[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Presidential Documents]
[Pages 6809-6812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01643]



[[Page 6807]]

Vol. 86

Friday,

No. 13

January 22, 2021

Part IV





The President





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Executive Order 13978--Building the National Garden of American Heroes



Executive Order 13979--Ensuring Democratic Accountability in Agency 
Rulemaking



Executive Order 13980--Protecting Americans From Overcriminalization 
Through Regulatory Reform



Executive Order 13981--Protecting the United States From Certain 
Unmanned Aircraft Systems
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                         Presidential Documents 
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  Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 / 
Presidential Documents  

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 Title 3--
 The President

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                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:

                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

[[Page 6810]]

                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 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 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,

[[Page 6811]]

                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 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.

[[Page 6812]]

                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 18, 2021.

[FR Doc. 2021-01643
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P