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

Complete official Federal Register PDF

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