[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Presidential Documents]
[Pages 8839-8844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02804]



[[Page 8837]]

Vol. 86

Tuesday,

No. 25

February 9, 2021

Part II





The President





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Executive Order 14013--Rebuilding and Enhancing Programs To Resettle 
Refugees and Planning for the Impact of Climate Change on Migration
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                         Presidential Documents 
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  Federal Register / Vol. 86 , No. 25 / Tuesday, February 9, 2021 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 8839]]

                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.
                    (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.

[[Page 8840]]

                    (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 (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;

[[Page 8841]]

(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.

                    (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.
                    (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:

[[Page 8842]]

(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 
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

[[Page 8843]]

                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 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

[[Page 8844]]

                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 against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 4, 2021.

[FR Doc. 2021-02804
Filed 2-8-21; 11:15 am]
Billing code 3295-F1-P