issue-2021-01-22•Federal Register executive orders — 2021-01-22
Federal Register executive orders — 2021-01-22
issue-2021-01-22Federal Register executive orders — 2021-01-22Executive Order
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FR Doc. 2021-01646 Protecting the United States From Certain Unmanned Aircraft Systems
[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Presidential Documents]
[Pages 6821-6823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01646]
Presidential Documents
Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 /
Presidential Documents
[[Page 6821]]
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:
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
[[Page 6822]]
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 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
[[Page 6823]]
component does not include, for example, passive
electronics such as resistors, and non-data
transmitting motors, batteries, and wiring.
(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.
(Presidential Sig.)
THE WHITE HOUSE,
January 18, 2021.
[FR Doc. 2021-01646
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P
Complete official Federal Register PDF
FR Doc. 2021-01645 Protecting Americans From Overcriminalization Through Regulatory Reform
[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Presidential Documents]
[Pages 6817-6820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01645]
Presidential Documents
Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 /
Presidential Documents
[[Page 6817]]
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,
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.
[[Page 6818]]
(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 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
[[Page 6819]]
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.
(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.
[[Page 6820]]
(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.
(Presidential Sig.)
THE WHITE HOUSE,
January 18, 2021.
[FR Doc. 2021-01645
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P
Complete official Federal Register PDF
FR Doc. 2021-01644 Ensuring Democratic Accountability in Agency Rulemaking
[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Presidential Documents]
[Pages 6813-6815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01644]
Presidential Documents
Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 /
Presidential Documents
[[Page 6813]]
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.
(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.
[[Page 6814]]
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 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.
[[Page 6815]]
(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. 2021-01644
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P
Complete official Federal Register PDF
FR Doc. 2021-01643 Building the National Garden of American Heroes
[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
-----------------------------------------------------------------------
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
Presidential Documents
Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 6809]]
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
Complete official Federal Register PDF
FR Doc. 2021-01635 Protecting Law Enforcement Officers, Judges, Prosecutors, and Their Families
[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Presidential Documents]
[Pages 6803-6806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01635]
Presidential Documents
Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 /
Presidential Documents
[[Page 6803]]
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 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
[[Page 6804]]
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.
(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.
[[Page 6805]]
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;
(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.
[[Page 6806]]
(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. 2021-01635
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P
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