emergency With Respect
to Significant Malicious Cyber-
Enabled Activities.
Mar. 29.................. Notice: Continuation of the 16665
National Emergency With Respect
to South Sudan.
Apr. 1................... Notice: Continuation of the 17673
National Emergency With Respect
to Somalia.
Apr. 16.................. Presidential Determination No. 21159
2021-05: Emergency Presidential
Determination on Refugee
Admissions for Fiscal Year 2021.
May 3.................... Presidential Determination No. 24475
2021-06: Emergency Presidential
Determination on Refugee
Admissions for Fiscal Year 2021.
May 6.................... Notice: Continuation of the 25793
National Emergency With Respect
to the Actions of the Government
of Syria.
May 6.................... Notice: Continuation of the 25795
National Emergency With Respect
to the Central African Republic.
May 6.................... Notice: Continuation of the 25797
National Emergency With Respect
to the Stabilization of Iraq.
May 11................... Notice: Continuation of the 26339
National Emergency With Respect
to Securing the Information and
Communications Technology and
Services Supply Chain.
May 11................... Notice: Continuation of the 26341
National Emergency With Respect
to Yemen.
May 18................... Memorandum: Restoring the 27793
Department of Justice's Access-to-
Justice Function and
Reinvigorating the White House
Legal Aid Interagency Roundtable.
May 19................... Presidential Determination No. 28235
2021-07: Presidential
Determination Pursuant to Section
1245(d)(4)(B) and (C) of the
National Defense Authorization
Act for Fiscal Year 2012.
May 28................... Order: Sequestration Order for 29927
Fiscal Year 2022 Pursuant to
Section 251A of the Balanced
Budget and Emergency Deficit
Control Act, as Amended.
June 8................... Notice: Continuation of the 31083
National Emergency With Respect
to the Western Balkans.
June 8................... Notice: Continuation of the 31085
National Emergency With Respect
to the Actions and Policies of
Certain Members of the Government
of Belarus and Other Persons To
Undermine Democratic Processes or
Institutions of Belarus.
June 8................... Memorandum: Delegation of 32629
Authority Under Section 1217(c)
of Public Law 116-283.
June 11.................. Presidential Determination No. 32631
2021-08: Unexpected Urgent
Refugee and Migration Needs.
June 21.................. Notice: Continuation of the 33075
National Emergency With Respect
to North Korea.
[[Page 859]]
June 21.................. Memorandum: Delegation of Certain 34591
Authorities and Functions Under
Section 353 of the United States-
Northern Triangle Enhanced
Engagement Act.
June 29.................. Memorandum: Delegation of Certain 35383
Functions and Authorities Under
the Women, Peace, and Security
Act of 2017.
July 7................... Notice: Continuation of the 36479
National Emergency With Respect
to Hong Kong.
July 7................... Notice: Continuation of the 36481
National Emergency With Respect
to Transnational Criminal
Organizations.
July 19.................. Memorandum: Delegation of 39939
Authority Under Section 1285 of
the National Defense
Authorization Act for Fiscal Year
2020.
July 20.................. Notice: Continuation of the 38901
National Emergency With Respect
to Lebanon.
July 20.................. Notice: Continuation of the 38903
National Emergency With Respect
to Mali.
July 23.................. Memorandum: Delegation of 40913
Authority Under Section 506(a)(2)
of the Foreign Assistance Act of
1961.
July 23.................. Presidential Determination No. 40915
2021-09: Unexpected Urgent
Refugee and Migration Needs.
Aug. 5................... Memorandum: Deferred Enforced 43587
Departure for Certain Hong Kong
Residents.
Aug. 6................... Notice: Continuation of the 43901
National Emergency With Respect
to Export Control Regulations.
Aug. 10.................. Presidential Determination No. 45619
2021-10: Continuation of U.S.
Drug Interdiction Assistance to
the Government of Colombia.
Aug. 16.................. Presidential Determination No. 46757
2021-11: Unexpected Urgent
Refugee and Migration Needs.
Aug. 17.................. Memorandum: Maximizing Assistance 46759
To Respond to COVID-19.
Aug. 18.................. Memorandum: Ensuring a Safe Return 46951
to In-Person School for the
Nation's Children.
Aug. 27.................. Memorandum: Delegation of 49459
Authority Under Section 506(a)(1)
of the Foreign Assistance Act of
1961.
Sept. 7.................. Notice: Continuation of the 50601
National Emergency With Respect
to Foreign Interference in or
Undermining Public Confidence in
United States Elections.
Sept. 7.................. Presidential Determination No. 50831
2021-12: Continuation of the
Exercise of Certain Authorities
Under the Trading With the Enemy
Act.
Sept. 7.................. Memorandum: Delegation of 50991
Authorities Under Sections
552(c)(2) and 506(a)(1) of the
Foreign Assistance Act of 1961.
Sept. 9.................. Notice: Continuation of the 50835
National Emergency With Respect
to Certain Terrorist Attacks.
Sept. 15................. Notice: Continuation of the 52069
National Emergency With Respect
to Persons Who Commit, Threaten
To Commit, or Support Terrorism.
Sept. 15................. Presidential Determination No. 52819
2021-13: Presidential
Determination on Major Drug
Transit or Major Illicit Drug
Producing Countries for Fiscal
Year 2022.
Oct. 6................... Notice: Continuation of the 56829
National Emergency With Respect
to the Situation in and in
Relation to Syria.
[[Page 860]]
Oct. 8................... Presidential Determination No. 57525
2022-01: Presidential
Determination and Certification
With Respect to the Child
Soldiers Prevention Act of 2008.
Oct. 8................... Presidential Determination No. 57527
2022-02: Presidential
Determination on Refugee
Admissions for Fiscal Year 2022.
Oct. 12.................. Notice: Continuation of the 57319
National Emergency With Respect
to Significant Narcotics
Traffickers Centered in Colombia.
Oct. 22.................. Memorandum: Temporary 59599
Certification Regarding
Disclosure of Information in
Certain Records Related to the
Assassination of President John
F. Kennedy.
Oct. 22.................. Presidential Determination No. 60749
2022-03: Unexpected Urgent
Refugee and Migration Needs.
Oct. 25.................. Notice: Continuation of the 59277
National Emergency With Respect
to the Democratic Republic of the
Congo.
Oct. 28.................. Notice: Continuation of the 60355
National Emergency With Respect
to Sudan.
Oct. 29.................. Memorandum: Delegation of 60751
Functions and Authorities Under
Section 1299F(i) of the William
M. (Mac) Thornberry National
Defense Authorization Act for
Fiscal Year 2021.
Nov. 9................... Notice: Continuation of the 62709
National Emergency With Respect
to Iran.
Nov. 9................... Notice: Continuation of the 62711
National Emergency With Respect
to the Threat From Securities
Investments That Finance Certain
Companies of the People's
Republic of China.
Nov. 9................... Memorandum: Maximizing Assistance 64055
To Respond to COVID-19.
Nov. 10.................. Notice: Continuation of the 62891
National Emergency With Respect
to the Proliferation of Weapons
of Mass Destruction.
Nov. 12.................. Presidential Determination No. 64795
2022-04: Presidential
Determination Pursuant to Section
1245(d)(4)(B) and (C) of the
National Defense Authorization
Act for Fiscal Year 2012.
Nov. 16.................. Notice: Continuation of the 64793
National Emergency With Respect
to the Situation in Nicaragua.
Dec. 16.................. Notice: Continuation of the 71791
National Emergency With Respect
to Serious Human Rights Abuse and
Corruption.
Dec. 21.................. Presidential Determination No. 73587
2022-07: Presidential
Determination Pursuant to Section
303 of the Defense Production Act
of 1950, as Amended.
Dec. 21.................. Presidential Determination No. 73589
2022-08: Presidential
Determination Pursuant to Section
303 of the Defense Production Act
of 1950, as Amended.
------------------------------------------------------------------------
------------------------------------------------------------------------
87 FR
Signature Date Subject Page
------------------------------------------------------------------------
2021..............................
Dec. 27.................. Memorandum: Maximizing Assistance 27
to Respond to COVID-19.
------------------------------------------------------------------------
[[Page 861]]
Title 3--The President
Table 4--PRESIDENTIAL DOCUMENTS AFFECTED DURING 2021
________________________________________________________________________
Editorial note: The following abbreviations are used in this table:
EO Executive Order
FR Federal Register
PLO Public Land Order (43 CFR, Appendix to Chapter II)
Proc. Proclamation
Pub. L. Public Law
Stat. U.S. Statutes at Large
DCPD Daily Compilation of Presidential Documents
________________________________________________________________________
Proclamations
Date or Number
Comment
6763.............See Proc. 10326........................................
6867.............See Notice of Feb. 24, p. 772..........................
6920.............See EO 14048; Proc. 10286..............................
6982.............See Proc. 10286........................................
7350.............See Proc. 10326........................................
7463.............See Notice of Sept. 9, p. 810..........................
7747.............See Proc. 10326........................................
7757.............See Notice of Feb. 24, p. 772..........................
7826.............See Proc. 10326........................................
7987.............See Proc. 10326........................................
7991.............See Proc. 10326........................................
7996.............See Proc. 10326........................................
8034.............See Proc. 10326........................................
8111.............See Proc. 10326........................................
8271.............See Notice of June 21, p. 794..........................
8331.............See Proc. 10326........................................
8334.............See Proc. 10326........................................
8341.............See Proc. 10326........................................
8467.............See Proc. 10326........................................
8536.............See Proc. 10326........................................
8618.............See Proc. 10326........................................
8693.............See EOs 14022, 14024, 14033, 14038, 14046, 14054, 14059
8770.............See Proc. 10326........................................
8783.............See Proc. 10326........................................
[[Page 862]]
8818.............See Proc. 10326........................................
8894.............See Proc. 10326........................................
8921.............See Proc. 10326........................................
8947.............See EO 14048...........................................
9072.............See Proc. 10326........................................
9223.............See Proc. 10326........................................
9383.............See Proc. 10326........................................
9398.............See Notice of Feb. 24, p. 772..........................
9496.............See Proc. 10287........................................
9555.............See Proc. 10326........................................
9558.............See EO 14048; Proc. 10285..............................
9559.............See EO 14048...........................................
9645.............Revoked by Proc. 10141.................................
9681.............See EO 13990; Proc. 10285..............................
9682.............See EO 13990...........................................
9687.............See Proc. 10326........................................
9694.............See Proc. 10133; Amended by Proc. 10133................
9699.............See Notice of Feb. 24, p. 772..........................
9704.............Amended by Procs. 10139, 10327; See Proc. 10144........
9705.............Amended by Proc. 10328.................................
9710.............See Proc. 10327........................................
9711.............See Proc. 10328........................................
9723.............Revoked by Proc. 10141.................................
9739.............See Proc. 10327........................................
9740.............See Proc. 10328........................................
9834.............See Proc. 10326........................................
9844.............See Notice of Jan. 15, p. 742; Amended by Proc. 10142..
9880.............Revoked by EO 14010....................................
9887.............See Proc. 10133........................................
9902.............See Proc. 10133........................................
9945.............Revoked by Proc. 10209.................................
9974.............See Proc. 10326........................................
9979.............See Proc. 10133........................................
9980.............See Proc. 10328........................................
9983.............Revoked by Proc. 10141.................................
9984.............Amended by Proc. 10143; Revoked by Proc. 10294.........
9992.............Amended by Proc. 10143; Revoked by Proc. 10294.........
9993.............Terminated by Proc. 10138..............................
9994.............See EO 14043; Notice of Feb. 24, p. 772................
9996.............Terminated by Proc. 10138..............................
10014............Revoked by Proc. 10149.................................
10034............Superseded by Proc. 10210..............................
10041............Terminated by Proc. 10138..............................
10049............See EO 13990; Proc. 10287..............................
10052............Partially revoked by Proc. 10149.......................
[[Page 863]]
10053............See Proc. 10326........................................
10128............See Proc. 10326........................................
10131............Partially revoked by Proc. 10149.......................
10139............Revoked by Proc. 10144.................................
10143............Revoked by Proc. 10294.................................
10199............Revoked by Proc. 10294.................................
10294............See Procs. 10315, 10329................................
10315............Revoked by Proc. 10329.................................
10320............Amended by Proc. 10322.................................
Executive Orders
Date or Number
Comment
10582............Superseded by EO 14005.................................
11145............See EO 14048...........................................
11183............See EO 14048...........................................
11287............See EO 14048; Amended by EO 14048......................
11612............See EO 14048...........................................
12131............See EO 14048...........................................
12170............See Notices of Mar. 5, p. 776; Nov. 9, p. 822..........
12216............See EO 14048...........................................
12250............See EO 14020...........................................
12382............See EO 14048; Amended by EO 14048......................
12829............See EO 14048...........................................
12862............See EO 14058...........................................
12866............See EOs 14005, 14058; Memorandum of Jan. 20, p. 748....
12898............See EO 14008...........................................
12905............See EO 14048...........................................
12915............See EO 14048...........................................
12916............See EO 14048...........................................
12926............Superseded in part by EO 14019.........................
12938............See Notice of Nov. 10, p. 825..........................
12957............See Notices of Mar. 5, p. 776; Nov. 9, p. 822..........
12959............See Notice of Mar. 5, p. 776...........................
12963............See EO 14048...........................................
12978............See EO 14049...........................................
12994............See EO 14048...........................................
13007............See Proc. 10286........................................
13059............See Notice of Mar. 5, p. 776...........................
13067............See Notice of Oct. 28, p. 821..........................
13094............See Notice of Nov. 10, p. 825..........................
13112............See EO 14048...........................................
13125............Superseded by EO 14031.................................
13175............See Memorandum of Jan. 26, p. 756......................
13179............See EO 14048...........................................
[[Page 864]]
13198............Amended by EO 14015....................................
13219............See EO 14033; See Notice of June 8, p. 791.............
13222............See Notice of Aug. 6, p. 803...........................
13224............See Notice of Sept. 15, p. 810.........................
13231............See EO 14048; Amended by EO 14048......................
13265............See EO 14048; Amended by EO 14048......................
13279............Amended by EO 14015....................................
13280............Amended by EO 14015....................................
13288............Continued by Notice of Mar. 2, p. 775..................
13290............Continued by Notice of May 6, p. 784...................
13295............Amended by EO 14047....................................
13303............Continued by Notice of May 6, p. 784...................
13304............See EO 14033; See Notice of June 8, p. 791.............
13315............Continued by Notice of May 6, p. 784...................
13338............Continued by Notice of May 6, p. 782...................
13339............Superseded by EO 14031.................................
13342............Amended by EO 14015....................................
13350............Continued by Notice of May 6, p. 784...................
13364............Continued by Notice of May 6, p. 784...................
13375............See EO 14047...........................................
13382............See Notice of Nov. 10, p. 885..........................
13391............See Notice of Mar. 2, p. 775...........................
13397............Amended by EO 14015....................................
13399............Continued by Notice of May 6, p. 782...................
13400............See Notice of Oct. 28, p. 821..........................
13405............See EO 14038; Notice of June 8, p. 792.................
13412............See Notice of Oct. 28, p. 821..........................
13413............See Notice of Oct. 25, p. 820..........................
13423............See EO 14057...........................................
13438............Continued by Notice of May 6, p. 784...................
13441............See Notice of July 20, p. 799..........................
13460............Continued by Notice of May 6, p. 782...................
13466............See Notice of June 21, p. 794..........................
13469............See Notice of Mar. 2, p. 775...........................
13495............See EO 14055...........................................
13515............Superseded by EO 14031.................................
[[Page 865]]
13526............See EO 14040...........................................
13536............See Notice of Apr. 1, p. 778...........................
13540............See EO 14048...........................................
13548............See EO 14035...........................................
13549............See EO 14048...........................................
13551............See Notice of June 21, p. 794..........................
13553............See Notice of Mar. 5, p. 776...........................
13559............Amended by EO 14015....................................
13563............See Memorandum of Jan. 20, p. 748......................
13566............See Notice of Feb. 11, p. 771..........................
13570............See Notice of June 21, p. 794..........................
13571............See EO 14058...........................................
13572............Continued by Notice of May 6, p. 782...................
13573............Continued by Notice of May 6, p. 782...................
13574............See Notice of Mar. 5, p. 776...........................
13581............See Notice of July 7, p. 797...........................
13582............Continued by Notice of May 6, p. 782...................
13583............See EO 14035...........................................
13590............See Notice of Mar. 5, p. 776...........................
13592............Superseded by EO 14049.................................
13599............See Notice of Mar. 5, p. 776...........................
13603............See EO 14051...........................................
13606............See Notice of Mar. 5, p. 776; Continued by Notice of ..
May 6, p. 782
13608............See Notice of Mar. 5, p. 776; Continued by Notice of ..
May 6, p. 782
13611............See Notice of May 11, p. 785...........................
13620............See Notice of Apr. 1, p. 778...........................
13621............See EO 14048; Superseded and revoked by EO 14050.......
13622............See Notice of Mar. 5, p. 776...........................
13628............See Notice of Mar. 5, p. 776...........................
13645............See Notice of Mar. 5, p. 776...........................
13647............See EO 14049...........................................
13658............Superseded by EO 14026.................................
13660............Continued by Notice of Mar. 2, p. 773..................
13661............See Notice of Mar. 2, p. 773...........................
13662............See Notice of Mar. 2, p. 773...........................
13664............See Notice of Mar. 29, p. 777..........................
13667............See Notice of May 6, p. 783............................
13668............Continued by Notice of May 6, p. 784...................
13671............See Notice of Oct. 25, p. 820..........................
13674............See EO 14047...........................................
[[Page 866]]
13675............See EO 14048...........................................
13685............See Notice of Mar. 2, p. 773...........................
13687............See Notice of June 21, p. 794..........................
13690............Reinstated by EO 14030.................................
13692............Continued by Notice of Mar. 2, p. 774..................
13694............Amended by EO 13984; See Notice of Mar. 29, p. 777.....
13707............See EOs 14030, 14058...................................
13712............Terminated and revoked by EO 14054.....................
13716............See Notice of Mar. 5, p. 776...........................
13722............See Notice of June 21, p. 794..........................
13725............See EO 14036...........................................
13747............See EO 13987...........................................
13754............Reinstated by EO 13990.................................
13757............See Notice of Mar. 29, p. 777..........................
13761............See Notice of Oct. 28, p. 821..........................
13763............Revoked by EO 13973....................................
13765............Revoked by EO 14009....................................
13766............Revoked by EO 13990....................................
13767............See Proc. 10142; Revoked by EO 14010...................
13768............Revoked by EO 13993....................................
13770............Revoked by EO 13983....................................
13771............Revoked by EO 13992....................................
13772............Revoked by EO 14018....................................
13773............Revoked in part by EO 14060............................
13777............Revoked by EO 13992....................................
13778............Revoked by EO 13990....................................
13779............Superseded and revoked by EO 14041.....................
13783............Revoked by EO 13990....................................
13788............See EO 13975; Revoked by EO 14005......................
13792............Revoked by EO 13990....................................
13795............Reinstated by EO 13990; Revoked by EO 13990............
13801............Revoked by EO 14016....................................
13803............Superseded and revoked by EO 14056.....................
13804............See Notice of Oct. 28, p. 821..........................
13806............See EO 14017...........................................
13807............Revoked by EO 13990; See EO 14030......................
13808............See Notice of Mar. 2, p. 774...........................
13810............See Notice of June 21, p. 794..........................
13813............Revoked by EO 14009....................................
13815............Revoked by EO 14013....................................
13818............See Notice of Dec. 16, p. 827..........................
13827............See Notice of Mar. 2, p. 774...........................
[[Page 867]]
13828............Revoked by EO 14018....................................
13831............Revoked by EO 14015....................................
13834............Partially revoked by EO 13990; Revoked by EO 14057.....
13835............See Notice of Mar. 2, p. 774...........................
13836............Revoked by EO 14003....................................
13837............Revoked by EO 14003....................................
13838............Revoked by EO 14026....................................
13839............Revoked by EO 14003....................................
13841............Revoked by EO 14011....................................
13845............Revoked by EO 14025....................................
13846............See Notice of Mar. 5, p. 776...........................
13848............See Notice of Sept. 7, p. 808..........................
13849............See Notice of Mar. 2, p. 773...........................
13850............See Notice of Mar. 2, p. 774...........................
13851............See Notice of Nov. 16, p. 827..........................
13855............See EO 13976...........................................
13857............See Notice of Mar. 2, p. 774...........................
13858............See EO 13975; Revoked by EO 14005......................
13863............See Notice of July 7, p. 797...........................
13868............Revoked by EO 13990....................................
13871............See Notice of Mar. 5, p. 776...........................
13872............Superseded by EO 14031.................................
13873............See EOs 13971, 14034; Notice of May 11, p. 784.........
13875............Revoked by EO 13992....................................
13876............See Notice of Mar. 5, p. 776...........................
13880............Revoked by EO 13986....................................
13881............See EO 13975; Superseded by EO 14005...................
13882............See Notice of July 20, p. 799..........................
13884............See Notice of Mar. 2, p. 774...........................
13886............See Notice of Sept. 15, p. 810.........................
13888............Revoked by EO 14013....................................
13889............Superseded by EO 14048.................................
13891............Revoked by EO 13992....................................
13892............Revoked by EO 13992....................................
13893............Revoked by EO 13992....................................
13894............See Notice of Oct. 6, p. 813...........................
13895............Revoked by EO 14007....................................
13897............Revoked by EO 14055....................................
13902............See Notice of Mar. 5, p. 776...........................
13906............Superseded and revoked by EO 14056.....................
13910............See EO 14001...........................................
13920............Temporarily revoked by EO 13990........................
13924............Revoked by EO 14018....................................
13925............Revoked by EO 14029....................................
13927............Revoked by EO 13990....................................
13928............Terminated by EO 14022.................................
[[Page 868]]
13931............Revoked by EO 14025....................................
13933............Revoked by EO 14029....................................
13934............Amended by EO 13978; Revoked by EO 14029...............
13935............Superseded by EO 14045.................................
13936............See Notice of July 7, p. 797...........................
13942............Revoked by EO 14034....................................
13943............Revoked by EO 14034....................................
13949............See Notice of Mar. 5, p. 776...........................
13950............Revoked by EO 13985....................................
13953............See EO 14017...........................................
13957............Revoked by EO 14003; See EO 14029......................
13958............Revoked by EO 13985....................................
13959............Amended by EOs 13974, 14032; See Notice of Nov. 9, p. .
823
13964............Revoked by EO 14029....................................
13967............Revoked by EO 14018....................................
13970............Superseded by EO 14061.................................
13971............Revoked by EO 14034....................................
13974............Revoked by EO 14032; See Notice of Nov. 9, p. 823......
13975............Revoked by EO 14005....................................
13978............Revoked by EO 14029....................................
13979............Revoked by EO 14018....................................
13980............Revoked by EO 14029....................................
13985............See EOs 14020, 14030, 14031, 14035, 14057, 14058.......
13988............See EO 14035...........................................
13990............See EO 14057...........................................
13991............See EO 14043...........................................
13998............See Proc. 10143........................................
14001............See EO 14017...........................................
14003............See EO 14029...........................................
14005............See EOs 14008, 14057...................................
14007............Amended by EO 14044; See EOs 14048, 14057..............
14008............See EOs 14027, 14030, 14048, 14057.....................
14013............See Presidential Determination Nos. 2021-05 of Apr. 16,
p. 779; 2021-06 of May 3, p. 780
14017............See EOs 14051, 14057...................................
14020............See EO 14035...........................................
14024............See EO 14039...........................................
14030............See EO 14057...........................................
14031............See EO 14048...........................................
14032............See Notice of Nov. 9, p. 823...........................
14041............See EO 14048...........................................
14045............See EO 14048...........................................
[[Page 869]]
Other Presidential Documents
Date or Number
Comment
Presidential MemoSee EO 14048vember 29, 2004............................
National SecuritySee EO 14048l Directive-39 of December 8, 2004.........
Presidential MemoSee Memorandum of January 27, p. 757...................
Presidential MemoSee National Security Memorandum/NSM-4 of February 4, .
p. 768
Memorandum of SepSuperseded in part by Memorandum of May 18, p. 786.....
Presidential PoliSee EO 14028 41 of July 26, 2016.......................
Presidential MemoSee EO 14035tober 5, 2016..............................
Presidential MemoReinstated by EO 14008, 2016...........................
Presidential MemoReinstated by EO 13990 2016............................
Presidential MemoRevoked by Memorandum of January 28, p. 764............
Presidential MemoRevoked by EO 140132017................................
Presidential MemoRevoked by EO 14004, 2017..............................
Presidential MemoRevoked by EO 14004 2018...............................
Presidential MemoRevoked by EO 140102018................................
Presidential MemoRevoked by EO 140102018................................
Presidential MemoRevoked by EO 13990 2018...............................
National SecuritySee EO 13987l Memorandum-14 of September 18, 2018......
Presidential MemoRevoked by EO 139909, 2018.............................
Presidential MemoAmended by EO 1402017, 2019............................
Presidential PermRevoked by EO 139909...................................
Presidential PermRevoked by EO 139909...................................
Presidential MemoRevoked by EO 14012019.................................
Presidential MemoRevoked by EO 140031, 2019.............................
Presidential MemoRevoked by EO 140189, 2020.............................
Presidential MemoRevoked by EO 1399019, 2020............................
[[Page 870]]
Memorandum of JulRevoked by EO 13986....................................
Presidential MemoRevoked by EO 14018 2, 2020............................
Presidential DeteSee Presidential Determination No. 2021-12, p. 809.....
Presidential DeteSuperseded by Presidential Determination No. 2021-05, .
p. 779; See Presidential Determination No. 2021-06, p.
780
Memorandum of JanSee EO 140361..........................................
Memorandum of JanSee Memorandum of Feb. 2, p. 767.......................
Presidential MemoSee Memorandums of August 17, p. 824; November 9, p. ..
805
Presidential MemoSee EO 14053nuary 26, 2021.............................
National SecuritySee EO 14035of February 4, 2021........................
Presidential DeteSuperseded in part by Presidential Determination No. ..
2021-06, p. 780
Presidential DeteSuperseded by Presidential Determination No. 2021-09, .
p. 801
[[Page 871]]
Title 3--The President
Table 5--STATUTES CITED AS AUTHORITY FOR PRESIDENTIAL DOCUMENTS
________________________________________________________________________
Editorial note: Statutes which were cited as authority for the issuance
of Presidential documents contained in this volume are listed under one
of these headings. For authority cites for hortatory proclamations, see
the text of each proclamation:
United States Code
United States Statutes at Large
Public Laws
Short Title of Act
Citations have been set forth in the style in which they appear in the
documents. Since the form of citations varies from document to document,
users of this table should search under all headings for pertinent
references.
________________________________________________________________________
United States Code
U.S. Code Citation Presidential Document
2 U.S.C. 901a................ Order of May 28, p. 790
3 U.S.C. 301................. EOs 13971, 13974, 13983, 13984, 13989,
13996, 14001, 14014, 14022, 14024,
14032, 14033, 14034, 14038, 14039,
14042, 14046, 14051, 14054, 14059;
Procs. 10139, 10143, 10144, 10199,
10294, 10309, 10315, 10327, 10328;
Memorandums of Jan. 13, p. 738; June 4,
p. 791; June 8, p. 793; June 21, p. 796;
June 29, p. 796; July 19, p. 798; July
23, p. 800; Aug. 27, p. 807; Sept. 7, p.
809; Oct. 29, p. 822
5 U.S.C. App................. EOs 13976, 14023, 14031, 14045, 14048,
14050; Proc. 10286
5 U.S.C. 105................. EO 14019
5 U.S.C. 306(a).............. EO 14058
5 U.S.C. 551 et seq.......... EOs 13988, 13992, 14016, 14018, 14025,
14029, 14034
5 U.S.C. 553................. EO 13979
5 U.S.C. 1104, 3301 and 3302. EO 14035
5 U.S.C. 1535................ EOs 14023, 14050
5 U.S.C. 3161................ EO 14027
5 U.S.C. 3301................ EOs 13983, 13989, 14043
5 U.S.C. 3302................ EOs 14029, 14043
5 U.S.C. 3345 et seq......... EO 13973; Memorandum of Jan. 8, p. 737
5 U.S.C. 4302 and 4312....... EO 14058
5 U.S.C. 5701-5707........... EOs 14023, 14031, 14041, 14045, 14050
5 U.S.C. 7301................ EOs 13983, 13989, 14043
5 U.S.C. 7902(c)............. EO 13991
[[Page 872]]
6 U.S.C. 451................. EO 14028
7 U.S.C. 181 et seq.......... EO 14036
8 U.S.C. 1101 et seq......... EOs 14010, 14013
8 U.S.C. 1101(a)............. Presidential Determination Nos. 2021-05,
p. 779; 2022-02, p. 814
8 U.S.C. 1157................ Presidential Determination Nos. 2021-06,
p. 780; 2022-02, p. 814
8 U.S.C. 1158(b)............. Memorandums of Jan. 19, p. 744; Aug. 5,
p. 801
8 U.S.C. 1182(a)(3).......... Memorandums of Jan. 19, p. 744; Aug. 5,
p. 801; Proc. 10294
8 U.S.C. 1182(f)............. EOs 14014, 14022, 14024, 14033, 14038,
14046, 14054, 14059; Procs. 10138,
10141, 10143, 10199, 10209, 10294,
10309, 10315, 10329
8 U.S.C. 1185(a)............. EOs 14014, 14046, 14059; Procs. 10138,
10141, 10143, 10199, 10209, 10309,
10315, 10329
8 U.S.C. 1225(b)(1).......... EO 14010
8 U.S.C. 1227(a)(4).......... Memorandums of Jan. 19, p. 744; Aug. 5,
p. 801
8 U.S.C. 1254a(c)............ Memorandum of Jan. 20, p. 745
10 U.S.C. 161(b)(2).......... Memorandum of June 4, p. 791
10 U.S.C. 333................ Presidential Determination No. 2022-01,
p. 813
10 U.S.C. 2504............... EO 14017
12 U.S.C. 1828............... EO 14036
12 U.S.C. 1841 et seq........ EO 14036
12 U.S.C. 1842(c)............ EO 14036
12 U.S.C. 2291-4............. Presidential Determination No. 2021-10,
p. 803
15 U.S.C. 1 et seq........... EO 14036
15 U.S.C. 12 et seq.......... EO 14036
15 U.S.C. 18................. EO 14036
15 U.S.C. 41 et seq.......... EO 14036
15 U.S.C. 5511(b)............ EO 14007
15 U.S.C. 7503............... EO 14007
18 U.S.C. 926B, 926C......... EO 13977
18 U.S.C. 4042 (a)........... EO 14019
19 U.S.C. 2483............... Procs. 10144, 10326
19 U.S.C. 2902(a) and (e).... Proc. 10326
19 U.S.C. 3005(a)............ Proc. 10326
19 U.S.C. 3006(a)............ Proc. 10326
19 U.S.C. 3511(a)............ Proc. 10326
19 U.S.C. 3521............... Proc. 10326
20 U.S.C. 1681 et seq........ EO 14021
21 U.S.C. 2301 et seq........ EO 14059
21 U.S.C. 2312............... EO 14059
22 U.S.C. 2151n(d)........... Proc. 10149; National Security Memorandum/
NSM-4 of Feb. 4, p. 768
22 U.S.C. 2304(b)............ Proc. 10149
22 U.S.C. 2370c-1............ Presidential Determination No. 2022-01,
p. 813
22 U.S.C. 2601(b)............ Presidential Determination Nos. 2021-05,
p. 779; 2022-02, p. 814
22 U.S.C. 2601(c)(1)......... Presidential Determination Nos. 2021-08,
p. 793; 2021-09, p. 801; 2021-11, p.
804; 2022-03, p. 819
22 U.S.C. 2656............... EO 14027
25 U.S.C. 2451............... EO 14053
29 U.S.C. 201 et seq......... EO 14026
29 U.S.C. 203(t)............. EO 14026
29 U.S.C. 214(c)............. EO 14026
[[Page 873]]
31 U.S.C. 1115, 1116 and 1120 EO 14058
31 U.S.C. 1535............... EOs 14008, 14031, 14041, 14045, 14056
32 U.S.C. 502................ Memorandum of Jan. 21, p. 750
40 U.S.C. 101 et seq......... EOs 14026, 14042, 14055
40 U.S.C. 102(4)(A).......... EOs 14026, 14042
40 U.S.C. 3141 et seq........ EO 14026
41 U.S.C. 6701 et seq........ EO 14026
41 U.S.C. 7101 et seq........ EO 14026
42 U.S.C. 247d and 264....... EO 14001
42 U.S.C. 264(b)............. EO 14047
42 U.S.C. 300-300a-6......... Memorandum of Jan. 28, p. 764
42 U.S.C. 1996............... Proc. 10286
42 U.S.C. 3608(d)............ Memorandum of Jan. 26, p. 753
42 U.S.C. 5121-5207.......... Memorandums of Jan. 21, p. 750; Feb. 2,
p. 767; Aug. 17, p. 805; Nov. 9, p. 824;
Dec. 27, p. 829
42 U.S.C. 5149 and 5150...... EO 14001
42 U.S.C. 5170(b)............ Memorandums of Jan. 21, p. 750; Feb. 2,
p. 767; Aug. 17, p. 805; Nov. 9, p. 824
42 U.S.C. 5192............... Memorandums of Jan. 21, p. 750; Feb. 2,
p. 767; Aug. 17, p. 805; Nov. 9, p. 824
42 U.S.C. 5193............... Memorandums of Jan. 21, p. 750; Feb. 2,
p. 767; Aug. 17, p. 805; Nov. 9, p. 824
42 U.S.C. 7401-7671q......... EO 14037
43 U.S.C. 1341(a)............ EO 13990
44 U.S.C. 2107 note.......... Memorandum Oct. 22, p. 816
44 U.S.C. 3501............... EOs 14025, 14058
44 U.S.C. 3502............... EOs 14002, 14017, 14025
47 U.S.C. 151 et seq......... EO 14036
49 U.S.C. 11102(c)........... EO 14036
50 U.S.C. 98 et seq.......... EO 14051
50 U.S.C. 1601 et seq........ EOs 13971, 13974, 13984, 14014, 14022,
14024, 14032, 14033, 14034, 14038,
14039, 14046, 14054, 14059; Proc. 10142
50 U.S.C. 1622(a)............ EOs 14022, 14054
50 U.S.C. 1622(d)............ Notices of Jan. 15, p. 742; Feb. 11, p.
771; Feb. 24, p. 772; Feb. 24, p. 772;
Mar. 2, p. 773; Mar. 2, p. 774; Mar. 2,
p. 775; Mar. 5, p. 776; Mar. 29, p. 777;
Mar. 29, p. 777; Apr. 1, p. 778; May 6,
p. 782; May 6, p. 783; May 6, p. 784;
May 11, p. 784; May 11, p. 785; June 8,
p. 791; June 8, p. 792; June 21, p. 794;
July 7, p. 797; July 7, p. 797; July 20,
p. 799; July 20, p. 799; Aug. 6, p. 803;
Sept. 7, p. 808; Sept. 9, p. 810; Sept.
15, p. 810; Oct. 6, p. 813; Oct. 12, p.
815; Oct. 25, p. 820; Nov. 9, p. 822;
Nov. 9, p. 823; Nov. 10, p. 825; Nov.
16, p. 827; Dec. 16, p. 827
50 U.S.C. 1641(c)............ EOs 14014, 14024, 14032, 14046, 14059
50 U.S.C. 1701 et seq........ EOs 13971, 13974, 13984, 14014, 14022,
14024, 14032, 14033, 14034, 14038,
14039, 14046, 14054, 14059; Notices of
June 8, p. 792; July 7, p. 797; July 7,
p. 797; July 20, p. 799; Aug. 6, p. 803;
Sept. 15, p. 810; Oct. 6, p. 813; Oct,
12, p. 815; Oct. 25, p. 820; Nov. 9, p.
822; Nov. 9, p. 823; Dec. 16, p. 827
50 U.S.C. 1701-1706.......... Notices of July 20, p. 799; Oct. 28, p.
821; Nov. 16, p. 827
50 U.S.C. 1703(c)............ EOs 14014, 14024, 14032, 14046, 14059
[[Page 874]]
50 U.S.C. 4305............... Presidential Determination No. 2021-12,
p. 809
50 U.S.C. 4501 et seq........ EO 14001
50 U.S.C. 4533............... Presidential Determination Nos. 2022-07,
p. 828; 2022-08, p. 829
50 U.S.C. 20301 et seq....... EO 14019
54 U.S.C. 320301 et seq...... EO 13990; Procs. 10285, 10286, 10287
221 U.S. 1................... EO 14036
Public Laws
Law Number Presidential Document
87-195....................... Presidential Determination No. 2021-13 p.
811
93-406....................... EO 14030
95-223....................... Presidential Determination No. 2021-12 p.
809
96-212....................... EO 14013
98-369....................... EO 14036
99-335....................... EO 14030
100-418...................... Proc. 10326
100-685 (title V)............ EO 14056
101-611...................... EO 14056
105-335...................... Proc. 10286
105-355...................... Proc. 10286
106-554...................... Memorandum of Jan. 27, p. 757
107-228...................... Presidential Determination No. 2021-13 p.
811
108-173...................... EO 14036
109-344...................... Notice of Oct. 28, p. 821
110-140...................... EO 14037
111-11....................... Proc. 10286
111-117...................... EO 14057
111-274...................... EO 14058
112-81....................... Presidential Determination Nos. 2021-03,
p. 739; 2021-07, p. 790; 2022-04, p. 826
112-239...................... EO 14051
114-329 (title V)............ EO 14005
115-68....................... Memorandum of June 29, p. 796
115-336...................... EO 14058
115-435...................... EO 14035
116-92....................... EO 14039; Memorandum of July 19, p. 798
116-94....................... EO 14036
116-224...................... EO 14057
116-260 (Subtitle F of title Memorandum of June 21, p. 796
III Division FF).
116-270...................... EO 14041
116-283...................... EOs 14028, 14036, 14039; Memorandums of
June 8, p. 793; Oct. 29, p. 822
Short Title of Act
Title Presidential Document
African Growth and Opportunity Proc. 10326
Act.
Celler-Kefauver Act............. EO 14036
[[Page 875]]
Colombia-U.S. Trade Promotion Proc. 10326
Agreement.
Creating and Restoring Equal EO 14036
Access to Equivalent Samples
(CREATES) Act of 2019.
Dodd-Frank Wall Street Reform EO 14036
and Consumer Protection Act.
Dominican Republic-Central Proc. 10326
American-U.S. Free Trade
Agreement Implementation Act.
Foreign Assistance Act of 1961.. Memorandums of Jan. 13, p. 738; Jan.
28, p. 764; July 23, p. 800; Aug. 27,
p. 807; Sept. 7, p. 809
Homeland Security Act of 2002... EO 14028
Israel-U.S. Free Trade Area Proc. 10326
Implementation Act of 1985.
Korea-U.S. Free Trade Agreement. Proc. 10326
Mexico-Canada-U.S. Agreement Proc. 10326
Implementation Act.
National Defense Authorization Presidential Determination No. 2021-
Act for FY 2012. 03, p. 739
Omnibus Trade and Proc. 10326
Competitiveness Act of 1988.
Panama-U.S. Trade Promotion Proc. 10326
Agreement.
Peru-U.S. Trade Promotion Proc. 10326
Agreement.
Robert T. Stafford Disaster Memorandum of Dec. 27, p. 829
Relief and Emergency Assistance
Act.
Singapore-U.S. Free Trade Proc. 10326
Agreement.
Telecommunications Act of 1996.. EO 14036
Trade Act of 1974............... Procs. 10133, 10139, 10144, 10326,
10327, 10328
Trade Expansion Act of 1962..... Procs. 10139, 10144, 10327, 10328
Uruguay Round Agreements Act.... Proc. 10326
[[Page 877]]
LIST OF CFR SECTIONS AFFECTED
________________________________________________________________________
Editorial note: All changes in this volume of the Code of Federal
Regulations which were made by documents published in the Federal
Register since January 1, 2001, are enumerated in the following list.
Entries indicate the nature of the changes effected. Page numbers refer
to Federal Register pages. The user should consult the entries for
chapters and parts as well as sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000,'' published in
11 separate volumes.
Presidential documents affected during 2021 are set forth in Table 4
on page 861.
________________________________________________________________________
2016-2021
3 CFR
(No regulations issued)
[[Page 879]]
INDEX
A
Agency Rulemaking; Efforts To Ensure Democratic Accountability (EO 13979)
Aliens Who Have Been Physically Present in the Schengen Area, the United
Kingdom, the Republic of Ireland, and the Federative Republic of Brazil;
Termination of Suspension of Entry Into U.S. (Proc. 10138)
Aluminum Imports Into U.S.; Adjustment (Proc. 10139)
Amendments, Revocations, Suspensions, etc.
Proclamation 10315; Revocation (Proc. 10329)
Amendment to Proclamation 10320; Death of Robert J. Dole (Proc. 10322)
Armed Forces, U.S.:
Servicemembers; Efforts To Enable All Qualified Americans To Serve Their
Country in Uniform (EO 14004)
Arms and Munitions:
Weapons of Mass Destruction; Continuation of National Emergency With
Respect to Proliferation (Notice of November 10, p. 825
Asian Americans and Pacific Islanders, Racism, Xenophobia, and
Intolerance Against; U.S. Efforts To Condemn and Combat (Memorandum of
January 26, p. 751)
Asian Americans, Native Hawaiians, and Pacific Islanders; Efforts To
Advance Equity, Justice, and Opportunity (EO 14031)
B
Balanced Budget and Emergency Deficit Control Act, as Amended;
Sequestration Order for Fiscal Year 2022 (Order of May 28, p. 790)
Belarus; Blocking Property of Additional Persons Contributing to the
Situation (EO 14038)
Belarus; Continuation of National Emergency With Respect to Actions and
Policies of Certain Members of the Government of Belarus and Other
Persons To Undermine Democratic Processes or Institutions (Notice of June
8, p. 792)
Burma; Blocking Property (EO 14014)
Burundi; Termination of National Emergency (EO 14054)
C
Central African Republic; Continuation of National Emergency (Notice of
May 6, p. 783)
Certain Presidential Actions; Revocation (EO 14018)
Child Soldiers Prevention Act of 2008; Presidential Determination and
Certification (Presidential Determination No. 2022-01 of October 8, p.
813)
China; Continuation of National Emergency With Respect to Threat From
Securities Investments Financing Certain Companies (Notice of November 9,
p. 823)
China; Efforts To Address Threat From Securities Investments That Finance
Certain Companies (EO 14032)
Chinese Companies; Efforts To Address Threat Posed by Applications and
Other Software Development and Control (EO 13971)
Clean Cars and Trucks; U.S. Leadership, Strengthening Efforts (EO 14037)
Clean Energy Industries and Jobs; Efforts To Catalyze Through Federal
Sustainability (EO 14057)
Climate Crisis at Home and Abroad; Efforts To Tackle (EO 14008)
Climate Crisis; Efforts To Protect Public Health and Environment and
Restore Science (EO 13990)
Climate-Related Financial Risk; Mitigation Efforts (EO 14030)
[[Page 880]]
Colombia; Continuation of National Emergency With Respect to Significant
Narcotics Traffickers (Notice of October 12, p. 815)
Colombia; Continuation of U.S. Drug Interdiction Assistance (Presidential
Determination No. 2021-10 of August 10, p. 803)
Committees; Establishment, Renewal, Termination, etc.:
Climate Change Support Office; Establishment (EO 14027)
Continuance or Reestablishment of Certain Federal Advisory Committees
and Amendments to Other Executive Orders (EO 14048)
President's Council of Advisors on Science and Technology; Establishment
(EO 14007)
Reunification of Families, Interagency Task Force on the; Establishment
(EO 14011)
Supreme Court of the United States, Presidential Commission on the;
Establishment (EO 14023)
Transnational Organized Crime, U.S. Council on; Establishment (EO 14060)
White House Gender Policy Council; Establishment (EO 14020)
White House Office of Faith-Based and Neighborhood Partnerships;
Establishment (EO 14015)
Wildland Fire Management Policy Committee; Establishment (EO 13976)
Worker Organizing and Empowerment, Task Force on; Establishment (EO
14025)
Communist Chinese Military Companies; U.S. Efforts To Address Threat From
Securities Investments That Finance (EO 13974)
Congo, Democratic Republic of the; Continuation of National Emergency
(Notice of October 25, p. 820)
Coronavirus Disease 2019 (COVID-19) Pandemic; Continuation of National
Emergency (Notice of February 24, p. 772)
COVID-19 Pandemic; Economic Relief (EO 14002)
COVID-19 Pandemic; Efforts To Advance Safe Resumption of Global Travel
(Proc. 10294)
COVID-19 Response; Efforts To Maximize Assistance (Memorandum of November
9, p. 824)
COVID-19; Remembrance of the 500,000 American Lives Lost (Proc. 10148)
Cuba, Anchorage and Movement of Vessels; Continuation of National
Emergency (Notice of February 24, p. 772)
Cyber-Enabled Activities, Significant Malicious; Continuation of National
Emergency (Notice of March 29, p. 777)
D
Decennial Census; Efforts To Ensure Lawful and Accurate Enumeration and
Apportionment (EO 13986)
Defense and National Security:
2020 Unified Command Plan (Memorandum of June 4, p. 791)
Cybersecurity; Improvement Efforts (EO 14028)
Defense Production Act of 1950, as Amended; Determination Pursuant to
Section 303 (Presidential Determination No. 2022-08 of December 21, p. 829)
Defense Production Act of 1950; Determination Pursuant to Section 303
(Presidential Determination No. 2022-07 of December 21, p. 828)
National Defense Authorization Act for Fiscal Year 2012 (Presidential
Determination No. 2021-07 of May 19, p. 790)
National Defense Stockpile; Designation of Authority (EO 14051)
Significant Malicious Cyber-Enabled Activities; Additional Steps To
Address National Emergency (EO 13984)
Deferred Action for Childhood Arrivals (DACA) Policy; Efforts To Preserve
and Fortify (Memorandum of January 20, p. 747)
Discriminatory Bans on Entry Into the U.S.; Efforts To End (Proc. 10141)
Discriminatory Housing Practices and Policies; Efforts To Redress Federal
Government History (Memorandum of January 26, p. 753)
E
Economy, National; Efforts To Promote Competition (EO 14036)
Education:
[[Page 881]]
White House Initiative on Advancing Educational Equity, Excellence, and
Economic Opportunity for Black Americans; Establishment (EO 14050)
White House Initiative on Advancing Educational Equity, Excellence, and
Economic Opportunity Through Historically Black Colleges and Universities;
Establishment (EO 14041)
Education; Efforts To Guarantee Environment Free From Discrimination on
Basis of Sex, Including Sexual Orientation or Gender Identity (EO 14021)
Ethiopia; Imposing Sanctions on Certain Persons with Respect to the
Humanitarian and Human Rights Crisis (EO 14046)
Executive Order 13770; Revocation (EO 13983)
Executive Order 14007; Amendment (EO 14044)
Executive Orders, Amendments and Revocations:
Revocation of Executive Order 13801 (EO 14016)
Export Control Regulations; Continuation of National Emergency (Notice of
August 6, p. 803)
F
FBI's Crossfire Hurricane Investigation; Declassification of Certain
Materials (Memorandum of January 19, p. 742)
Federal Buildings and Facilities:
Building the National Garden of American Heroes (EO 13978)
Federal Contractors; Minimum Wage Increase (EO 14026)
Federal Regulation; Revocation of Certain Executive Orders (EO 13992)
Foreign Assistance Act of 1961; Delegation of Authorities Under Sections
552(c)(2) and 506(a)(1) (Memorandum of September 7, p. 809)
Foreign Assistance Act of 1961; Delegation of Authority (Memorandum of
January 13, p. 738)
Foreign Assistance Act of 1961; Delegation of Authority (Memorandum of
July 23, p. 800)
Foreign Assistance Act of 1961; Delegation of Authority Under Section
506(a)(1) (Memorandum of August 27, p. 807)
G
Gender Identity or Sexual Orientation; Efforts To Prevent and Combat
Discrimination (EO 13988)
Global Health and Security; Efforts To Organize and Mobilize the U.S.
Government To Provide Unified and Effective Responses To Combat COVID-19
and Provide U.S. Leadership (EO 13987)
Global Illicit Drug Trade; U.S. Sanctions on Foreign Persons Involved (EO
14059)
Government Agencies and Employees:
Coronavirus Disease 2019 Vaccination; Requirement for Federal Employees
(EO 14043)
COVID Safety Protocols for Federal Contractors; Improvement Efforts (EO
14042)
Ethics Commitments by Executive Branch Personnel (EO 13989)
Federal Customer Experience and Service Delivery; Efforts to Transform
to Rebuild Trust (EO 14058)
Federal Workforce Protection Efforts and Mask-Wearing Requirement (EO
13991)
Federal Workforce; Protection Efforts (EO 14003)
Nondisplacement of Qualified Workers Under Service Contracts (EO 14055)
Rates of Pay; Adjustments (EO 14061)
Government Agencies and Employees;
Environmental Protection Agency; Order of Succession (EO 13973)
Federal Workforce Diversity, Equity, Inclusion, and Accessibility;
Improvement Efforts (EO 14035)
Justice, Department of; Provisions To Restore Access-to-Justice Function
and Reinvigorate the White House Legal Aid Interagency Roundtable
(Memorandum of May 18, p. 786)
Government Organization and Employees:
Space Council, National; Reorganization (EO 14056)
H
Health and Human Services:
2019 Coronavirus Disease; Suspension of Entry Into U.S. as Immigrants
and Nonimmigrants Additional Persons Who Pose a Risk of Transmitting (Proc.
10315)
[[Page 882]]
2019 Coronavirus; Suspension of Entry Into U.S. as Nonimmigrants Certain
Persons Who Pose a Risk of Transmitting (Proc. 10199)
COVID-19 Response; Efforts to Maximize Federal Emergency Management
Agency Assistance (Memorandum of February 2, p. 767)
COVID-19 Response; Extension of Federal Support for Governors' Use of
National Guard and Increased Reimbursement and Other Assistance Provided to
States (Memorandum of January 21, p. 750)
Health and Medical Care:
Coronavirus Disease 2019; Suspension of Entry as Immigrants and
Nonimmigrants Certain Persons Who Pose a Risk of Transmitting (Proc. 10143)
COVID-19; Efforts to Maximize Response Assistance (Memorandum of August
17, p. 805; December 27, p. 829)
COVID-19 and Future High Consequence Public Health Threats; Efforts To
Ensure Data-Driven Response (EO 13994)
COVID-19 Care and Treatments; Efforts To Improve and Expand Access (EO
13997)
COVID-19 Pandemic Testing Board; Establishment and Efforts To Ensure a
Sustainable Public Health Workforce for COVID-19 and Other Biological
Threats (EO 13996)
COVID-19 Pandemic; Efforts To Ensure Equitable Response and Recovery (EO
13995)
COVID-19 Safety in Domestic and International Travel; Promotion Efforts
(EO 13998)
Women's Health at Home and Abroad; Protection Efforts (Memorandum of
January 28, p. 764)
Hong Kong Residents; Deferred Enforced Departure (Memorandum of August 5,
p. 801)
Hong Kong; Continuation of National Emergency (Notice of July 7, p. 797)
Human Rights Abuse and Corruption; Continuation of National Emergency
(Notice of December 16, p. 827)
Human Rights; Efforts to Advance for Lesbian, Gay, Bisexual, Transgender,
Queer, and Intersex Persons Around the World (National Security
Memorandum/NSM-4 of February 4, p. 768)
I
Immigration and Naturalization:
Legal Immigration System; Federal Government Efforts to Restore Faith
and Strengthen Integration and Inclusion Efforts for New Americans (EO
14012)
Refugees; Efforts To Rebuild and Enhance Resettlement Programs and Plan
for Climate Change Impact on Migration (EO 14013)
Unexpected Urgent Refugee and Migration Needs (Presidential
Determination No. 2021-09 of July 23, p. 801)
Unexpected Urgent Refugee and Migration Needs (Presidential
Determination No. 2021-11 of August 16, p. 804)
Immigration Enforcement, Civil; Revision of Policies and Priorities (EO
13993)
Immigration:
Unexpected Urgent Refugee and Migration Needs (Presidential
Determination No. 2021-08 of June 11, p. 793)
Unexpected Urgent Refugee and Migration Needs (Presidential
Determination No. 2022-03 of October 22, p. 819)
Information and Communication Technology and Services Supply Chain;
Continuation of National Emergency (Notice of May 11, p. 784)
Information Security; Efforts To Protect Americans' Sensitive Data From
Foreign Adversaries (EO 14034)
Infrastructure Investment and Jobs Act; Implementation (EO 14052)
International Criminal Court; Termination of Emergency (EO 14022)
International Development Finance Corporation, U.S.; Order of Succession
(Memorandum of January 8, p. 737)
Iran; Continuation of National Emergency (Notice of March 5, p. 776)
Iran; Continuation of National Emergency (Notice of November 9, p. 822)
[[Page 883]]
Iraq; Continuation of National Emergency Respecting Stabilization (Notice
of May 6, p. 784)
J
John F. Kennedy, Assassination; Temporary Certification of Disclosure of
Information in Certain Related Records (Memorandum of October 22, p. 816)
L
Labor:
America's Workers; Efforts To Ensure Future Is Made in All of America by
All Workers (EO 14005)
Law Enforcement Officers, Judges, Prosecutors, and Their Families;
Protection Efforts (EO 13977)
Law Enforcement Officers:
Honoring U.S. Capitol Police Officers (Proc. 10132)
Lebanon; Continuation of National Emergency (Notice of July 20, p. 799)
Liberians, Deferred Enforced Departure; Reinstatement (Memorandum of
January 20, p. 745)
Libya; Continuation of National Emergency (Notice of February 11, p. 771)
M
Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal
Year 2022; Presidential Determination (Presidential Determination No.
2021-13 of September 15, p. 811)
Mali; Continuation of National Emergency (Notice of July 20, p. 799)
Measles; Addition to List of Quarantinable Communicable Diseases (EO
14047)
Medicaid and Patient Protection and Affordable Care Act; Strengthening
Efforts (EO 14009)
Migration; Efforts to Create Comprehensive Regional Framework to Address
Causes, Manage Throughout North and Central America, and Provide Safe and
Orderly Processing of Asylum Seekers at U.S. Border (EO 14010)
Monuments, National:
Bears Ears (Proc. 10285)
Grand Staircase-Escalante (Proc. 10286)
Northeast Canyons and Seamounts Marine (Proc. 10287)
N
National Defense Authorization Act for Fiscal Year 2012; Presidential
Determination Pursuant to Section 1245(d)(4)(B) and (C) (Presidential
Determination No. 2022-04 of November 12, p. 826)
National Defense Authorization Act for Fiscal Year 2020; Delegation of
Authority Under Section 1285 (Memorandum of July 19, p. 798)
National Defense Authorization Act for FY 2012; Presidential
Determination (Presidential Determination No. 2021-03 of January 14, p.
739)
Native Americans and Indigenous People; Efforts to Improve Public Safety
and Criminal Justice and Address the Crisis of the Missing and Murdered
(EO 14053)
Native Americans, White House Initiative on Advancing Educational Equity,
Excellence, and Economic Opportunity and Strengthening Tribal Colleges
and Universities; Establishment (EO 14049)
Nicaragua; Continuation of National Emergency (Notice of November 16, p.
827)
Nicaragua; Suspension of Entry as Immigrants and Nonimmigrants of Persons
Responsible for Policies or Actions That Threaten Democracy (Proc. 10309)
North Korea; Continuation of National Emergency (Notice of June 21, p.
794)
P
Postal Service, U.S.: Effort To Encourage Buy American Policies (EO
13975)
Presidential Actions; Revocations and Technical Amendment (EO 14029)
Privately Operated Criminal Detention Facilities; Efforts To Reform U.S.
Incarceration System Through Elimination of Federal Use (EO 14006)
Proclamation 10014; Revocation (Proc. 10149)
Proclamation 9945; Revocation (Proc. 10209)
Public Health Supply Chain, Sustainable (EO 14001)
[[Page 884]]
R
Racial Equity and Support for Underserved Communities; Federal Government
Efforts To Advance (EO 13985)
Refugee Admissions for Fiscal Year 2021; Emergency Presidential
Determination (Presidential Determination No. 2021-05 of April 16, p.
779)
Refugee Admissions for Fiscal Year 2021; Emergency Presidential
Determination (Presidential Determination No. 2021-06 of May 3, p. 780)
Refugee Admissions for Fiscal Year 2022; Presidential Determination
(Presidential Determination No. 2022-02 of October 8, p. 814)
Regulatory Reform; Efforts To Protect Americans From Overcriminalization
(EO 13980)
Regulatory Review; Modernization Efforts (Memorandum of January 20, p.
748)
Russia; Blocking Property of Certain Energy Export Pipelines (EO 14039)
Russian Federation; Blocking Property With Respect to Specified Harmful
Foreign Activities of the Government (EO 14024)
S
School for the Nation's Children; Efforts To Ensure a Safe Return to In-
Person (Memorandum of August 18, p. 806)
Schools and Early Childhood Education Providers; Support for Reopening
and Continuing Operation (EO 14000)
Scientific Integrity and Evidence-Based Policymaking; Efforts To Restore
Trust in Government (Memorandum of January 27, p. 757)
September 11, 2001, Terrorist Attacks; Declassification Reviews of
Certain Documents (EO 14040)
Small Modular Reactors; Effort To Promote for National Defense and Space
Exploration (EO 13972)
Somalia; Continuation of National Emergency (Notice of April 1, p. 778)
South Sudan; Continuation of National Emergency (Notice of March 29, p.
777)
Southern Border, U.S.; Continuation of National Emergency (Notice of
January 15, p. 742)
Special Observances:
26th Amendment; 50th Anniversary (Proc. 10231)
60th Anniversary of the Freedom Rides (Proc. 10201)
Afghanistan; Honoring the Victims of the Attack in Kabul (Proc. 10240)
America Recycles Day (Proc. 10308)
American Education Week (Proc. 10306)
American Heart Month (Proc. 10145)
American Red Cross Month (Proc. 10150)
Anniversary of the Americans With Disabilities Act (Proc. 10236)
Antibiotic Awareness Week (Proc. 10310)
Armed Forces Day (Proc. 10210)
Asian American and Native Hawaiian/Pacific Islander Heritage Month
(Proc. 10189)
Bill of Rights Day (Proc. 10323)
Black Maternal Health Week (Proc. 10178)
Black Music Appreciation Month (Proc. 10220)
Blind Americans Equality Day (Proc. 10288)
California; Honoring Victims of the Tragedy in San Jose (Proc. 10217)
Captive Nations Week (Proc. 10233)
Cesar Chavez Day (Proc. 10163)
Child Health Day (Proc. 10277)
Columbus Day (Proc. 10281)
Constitution Day and Citizenship Day, and Constitution Week (Proc.
10258)
Critical Infrastructure Security and Resilience Month (Proc. 10295)
Cybersecurity Awareness Month (Proc. 10266)
Day of Remembrance: 100 Years After the 1921 Tulsa Race Massacre (Proc.
10219)
Days of Remembrance of Victims of the Holocaust (Proc. 10173)
Death of General Colin Powell (Proc. 10292)
Death of Harry Reid (Proc. 10330)
Death of Robert J. Dole (Proc. 10320)
Death of Walter F. Mondale (Proc. 10185)
Earth Day (Proc. 10186)
Education and Sharing Day, U.S.A. (Proc. 10159)
Emergency Medical Services Week (Proc. 10211)
Father's Day (Proc. 10230)
Fire Prevention Week (Proc. 10275)
[[Page 885]]
Flag Day and National Flag Week (Proc. 10227)
General Pulaski Memorial Day (Proc. 10282)
German-American Day (Proc. 10278)
Gold Star Mother's and Family's Day (Proc. 10264)
Great Outdoors Month (Proc. 10221)
Greek Independence Day: A National Day of Celebration of Greek and
American Democracy (Proc. 10161)
Honoring the Victims of the Tragedy in Boulder, CO (Proc. 10160)
Honoring the Victims of the Tragedy in Indianapolis, IN (Proc. 10181)
Honoring the Victims of the Tragedy in the Atlanta Metropolitan Area
(Proc. 10156)
Honoring U.S. Capitol Police Officers (Proc. 10174)
Human Rights Day and Human Rights Week (Proc. 10321)
Indigenous Peoples' Day (Proc. 10283)
International Day of Persons With Disabilities (Proc. 10318)
International Day of the Girl (Proc. 10284)
Irish-American Heritage Month (Proc. 10151)
Italy, Unification and Establishment of Diplomatic Relations With U.S.;
160th Anniversary (Proc. 10180)
Jewish American Heritage Month (Proc. 10190)
Juneteenth Day of Observance (Proc. 10229)
Labor Day (Proc. 10250)
Law Day, U.S.A. (Proc. 10197)
Leif Erikson Day (Proc. 10280)
Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month (Proc. 10222)
Loyalty Day (Proc. 10198)
Made in America Week (Proc. 10234)
Martin Luther King, Jr., Federal Holiday (Proc. 10135)
Military Spouse Appreciation Day (Proc. 10204)
Minority Enterprise Development Week (Proc. 10260)
Missing and Murdered Indigenous Persons Awareness Day (Proc. 10202)
Month of the Military Child (Proc. 10165)
Mother's Day (Proc. 10207)
National Adoption Month (Proc. 10296)
National Agriculture Day (Proc. 10158)
National Alzheimer's Disease Awareness Month (Proc. 10297)
National Apprenticeship Week (Proc. 10307)
National Arts and Humanities Month (Proc. 10267)
National Atomic Veterans Day (Proc. 10232)
National Black History Month (Proc. 10146)
National Breast Cancer Awareness Month (Proc. 10268)
National Building Safety Month (Proc. 10191)
National Cancer Act of 1971; 50th Anniversary (Proc. 10325)
National Cancer Control Month (Proc. 10166)
National Caribbean-American Heritage (Proc. 10223)
National Character Counts Week (Proc. 10290)
National Child Abuse Prevention Month (Proc. 10167)
National Child's Day (Proc. 10312)
National Childhood Cancer Awareness Month (Proc. 10242)
National Clean Energy Action Month (Proc. 10269)
National College Application Month (Proc. 10298)
National Colorectal Cancer Awareness Month (Proc. 10152)
National Community Policing Week (Proc. 10276)
National Consumer Protection Week (Proc. 10154)
National Crime Victims' Rights Week (Proc. 10182)
National Day of Prayer (Proc. 10203)
National Day of Unity (Proc. 10140)
National Days of Prayer and Remembrance (Proc. 10251)
National Defense Transportation Day and National Transportation Week
(Proc. 10212)
National Diabetes Month (Proc. 10299)
National Disability Employment Awareness Month (Proc. 10270)
National Domestic Violence Awareness and Prevention Month (Proc. 10271)
National Donate Life Month (Proc. 10168)
National Employer Support of the Guard and Reserve Week (Proc. 10238)
[[Page 886]]
National Entrepreneurship Month (Proc. 10300)
National Equal Pay Day (Proc. 10162)
National Fair Housing Month (Proc. 10177)
National Fair Housing Month (Proc. 10177); White House correction
National Family Caregivers Month (Proc. 10301)
National Family Week (Proc. 10313)
National Farm Safety and Health Week (Proc. 10261)
National Financial Capability Month (Proc. 10169)
National Forest Products Week (Proc. 10291)
National Former Prisoner of War Recognition Day (Proc. 10176)
National Foster Care Month (Proc. 10192)
National Grandparents Day (Proc. 10255)
National Health Center Week (Proc. 10237)
National Hepatitis Testing Day (Proc. 10214)
National Hispanic Heritage Month (Proc. 10257)
National Hispanic-Serving Institutions Week (Proc. 10256)
National Historically Black Colleges and Universities Week (Proc. 10249)
National Homeownership Month (Proc. 10224)
National Human Trafficking Prevention Month (Proc. 10331)
National Hunting and Fishing Day (Proc. 10262)
National Hurricane Preparedness Week (Proc. 10205)
National Immigrant Heritage Month (Proc. 10225)
National Impaired Driving Prevention Month (Proc. 10316)
National Korean War Veterans Armistice Day (Proc. 10235)
National Manufacturing Day (Proc. 10274)
National Maritime Day (Proc. 10216)
National Mental Health Awareness Month (Proc. 10193)
National Mentoring Month (Proc. 10332)
National Native American Heritage Month (Proc. 10302)
National Ocean Month (Proc. 10226)
National Ovarian Cancer Awareness Month (Proc. 10243)
National Park Week (Proc. 10184)
National Peace Officers' Memorial Service (Proc. 10289)
National Pearl Harbor Remembrance Day (Proc. 10319)
National Physical Fitness and Sports Month (Proc. 10194)
National Poison Prevention Week (Proc. 10157)
National POW/MIA Recognition Day (Proc. 10259)
National Preparedness Month (Proc. 10244)
National Prostate Cancer Awareness Month (Proc. 10245)
National Public Health Week (Proc. 10175)
National Public Lands Day (Proc. 10263)
National Recovery Month (Proc. 10246)
National Rural Health Day (Proc. 10311)
National Safe Boating Week (Proc. 10215)
National Sanctity of Human Life Day (Proc. 10136)
National School Choice Week (Proc. 10137)
National School Lunch Week (Proc. 10279)
National Sexual Assault Prevention and Awareness Month (Proc. 10170)
National Sickle Cell Awareness Month (Proc. 10247)
National Small Business Week (Proc. 10253)
National Stalking Awareness Month (Proc. 10333)
National Teacher Appreciation Day and National Teacher Appreciation Week
(Proc. 10195)
National Teen Dating Violence Awareness and Prevention Month (Proc.
10147)
National Veterans and Military Families Month (Proc. 10303)
National Volunteer Week (Proc. 10183)
National Voter Registration Day (Proc. 10265)
National Wilderness Month (Proc. 10248)
National Women's Health Week (Proc. 10206)
National Youth Justice Action Month (Proc. 10272)
[[Page 887]]
National Youth Substance Use Prevention Month (Proc. 10273)
Older Americans Month (Proc. 10200)
Overdose Awareness Week (Proc. 10241)
Pan American Day and Pan American Week (Proc. 10179)
Patriot Day and National Day of Service and Remembrance (Proc. 10254)
Peace Officers Memorial Day and Police Week (Proc. 10208)
Prayer for Peace, Memorial Day (Proc. 10218)
Public Service Recognition Week (Proc. 10196)
Read Across America Day (Proc. 10155)
Religious Freedom Day (Proc. 10134)
Second Chance Month (Proc. 10171)
Thanksgiving Day (Proc. 10314)
Transgender Day of Visibility (Proc. 10164)
United Nations Day (Proc. 10293)
Veterans Day (Proc. 10305)
Women's Equality Day (Proc. 10239)
Women's History Month (Proc. 10153)
Workers Memorial Day (Proc. 10188)
World AIDS Day (Proc. 10317)
World Autism Awareness Day (Proc. 10172)
World Elder Abuse Awareness Day (Proc. 10228)
World Freedom Day (Proc. 10304)
World Intellectual Property Day (Proc. 10187)
World Suicide Prevention Day (Proc. 10252)
World Trade Week (Proc. 10213)
Wright Brothers Day (Proc. 10324)
State, Department of:
Secretary; Delegation of Authority Under Section 1217(c) of Public Law
116-283 (Memorandum of June 8, p. 793)
Sudan; Continuation of National Emergency (Notice of October 28, p. 821)
Syria; Continuation of National Emergency (Notice of October 6, p. 813)
Syria; Continuation of National Emergency Respecting Government Actions
(Notice of May 6, p. 782)
T
Terrorism; Continuation of National Emergency Respecting Persons Who
Commit, Threaten To Commit, or Support (Notice of September 15, p. 810)
Terrorist Attacks; Continuation of National Emergency (Notice of
September 9, p. 810)
Trade:
Aluminum Imports Into U.S.; Adjustment (Proc. 10327)
Aluminum Imports Into U.S.; Adjustment (Proc. 10144)
Harmonized Tariff Schedule, U.S.; Modifications (Proc. 10326)
Large Residential Washers; Effort To Continue Facilitation of Positive
Adjustment to Competition From Imports (Proc. 10133)
Steel Imports Into the U. S.; Adjustment (Proc. 10328)
Trading With the Enemy Act; Continuation of Certain Authorities
(Presidential Determination No. 2021-12 of September 7, p. 809)
Transnational Criminal Organizations; Continuation of National Emergency
(Notice of July 7, p. 797)
Tribal Consultation and Nation-to-Nation Relationships; Strengthening
Efforts (Memorandum of January 26, p. 756)
U
U.S. Elections, Foreign Interference and Undermining Public Confidence;
Continuation of National Emergency (Notice of September 7, p. 808)
U.S. Southern Border; Termination of Emergency and Redirection of Funds
Diverted to Border Wall Construction (Proc. 10142)
U.S. Supply Chains; Strengthening Efforts (EO 14017)
Ukraine; Continuation of National Emergency (Notice of March 2, p. 773)
United States-Northern Triangle Enhanced Engagement Act; Delegation of
Certain Authorities and Functions Under Section 353 (Memorandum of June
21, p. 796)
Unmanned Aircraft Systems; Efforts To Protect U.S. (EO 13981)
V
Venezuela; Continuation of National Emergency (Notice of March 2, p. 774)
Venezuelans, Deferred Enforced Departure (Memorandum of January 19, p.
744)
Veterans, Service in Uzbekistan; Care (EO 13982)
[[Page 888]]
Voting Access; Promotion Efforts (EO 14019)
W
Western Balkans; Blocking Property and Suspending Entry Into U.S. of
Certain Persons Contributing to Destabilizing Situation (EO 14033)
Western Balkans; Continuation of National Emergency (Notice of June 8, p.
791)
White House Initiative on Advancing Educational Equity, Excellence, and
Economic Opportunity for Hispanics; Establishment (EO 14045)
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021; Delegation of Functions and Authorities (Memorandum of October
29, p. 822)
Women, Peace, and Security Act of 2017; Delegation of Certain Functions
and Authorities (Memorandum of June 29, p. 796)
Worker Health and Safety; Protection Efforts (EO 13999)
Y
Yemen; Continuation of National Emergency (Notice of May 11, p. 785)
Z
Zimbabwe; Continuation of National Emergency (Notice of March 2, p. 775)
[[Page 889]]
CFR FINDING AIDS
________________________________________________________________________
Editorial note: A list of CFR titles, subtitles, chapters, subchapters,
and parts, and an alphabetical list of agencies publishing in the CFR
are included in the CFR Index and Finding Aids volume to the Code of
Federal Regulations, which is published separately and revised annually
as of January 1.
The two finding aids on the following pages, the ``Table of CFR Titles
and Chapters'' and the ``Alphabetical List of Agencies Appearing in the
CFR'' apply to all 50 titles of the Code of Federal Regulations.
Reference aids specific to this volume appear in the section entitled
``Title 3 Finding Aids,'' found on page 843.
[[Page 891]]
Table of CFR Titles and Chapters
(Revised as of January 1, 2022)
Title 1--General Provisions
I Administrative Committee of the Federal Register
(Parts 1--49)
II Office of the Federal Register (Parts 50--299)
III Administrative Conference of the United States (Parts
300--399)
IV Miscellaneous Agencies (Parts 400--599)
VI National Capital Planning Commission (Parts 600--699)
Title 2--Grants and Agreements
Subtitle A--Office of Management and Budget Guidance
for Grants and Agreements
I Office of Management and Budget Governmentwide
Guidance for Grants and Agreements (Parts 2--199)
II Office of Management and Budget Guidance (Parts 200--
299)
Subtitle B--Federal Agency Regulations for Grants and
Agreements
III Department of Health and Human Services (Parts 300--
399)
IV Department of Agriculture (Parts 400--499)
VI Department of State (Parts 600--699)
VII Agency for International Development (Parts 700--799)
VIII Department of Veterans Affairs (Parts 800--899)
IX Department of Energy (Parts 900--999)
X Department of the Treasury (Parts 1000--1099)
XI Department of Defense (Parts 1100--1199)
XII Department of Transportation (Parts 1200--1299)
XIII Department of Commerce (Parts 1300--1399)
XIV Department of the Interior (Parts 1400--1499)
XV Environmental Protection Agency (Parts 1500--1599)
XVIII National Aeronautics and Space Administration (Parts
1800--1899)
XX United States Nuclear Regulatory Commission (Parts
2000--2099)
XXII Corporation for National and Community Service (Parts
2200--2299)
XXIII Social Security Administration (Parts 2300--2399)
XXIV Department of Housing and Urban Development (Parts
2400--2499)
XXV National Science Foundation (Parts 2500--2599)
XXVI National Archives and Records Administration (Parts
2600--2699)
[[Page 892]]
XXVII Small Business Administration (Parts 2700--2799)
XXVIII Department of Justice (Parts 2800--2899)
XXIX Department of Labor (Parts 2900--2999)
XXX Department of Homeland Security (Parts 3000--3099)
XXXI Institute of Museum and Library Services (Parts 3100--
3199)
XXXII National Endowment for the Arts (Parts 3200--3299)
XXXIII National Endowment for the Humanities (Parts 3300--
3399)
XXXIV Department of Education (Parts 3400--3499)
XXXV Export-Import Bank of the United States (Parts 3500--
3599)
XXXVI Office of National Drug Control Policy, Executive
Office of the President (Parts 3600--3699)
XXXVII Peace Corps (Parts 3700--3799)
LVIII Election Assistance Commission (Parts 5800--5899)
LIX Gulf Coast Ecosystem Restoration Council (Parts 5900--
5999)
Title 3--The President
I Executive Office of the President (Parts 100--199)
Title 4--Accounts
I Government Accountability Office (Parts 1--199)
Title 5--Administrative Personnel
I Office of Personnel Management (Parts 1--1199)
II Merit Systems Protection Board (Parts 1200--1299)
III Office of Management and Budget (Parts 1300--1399)
IV Office of Personnel Management and Office of the
Director of National Intelligence (Parts 1400--
1499)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
VIII Office of Special Counsel (Parts 1800--1899)
IX Appalachian Regional Commission (Parts 1900--1999)
XI Armed Forces Retirement Home (Parts 2100--2199)
XIV Federal Labor Relations Authority, General Counsel of
the Federal Labor Relations Authority and Federal
Service Impasses Panel (Parts 2400--2499)
XVI Office of Government Ethics (Parts 2600--2699)
XXI Department of the Treasury (Parts 3100--3199)
XXII Federal Deposit Insurance Corporation (Parts 3200--
3299)
XXIII Department of Energy (Parts 3300--3399)
XXIV Federal Energy Regulatory Commission (Parts 3400--
3499)
XXV Department of the Interior (Parts 3500--3599)
XXVI Department of Defense (Parts 3600--3699)
[[Page 893]]
XXVIII Department of Justice (Parts 3800--3899)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)
XXXIII U.S. International Development Finance Corporation
(Parts 4300--4399)
XXXIV Securities and Exchange Commission (Parts 4400--4499)
XXXV Office of Personnel Management (Parts 4500--4599)
XXXVI Department of Homeland Security (Parts 4600--4699)
XXXVII Federal Election Commission (Parts 4700--4799)
XL Interstate Commerce Commission (Parts 5000--5099)
XLI Commodity Futures Trading Commission (Parts 5100--
5199)
XLII Department of Labor (Parts 5200--5299)
XLIII National Science Foundation (Parts 5300--5399)
XLV Department of Health and Human Services (Parts 5500--
5599)
XLVI Postal Rate Commission (Parts 5600--5699)
XLVII Federal Trade Commission (Parts 5700--5799)
XLVIII Nuclear Regulatory Commission (Parts 5800--5899)
XLIX Federal Labor Relations Authority (Parts 5900--5999)
L Department of Transportation (Parts 6000--6099)
LII Export-Import Bank of the United States (Parts 6200--
6299)
LIII Department of Education (Parts 6300--6399)
LIV Environmental Protection Agency (Parts 6400--6499)
LV National Endowment for the Arts (Parts 6500--6599)
LVI National Endowment for the Humanities (Parts 6600--
6699)
LVII General Services Administration (Parts 6700--6799)
LVIII Board of Governors of the Federal Reserve System
(Parts 6800--6899)
LIX National Aeronautics and Space Administration (Parts
6900--6999)
LX United States Postal Service (Parts 7000--7099)
LXI National Labor Relations Board (Parts 7100--7199)
LXII Equal Employment Opportunity Commission (Parts 7200--
7299)
LXIII Inter-American Foundation (Parts 7300--7399)
LXIV Merit Systems Protection Board (Parts 7400--7499)
LXV Department of Housing and Urban Development (Parts
7500--7599)
LXVI National Archives and Records Administration (Parts
7600--7699)
LXVII Institute of Museum and Library Services (Parts 7700--
7799)
LXVIII Commission on Civil Rights (Parts 7800--7899)
LXIX Tennessee Valley Authority (Parts 7900--7999)
LXX Court Services and Offender Supervision Agency for the
District of Columbia (Parts 8000--8099)
LXXI Consumer Product Safety Commission (Parts 8100--8199)
LXXIII Department of Agriculture (Parts 8300--8399)
[[Page 894]]
LXXIV Federal Mine Safety and Health Review Commission
(Parts 8400--8499)
LXXVI Federal Retirement Thrift Investment Board (Parts
8600--8699)
LXXVII Office of Management and Budget (Parts 8700--8799)
LXXX Federal Housing Finance Agency (Parts 9000--9099)
LXXXIII Special Inspector General for Afghanistan
Reconstruction (Parts 9300--9399)
LXXXIV Bureau of Consumer Financial Protection (Parts 9400--
9499)
LXXXVI National Credit Union Administration (Parts 9600--
9699)
XCVII Department of Homeland Security Human Resources
Management System (Department of Homeland
Security--Office of Personnel Management) (Parts
9700--9799)
XCVIII Council of the Inspectors General on Integrity and
Efficiency (Parts 9800--9899)
XCIX Military Compensation and Retirement Modernization
Commission (Parts 9900--9999)
C National Council on Disability (Parts 10000--10049)
CI National Mediation Board (Parts 10100--10199)
CII U.S. Office of Special Counsel (Parts 10200--10299)
Title 6--Domestic Security
I Department of Homeland Security, Office of the
Secretary (Parts 1--199)
X Privacy and Civil Liberties Oversight Board (Parts
1000--1099)
Title 7--Agriculture
Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
I Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Parts 27--209)
II Food and Nutrition Service, Department of Agriculture
(Parts 210--299)
III Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 300--399)
IV Federal Crop Insurance Corporation, Department of
Agriculture (Parts 400--499)
V Agricultural Research Service, Department of
Agriculture (Parts 500--599)
VI Natural Resources Conservation Service, Department of
Agriculture (Parts 600--699)
VII Farm Service Agency, Department of Agriculture (Parts
700--799)
VIII Agricultural Marketing Service (Federal Grain
Inspection Service, Fair Trade Practices Program),
Department of Agriculture (Parts 800--899)
[[Page 895]]
IX Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department
of Agriculture (Parts 900--999)
X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI [Reserved]
XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
XVIII Rural Housing Service, Rural Business-Cooperative
Service, Rural Utilities Service, and Farm Service
Agency, Department of Agriculture (Parts 1800--
2099)
XX [Reserved]
XXV Office of Advocacy and Outreach, Department of
Agriculture (Parts 2500--2599)
XXVI Office of Inspector General, Department of Agriculture
(Parts 2600--2699)
XXVII Office of Information Resources Management, Department
of Agriculture (Parts 2700--2799)
XXVIII Office of Operations, Department of Agriculture (Parts
2800--2899)
XXIX Office of Energy Policy and New Uses, Department of
Agriculture (Parts 2900--2999)
XXX Office of the Chief Financial Officer, Department of
Agriculture (Parts 3000--3099)
XXXI Office of Environmental Quality, Department of
Agriculture (Parts 3100--3199)
XXXII Office of Procurement and Property Management,
Department of Agriculture (Parts 3200--3299)
XXXIII Office of Transportation, Department of Agriculture
(Parts 3300--3399)
XXXIV National Institute of Food and Agriculture (Parts
3400--3499)
XXXV Rural Housing Service, Department of Agriculture
(Parts 3500--3599)
XXXVI National Agricultural Statistics Service, Department
of Agriculture (Parts 3600--3699)
XXXVII Economic Research Service, Department of Agriculture
(Parts 3700--3799)
XXXVIII World Agricultural Outlook Board, Department of
Agriculture (Parts 3800--3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service and Rural Utilities
Service, Department of Agriculture (Parts 4200--
4299)
[[Page 896]]
L Rural Business-Cooperative Service, and Rural
Utilities Service, Department of Agriculture
(Parts 5000--5099)
Title 8--Aliens and Nationality
I Department of Homeland Security (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)
Title 9--Animals and Animal Products
I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)
II Agricultural Marketing Service (Fair Trade Practices
Program), Department of Agriculture (Parts 200--
299)
III Food Safety and Inspection Service, Department of
Agriculture (Parts 300--599)
Title 10--Energy
I Nuclear Regulatory Commission (Parts 0--199)
II Department of Energy (Parts 200--699)
III Department of Energy (Parts 700--999)
X Department of Energy (General Provisions) (Parts
1000--1099)
XIII Nuclear Waste Technical Review Board (Parts 1300--
1399)
XVII Defense Nuclear Facilities Safety Board (Parts 1700--
1799)
XVIII Northeast Interstate Low-Level Radioactive Waste
Commission (Parts 1800--1899)
Title 11--Federal Elections
I Federal Election Commission (Parts 1--9099)
II Election Assistance Commission (Parts 9400--9499)
Title 12--Banks and Banking
I Comptroller of the Currency, Department of the
Treasury (Parts 1--199)
II Federal Reserve System (Parts 200--299)
III Federal Deposit Insurance Corporation (Parts 300--399)
IV Export-Import Bank of the United States (Parts 400--
499)
V [Reserved]
VI Farm Credit Administration (Parts 600--699)
VII National Credit Union Administration (Parts 700--799)
VIII Federal Financing Bank (Parts 800--899)
IX (Parts 900--999) [Reserved]
X Bureau of Consumer Financial Protection (Parts 1000--
1099)
[[Page 897]]
XI Federal Financial Institutions Examination Council
(Parts 1100--1199)
XII Federal Housing Finance Agency (Parts 1200--1299)
XIII Financial Stability Oversight Council (Parts 1300--
1399)
XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVI Office of Financial Research, Department of the
Treasury (Parts 1600--1699)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700--1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)
Title 13--Business Credit and Assistance
I Small Business Administration (Parts 1--199)
III Economic Development Administration, Department of
Commerce (Parts 300--399)
IV Emergency Steel Guarantee Loan Board (Parts 400--499)
V Emergency Oil and Gas Guaranteed Loan Board (Parts
500--599)
Title 14--Aeronautics and Space
I Federal Aviation Administration, Department of
Transportation (Parts 1--199)
II Office of the Secretary, Department of Transportation
(Aviation Proceedings) (Parts 200--399)
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--1199)
V National Aeronautics and Space Administration (Parts
1200--1299)
VI Air Transportation System Stabilization (Parts 1300--
1399)
Title 15--Commerce and Foreign Trade
Subtitle A--Office of the Secretary of Commerce (Parts
0--29)
Subtitle B--Regulations Relating to Commerce and
Foreign Trade
I Bureau of the Census, Department of Commerce (Parts
30--199)
II National Institute of Standards and Technology,
Department of Commerce (Parts 200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Foreign-Trade Zones Board, Department of Commerce
(Parts 400--499)
VII Bureau of Industry and Security, Department of
Commerce (Parts 700--799)
[[Page 898]]
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
IX National Oceanic and Atmospheric Administration,
Department of Commerce (Parts 900--999)
XI National Technical Information Service, Department of
Commerce (Parts 1100--1199)
XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
XV Office of the Under-Secretary for Economic Affairs,
Department of Commerce (Parts 1500--1599)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399) [Reserved]
Title 16--Commercial Practices
I Federal Trade Commission (Parts 0--999)
II Consumer Product Safety Commission (Parts 1000--1799)
Title 17--Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1--199)
II Securities and Exchange Commission (Parts 200--399)
IV Department of the Treasury (Parts 400--499)
Title 18--Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of
Energy (Parts 1--399)
III Delaware River Basin Commission (Parts 400--499)
VI Water Resources Council (Parts 700--799)
VIII Susquehanna River Basin Commission (Parts 800--899)
XIII Tennessee Valley Authority (Parts 1300--1399)
Title 19--Customs Duties
I U.S. Customs and Border Protection, Department of
Homeland Security; Department of the Treasury
(Parts 0--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV U.S. Immigration and Customs Enforcement, Department
of Homeland Security (Parts 400--599) [Reserved]
[[Page 899]]
Title 20--Employees' Benefits
I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)
III Social Security Administration (Parts 400--499)
IV Employees' Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Office of Workers' Compensation Programs, Department
of Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 1000--1099)
Title 21--Food and Drugs
I Food and Drug Administration, Department of Health and
Human Services (Parts 1--1299)
II Drug Enforcement Administration, Department of Justice
(Parts 1300--1399)
III Office of National Drug Control Policy (Parts 1400--
1499)
Title 22--Foreign Relations
I Department of State (Parts 1--199)
II Agency for International Development (Parts 200--299)
III Peace Corps (Parts 300--399)
IV International Joint Commission, United States and
Canada (Parts 400--499)
V United States Agency for Global Media (Parts 500--599)
VII U.S. International Development Finance Corporation
(Parts 700--799)
IX Foreign Service Grievance Board (Parts 900--999)
X Inter-American Foundation (Parts 1000--1099)
XI International Boundary and Water Commission, United
States and Mexico, United States Section (Parts
1100--1199)
XII United States International Development Cooperation
Agency (Parts 1200--1299)
XIII Millennium Challenge Corporation (Parts 1300--1399)
XIV Foreign Service Labor Relations Board; Federal Labor
Relations Authority; General Counsel of the
Federal Labor Relations Authority; and the Foreign
Service Impasse Disputes Panel (Parts 1400--1499)
XV African Development Foundation (Parts 1500--1599)
XVI Japan-United States Friendship Commission (Parts
1600--1699)
XVII United States Institute of Peace (Parts 1700--1799)
[[Page 900]]
Title 23--Highways
I Federal Highway Administration, Department of
Transportation (Parts 1--999)
II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)
Title 24--Housing and Urban Development
Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)
II Office of Assistant Secretary for Housing-Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 200--299)
III Government National Mortgage Association, Department
of Housing and Urban Development (Parts 300--399)
IV Office of Housing and Office of Multifamily Housing
Assistance Restructuring, Department of Housing
and Urban Development (Parts 400--499)
V Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 500--599)
VI Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 600--699) [Reserved]
VII Office of the Secretary, Department of Housing and
Urban Development (Housing Assistance Programs and
Public and Indian Housing Programs) (Parts 700--
799)
VIII Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Section 8 Housing Assistance
Programs, Section 202 Direct Loan Program, Section
202 Supportive Housing for the Elderly Program and
Section 811 Supportive Housing for Persons With
Disabilities Program) (Parts 800--899)
IX Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban
Development (Parts 900--1699)
X Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Interstate Land Sales
Registration Program) (Parts 1700--1799)
[Reserved]
XII Office of Inspector General, Department of Housing and
Urban Development (Parts 2000--2099)
XV Emergency Mortgage Insurance and Loan Programs,
Department of Housing and Urban Development (Parts
2700--2799) [Reserved]
[[Page 901]]
XX Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 3200--3899)
XXIV Board of Directors of the HOPE for Homeowners Program
(Parts 4000--4099) [Reserved]
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)
Title 25--Indians
I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--899)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Part 900--999)
VI Office of the Assistant Secretary, Indian Affairs,
Department of the Interior (Parts 1000--1199)
VII Office of the Special Trustee for American Indians,
Department of the Interior (Parts 1200--1299)
Title 26--Internal Revenue
I Internal Revenue Service, Department of the Treasury
(Parts 1--End)
Title 27--Alcohol, Tobacco Products and Firearms
I Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury (Parts 1--399)
II Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice (Parts 400--799)
Title 28--Judicial Administration
I Department of Justice (Parts 0--299)
III Federal Prison Industries, Inc., Department of Justice
(Parts 300--399)
V Bureau of Prisons, Department of Justice (Parts 500--
599)
VI Offices of Independent Counsel, Department of Justice
(Parts 600--699)
VII Office of Independent Counsel (Parts 700--799)
VIII Court Services and Offender Supervision Agency for the
District of Columbia (Parts 800--899)
IX National Crime Prevention and Privacy Compact Council
(Parts 900--999)
[[Page 902]]
XI Department of Justice and Department of State (Parts
1100--1199)
Title 29--Labor
Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)
II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)
XVII Occupational Safety and Health Administration,
Department of Labor (Parts 1900--1999)
XX Occupational Safety and Health Review Commission
(Parts 2200--2499)
XXV Employee Benefits Security Administration, Department
of Labor (Parts 2500--2599)
XXVII Federal Mine Safety and Health Review Commission
(Parts 2700--2799)
XL Pension Benefit Guaranty Corporation (Parts 4000--
4999)
Title 30--Mineral Resources
I Mine Safety and Health Administration, Department of
Labor (Parts 1--199)
II Bureau of Safety and Environmental Enforcement,
Department of the Interior (Parts 200--299)
IV Geological Survey, Department of the Interior (Parts
400--499)
V Bureau of Ocean Energy Management, Department of the
Interior (Parts 500--599)
VII Office of Surface Mining Reclamation and Enforcement,
Department of the Interior (Parts 700--999)
XII Office of Natural Resources Revenue, Department of the
Interior (Parts 1200--1299)
Title 31--Money and Finance: Treasury
Subtitle A--Office of the Secretary of the Treasury
(Parts 0--50)
Subtitle B--Regulations Relating to Money and Finance
[[Page 903]]
I Monetary Offices, Department of the Treasury (Parts
51--199)
II Fiscal Service, Department of the Treasury (Parts
200--399)
IV Secret Service, Department of the Treasury (Parts
400--499)
V Office of Foreign Assets Control, Department of the
Treasury (Parts 500--599)
VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)
VIII Office of Investment Security, Department of the
Treasury (Parts 800--899)
IX Federal Claims Collection Standards (Department of the
Treasury--Department of Justice) (Parts 900--999)
X Financial Crimes Enforcement Network, Department of
the Treasury (Parts 1000--1099)
Title 32--National Defense
Subtitle A--Department of Defense
I Office of the Secretary of Defense (Parts 1--399)
V Department of the Army (Parts 400--699)
VI Department of the Navy (Parts 700--799)
VII Department of the Air Force (Parts 800--1099)
Subtitle B--Other Regulations Relating to National
Defense
XII Department of Defense, Defense Logistics Agency (Parts
1200--1299)
XVI Selective Service System (Parts 1600--1699)
XVII Office of the Director of National Intelligence (Parts
1700--1799)
XVIII National Counterintelligence Center (Parts 1800--1899)
XIX Central Intelligence Agency (Parts 1900--1999)
XX Information Security Oversight Office, National
Archives and Records Administration (Parts 2000--
2099)
XXI National Security Council (Parts 2100--2199)
XXIV Office of Science and Technology Policy (Parts 2400--
2499)
XXVII Office for Micronesian Status Negotiations (Parts
2700--2799)
XXVIII Office of the Vice President of the United States
(Parts 2800--2899)
Title 33--Navigation and Navigable Waters
I Coast Guard, Department of Homeland Security (Parts
1--199)
II Corps of Engineers, Department of the Army, Department
of Defense (Parts 200--399)
IV Great Lakes St. Lawrence Seaway Development
Corporation, Department of Transportation (Parts
400--499)
[[Page 904]]
Title 34--Education
Subtitle A--Office of the Secretary, Department of
Education (Parts 1--99)
Subtitle B--Regulations of the Offices of the
Department of Education
I Office for Civil Rights, Department of Education
(Parts 100--199)
II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)
III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of Career, Technical, and Adult Education,
Department of Education (Parts 400--499)
V Office of Bilingual Education and Minority Languages
Affairs, Department of Education (Parts 500--599)
[Reserved]
VI Office of Postsecondary Education, Department of
Education (Parts 600--699)
VII Office of Educational Research and Improvement,
Department of Education (Parts 700--799)
[Reserved]
Subtitle C--Regulations Relating to Education
XI [Reserved]
XII National Council on Disability (Parts 1200--1299)
Title 35 [Reserved]
Title 36--Parks, Forests, and Public Property
I National Park Service, Department of the Interior
(Parts 1--199)
II Forest Service, Department of Agriculture (Parts 200--
299)
III Corps of Engineers, Department of the Army (Parts
300--399)
IV American Battle Monuments Commission (Parts 400--499)
V Smithsonian Institution (Parts 500--599)
VI [Reserved]
VII Library of Congress (Parts 700--799)
VIII Advisory Council on Historic Preservation (Parts 800--
899)
IX Pennsylvania Avenue Development Corporation (Parts
900--999)
X Presidio Trust (Parts 1000--1099)
XI Architectural and Transportation Barriers Compliance
Board (Parts 1100--1199)
XII National Archives and Records Administration (Parts
1200--1299)
XV Oklahoma City National Memorial Trust (Parts 1500--
1599)
XVI Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Parts 1600--1699)
Title 37--Patents, Trademarks, and Copyrights
I United States Patent and Trademark Office, Department
of Commerce (Parts 1--199)
II U.S. Copyright Office, Library of Congress (Parts
200--299)
[[Page 905]]
III Copyright Royalty Board, Library of Congress (Parts
300--399)
IV National Institute of Standards and Technology,
Department of Commerce (Parts 400--599)
Title 38--Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0--199)
II Armed Forces Retirement Home (Parts 200--299)
Title 39--Postal Service
I United States Postal Service (Parts 1--999)
III Postal Regulatory Commission (Parts 3000--3099)
Title 40--Protection of Environment
I Environmental Protection Agency (Parts 1--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)
VII Environmental Protection Agency and Department of
Defense; Uniform National Discharge Standards for
Vessels of the Armed Forces (Parts 1700--1799)
VIII Gulf Coast Ecosystem Restoration Council (Parts 1800--
1899)
IX Federal Permitting Improvement Steering Council (Part
1900)
Title 41--Public Contracts and Property Management
Subtitle A--Federal Procurement Regulations System
[Note]
Subtitle B--Other Provisions Relating to Public
Contracts
50 Public Contracts, Department of Labor (Parts 50-1--50-
999)
51 Committee for Purchase From People Who Are Blind or
Severely Disabled (Parts 51-1--51-99)
60 Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Parts
60-1--60-999)
61 Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 61-1--61-999)
62--100 [Reserved]
Subtitle C--Federal Property Management Regulations
System
101 Federal Property Management Regulations (Parts 101-1--
101-99)
102 Federal Management Regulation (Parts 102-1--102-299)
103--104 [Reserved]
105 General Services Administration (Parts 105-1--105-999)
[[Page 906]]
109 Department of Energy Property Management Regulations
(Parts 109-1--109-99)
114 Department of the Interior (Parts 114-1--114-99)
115 Environmental Protection Agency (Parts 115-1--115-99)
128 Department of Justice (Parts 128-1--128-99)
129--200 [Reserved]
Subtitle D--Federal Acquisition Supply Chain Security
201 Federal Acquisition Security Council (Part 201)
Subtitle E [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300-99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Part 303-1--303-99)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)
Title 42--Public Health
I Public Health Service, Department of Health and Human
Services (Parts 1--199)
II--III [Reserved]
IV Centers for Medicare & Medicaid Services, Department
of Health and Human Services (Parts 400--699)
V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1099)
Title 43--Public Lands: Interior
Subtitle A--Office of the Secretary of the Interior
(Parts 1--199)
Subtitle B--Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior
(Parts 400--999)
II Bureau of Land Management, Department of the Interior
(Parts 1000--9999)
III Utah Reclamation Mitigation and Conservation
Commission (Parts 10000--10099)
Title 44--Emergency Management and Assistance
I Federal Emergency Management Agency, Department of
Homeland Security (Parts 0--399)
IV Department of Commerce and Department of
Transportation (Parts 400--499)
[[Page 907]]
Title 45--Public Welfare
Subtitle A--Department of Health and Human Services
(Parts 1--199)
Subtitle B--Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs),
Administration for Children and Families,
Department of Health and Human Services (Parts
200--299)
III Office of Child Support Enforcement (Child Support
Enforcement Program), Administration for Children
and Families, Department of Health and Human
Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families, Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
IX Denali Commission (Parts 900--999)
X Office of Community Services, Administration for
Children and Families, Department of Health and
Human Services (Parts 1000--1099)
XI National Foundation on the Arts and the Humanities
(Parts 1100--1199)
XII Corporation for National and Community Service (Parts
1200--1299)
XIII Administration for Children and Families, Department
of Health and Human Services (Parts 1300--1399)
XVI Legal Services Corporation (Parts 1600--1699)
XVII National Commission on Libraries and Information
Science (Parts 1700--1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800--
1899)
XXI Commission of Fine Arts (Parts 2100--2199)
XXIII Arctic Research Commission (Parts 2300--2399)
XXIV James Madison Memorial Fellowship Foundation (Parts
2400--2499)
XXV Corporation for National and Community Service (Parts
2500--2599)
Title 46--Shipping
I Coast Guard, Department of Homeland Security (Parts
1--199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
III Coast Guard (Great Lakes Pilotage), Department of
Homeland Security (Parts 400--499)
IV Federal Maritime Commission (Parts 500--599)
[[Page 908]]
Title 47--Telecommunication
I Federal Communications Commission (Parts 0--199)
II Office of Science and Technology Policy and National
Security Council (Parts 200--299)
III National Telecommunications and Information
Administration, Department of Commerce (Parts
300--399)
IV National Telecommunications and Information
Administration, Department of Commerce, and
National Highway Traffic Safety Administration,
Department of Transportation (Parts 400--499)
V The First Responder Network Authority (Parts 500--599)
Title 48--Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1--99)
2 Defense Acquisition Regulations System, Department of
Defense (Parts 200--299)
3 Department of Health and Human Services (Parts 300--
399)
4 Department of Agriculture (Parts 400--499)
5 General Services Administration (Parts 500--599)
6 Department of State (Parts 600--699)
7 Agency for International Development (Parts 700--799)
8 Department of Veterans Affairs (Parts 800--899)
9 Department of Energy (Parts 900--999)
10 Department of the Treasury (Parts 1000--1099)
12 Department of Transportation (Parts 1200--1299)
13 Department of Commerce (Parts 1300--1399)
14 Department of the Interior (Parts 1400--1499)
15 Environmental Protection Agency (Parts 1500--1599)
16 Office of Personnel Management Federal Employees
Health Benefits Acquisition Regulation (Parts
1600--1699)
17 Office of Personnel Management (Parts 1700--1799)
18 National Aeronautics and Space Administration (Parts
1800--1899)
19 Broadcasting Board of Governors (Parts 1900--1999)
20 Nuclear Regulatory Commission (Parts 2000--2099)
21 Office of Personnel Management, Federal Employees
Group Life Insurance Federal Acquisition
Regulation (Parts 2100--2199)
23 Social Security Administration (Parts 2300--2399)
24 Department of Housing and Urban Development (Parts
2400--2499)
25 National Science Foundation (Parts 2500--2599)
28 Department of Justice (Parts 2800--2899)
29 Department of Labor (Parts 2900--2999)
30 Department of Homeland Security, Homeland Security
Acquisition Regulation (HSAR) (Parts 3000--3099)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
[[Page 909]]
51 Department of the Army Acquisition Regulations (Parts
5100--5199) [Reserved]
52 Department of the Navy Acquisition Regulations (Parts
5200--5299)
53 Department of the Air Force Federal Acquisition
Regulation Supplement (Parts 5300--5399)
[Reserved]
54 Defense Logistics Agency, Department of Defense (Parts
5400--5499)
57 African Development Foundation (Parts 5700--5799)
61 Civilian Board of Contract Appeals, General Services
Administration (Parts 6100--6199)
99 Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and
Budget (Parts 9900--9999)
Title 49--Transportation
Subtitle A--Office of the Secretary of Transportation
(Parts 1--99)
Subtitle B--Other Regulations Relating to
Transportation
I Pipeline and Hazardous Materials Safety
Administration, Department of Transportation
(Parts 100--199)
II Federal Railroad Administration, Department of
Transportation (Parts 200--299)
III Federal Motor Carrier Safety Administration,
Department of Transportation (Parts 300--399)
IV Coast Guard, Department of Homeland Security (Parts
400--499)
V National Highway Traffic Safety Administration,
Department of Transportation (Parts 500--599)
VI Federal Transit Administration, Department of
Transportation (Parts 600--699)
VII National Railroad Passenger Corporation (AMTRAK)
(Parts 700--799)
VIII National Transportation Safety Board (Parts 800--999)
X Surface Transportation Board (Parts 1000--1399)
XI Research and Innovative Technology Administration,
Department of Transportation (Parts 1400--1499)
[Reserved]
XII Transportation Security Administration, Department of
Homeland Security (Parts 1500--1699)
Title 50--Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of
the Interior (Parts 1--199)
II National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 200--299)
III International Fishing and Related Activities (Parts
300--399)
[[Page 910]]
IV Joint Regulations (United States Fish and Wildlife
Service, Department of the Interior and National
Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of
Commerce); Endangered Species Committee
Regulations (Parts 400--499)
V Marine Mammal Commission (Parts 500--599)
VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)
[[Page 911]]
Alphabetical List of Agencies Appearing in the CFR
(Revised as of January 1, 2022)
CFR Title, Subtitle or
Agency Chapter
Administrative Conference of the United States 1, III
Advisory Council on Historic Preservation 36, VIII
Advocacy and Outreach, Office of 7, XXV
Afghanistan Reconstruction, Special Inspector 5, LXXXIII
General for
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development 2, VII; 22, II
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9,
II
Agricultural Research Service 7, V
Agriculture, Department of 2, IV; 5, LXXIII
Advocacy and Outreach, Office of 7, XXV
Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9,
II
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Economic Research Service 7, XXXVII
Energy Policy and New Uses, Office of 2, IX; 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Institute of Food and Agriculture 7, XXXIV
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Utilities Service 7, XVII, XVIII, XLII
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force, Department of 32, VII
Federal Acquisition Regulation Supplement 48, 53
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers 36, XI
Compliance Board
[[Page 912]]
Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI; 38, II
Army, Department of 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Benefits Review Board 20, VII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Blind or Severely Disabled, Committee for 41, 51
Purchase from People Who Are
Federal Acquisition Regulation 48, 19
Career, Technical, and Adult Education, Office 34, IV
of
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
Central Intelligence Agency 32, XIX
Chemical Safety and Hazard Investigation Board 40, VI
Chief Financial Officer, Office of 7, XXX
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X, XIII
Civil Rights, Commission on 5, LXVIII; 45, VII
Civil Rights, Office for 34, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce, Department of 2, XIII; 44, IV; 50, VI
Census Bureau 15, I
Economic Affairs, Office of the Under- 15, XV
Secretary for
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 13
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II; 37, IV
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Secretary of Commerce, Office of 15, Subtitle A
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining 29, IX
Commission
Consumer Financial Protection Bureau 5, LXXXIV; 12, X
Consumer Product Safety Commission 5, LXXI; 16, II
Copyright Royalty Board 37, III
Corporation for National and Community Service 2, XXII; 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council on Environmental Quality 40, V
Council of the Inspectors General on Integrity 5, XCVIII
and Efficiency
Court Services and Offender Supervision Agency 5, LXX; 28, VIII
for the District of Columbia
Customs and Border Protection 19, I
Defense, Department of 2, XI; 5, XXVI; 32,
Subtitle A; 40, VII
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
Army Department 32, V; 33, II; 36, III;
48, 51
Defense Acquisition Regulations System 48, 2
Defense Intelligence Agency 32, I
[[Page 913]]
Defense Logistics Agency 32, I, XII; 48, 54
Engineers, Corps of 33, II; 36, III
National Imagery and Mapping Agency 32, I
Navy, Department of 32, VI; 48, 52
Secretary of Defense, Office of 2, XI; 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Denali Commission 45, IX
Disability, National Council on 5, C; 34, XII
District of Columbia, Court Services and 5, LXX; 28, VIII
Offender Supervision Agency for the
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Office of the Under-Secretary 15, XV
for
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 2, XXXIV; 5, LIII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Career, Technical, and Adult Education, Office 34, IV
of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office 34, VII
of
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, 34, III
Office of
Educational Research and Improvement, Office of 34, VII
Election Assistance Commission 2, LVIII; 11, II
Elementary and Secondary Education, Office of 34, II
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Policy, National Commission for 1, IV
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 2, IX; 5, XXIII; 10, II,
III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV,
VII
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary 24, I
for
Executive Office of the President 3, I
Environmental Quality, Council on 40, V
Management and Budget, Office of 2, Subtitle A; 5, III,
LXXVII; 14, VI; 48, 99
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Security Council 32, XXI; 47, II
Presidential Documents 3
Science and Technology Policy, Office of 32, XXIV; 47, II
Trade Representative, Office of the United 15, XX
States
[[Page 914]]
Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV
Family Assistance, Office of 45, II
Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
Federal Communications Commission 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 5, XXXVII; 11, I
Federal Emergency Management Agency 44, I
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination 12, XI
Council
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Agency 5, LXXX; 12, XII
Federal Labor Relations Authority 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Permitting Improvement Steering Council 40, IX
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Financial Crimes Enforcement Network 31, X
Financial Research Office 12, XVI
Financial Stability Oversight Council 12, XIII
Fine Arts, Commission of 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the 45, V
United States
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61
Federal Acquisition Regulation 48, 5
Federal Management Regulation 41, 102
[[Page 915]]
Federal Property Management Regulations 41, 101
Federal Travel Regulation System 41, Subtitle F
General 41, 300
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death 41, 303
of Certain Employees
Relocation Allowances 41, 302
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Accountability Office 4, I
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Great Lakes St. Lawrence Seaway Development 33, IV
Corporation
Gulf Coast Ecosystem Restoration Council 2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 2, III; 5, XLV; 45,
Subtitle A
Centers for Medicare & Medicaid Services 42, IV
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X, XIII
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Indian Health Service 25, V
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 2, XXX; 5, XXXVI; 6, I; 8,
I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection 19, I
Federal Emergency Management Agency 44, I
Human Resources Management and Labor Relations 5, XCVII
Systems
Immigration and Customs Enforcement Bureau 19, IV
Transportation Security Administration 49, XII
HOPE for Homeowners Program, Board of Directors 24, XXIV
of
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Housing and Urban Development, Department of 2, XXIV; 5, LXV; 24,
Subtitle B
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Equal Opportunity, Office of Assistant 24, I
Secretary for
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office 12, XVII
of
Government National Mortgage Association 24, III
Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX
of Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Inspector General, Office of 24, XII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Secretary, Office of 24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau 19, IV
Immigration Review, Executive Office for 8, V
Independent Counsel, Office of 28, VII
Independent Counsel, Offices of 28, VI
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
[[Page 916]]
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V
Industry and Security, Bureau of 15, VII
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
Inspector General
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII, XV
Institute of Peace, United States 22, XVII
Inter-American Foundation 5, LXIII; 22, X
Interior, Department of 2, XIV
American Indians, Office of the Special 25, VII
Trustee
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
National Indian Gaming Commission 25, III
National Park Service 36, I
Natural Resource Revenue, Office of 30, XII
Ocean Energy Management, Bureau of 30, V
Reclamation, Bureau of 43, I
Safety and Environmental Enforcement, Bureau 30, II
of
Secretary of the Interior, Office of 2, XIV; 43, Subtitle A
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Internal Revenue Service 26, I
International Boundary and Water Commission, 22, XI
United States and Mexico, United States
Section
International Development, United States Agency 22, II
for
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, 22, XII
United States
International Development Finance Corporation, 5, XXXIII; 22, VII
U.S.
International Joint Commission, United States 22, IV
and Canada
International Organizations Employees Loyalty 5, V
Board
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
Investment Security, Office of 31, VIII
James Madison Memorial Fellowship Foundation 45, XXIV
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice, Department of 2, XXVIII; 5, XXVIII; 28,
I, XI; 40, IV
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration Review, Executive Office for 8, V
Independent Counsel, Offices of 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor, Department of 2, XXIX; 5, XLII
Benefits Review Board 20, VII
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Federal Acquisition Regulation 48, 29
[[Page 917]]
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I, VI
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Libraries and Information Science, National 45, XVII
Commission on
Library of Congress 36, VII
Copyright Royalty Board 37, III
U.S. Copyright Office 37, II
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II, LXIV
Micronesian Status Negotiations, Office for 32, XXVII
Military Compensation and Retirement 5, XCIX
Modernization Commission
Millennium Challenge Corporation 22, XIII
Mine Safety and Health Administration 30, I
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in 36, XVI
National Environmental Policy Foundation
Museum and Library Services, Institute of 2, XXXI
National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National and Community Service, Corporation for 2, XXII; 45, XII, XXV
National Archives and Records Administration 2, XXVI; 5, LXVI; 36, XII
Information Security Oversight Office 32, XX
National Capital Planning Commission 1, IV, VI
National Counterintelligence Center 32, XVIII
National Credit Union Administration 5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact 28, IX
Council
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Endowment for the Arts 2, XXXII
National Endowment for the Humanities 2, XXXIII
National Foundation on the Arts and the 45, XI
Humanities
National Geospatial-Intelligence Agency 32, I
National Highway Traffic Safety Administration 23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute of Food and Agriculture 7, XXXIV
National Institute of Standards and Technology 15, II; 37, IV
National Intelligence, Office of Director of 5, IV; 32, XVII
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 5, CI; 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV,
VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 2, XXV; 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI; 47, II
[[Page 918]]
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV, V
Administration
National Transportation Safety Board 49, VIII
Natural Resource Revenue, Office of 30, XII
Natural Resources Conservation Service 7, VI
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy, Department of 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Interstate Low-Level Radioactive Waste 10, XVIII
Commission
Nuclear Regulatory Commission 2, XX; 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Ocean Energy Management, Bureau of 30, V
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Patent and Trademark Office, United States 37, I
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death of 41, 303
Certain Employees
Peace Corps 2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, IV, XXXV; 45, VIII
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Human Resources Management and Labor Relations 5, XCVII
Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety 49, I
Administration
Postal Regulatory Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House 1, IV
Fellowships
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Privacy and Civil Liberties Oversight Board 6, X
Procurement and Property Management, Office of 7, XXXII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Refugee Resettlement, Office of 45, IV
Relocation Allowances 41, 302
Research and Innovative Technology 49, XI
Administration
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Utilities Service 7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of 30, II
Science and Technology Policy, Office of 32, XXIV; 47, II
Secret Service 31, IV
Securities and Exchange Commission 5, XXXIV; 17, II
Selective Service System 32, XVI
Small Business Administration 2, XXVII; 13, I
Smithsonian Institution 36, V
Social Security Administration 2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, 34, III
Office of
State, Department of 2, VI; 22, I; 28, XI
[[Page 919]]
Federal Acquisition Regulation 48, 6
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Tennessee Valley Authority 5, LXIX; 18, XIII
Trade Representative, United States, Office of 15, XX
Transportation, Department of 2, XII; 5, L
Commercial Space Transportation 14, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II
Federal Motor Carrier Safety Administration 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Great Lakes St. Lawrence Seaway Development 33, IV
Corporation
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 47, IV; 49, V
Pipeline and Hazardous Materials Safety 49, I
Administration
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury, Department of the 2, X; 5, XXI; 12, XV; 17,
IV; 31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs and Border Protection 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Claims Collection Standards 31, IX
Federal Law Enforcement Training Center 31, VII
Financial Crimes Enforcement Network 31, X
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Investment Security, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Truman, Harry S. Scholarship Foundation 45, XVIII
United States Agency for Global Media 22, V
United States and Canada, International Joint 22, IV
Commission
United States and Mexico, International Boundary 22, XI
and Water Commission, United States Section
U.S. Copyright Office 37, II
U.S. Office of Special Counsel 5, CII
Utah Reclamation Mitigation and Conservation 43, III
Commission
Veterans Affairs, Department of 2, VIII; 38, I
Federal Acquisition Regulation 48, 8
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I, VII
World Agricultural Outlook Board 7, XXXVIII