Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs

EXECUTIVE ORDER

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REDUCING REGULATION AND CONTROLLING REGULATORY COSTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Budget and Accounting Act of 1921, as amended (31 U.S.C. 1101 et seq.), section 1105 of title 31, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1.  Purpose.  It is the policy of the executive branch to be prudent and financially responsible in the expenditure of funds, from both public and private sources.  In addition to the management of the direct expenditure of taxpayer dollars through the budgeting process, it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations.  Toward that end, it is important that for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.

Sec. 2.  Regulatory Cap for Fiscal Year 2017.  (a)  Unless prohibited by law, whenever an executive department or agency (agency) publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed.

(b)  For fiscal year 2017, which is in progress, the heads of all agencies are directed that the total incremental cost of all new regulations, including repealed regulations, to be finalized this year shall be no greater than zero, unless otherwise required by law or consistent with advice provided in writing by the Director of the Office of Management and Budget (Director).

(c)  In furtherance of the requirement of subsection (a) of this section, any new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs associated with at least two prior regulations.  Any agency eliminating existing costs associated with prior regulations under this subsection shall do so in accordance with the Administrative Procedure Act and other applicable law.

(d)  The Director shall provide the heads of agencies with guidance on the implementation of this section.  Such guidance shall address, among other things, processes for standardizing the measurement and estimation of regulatory costs; standards for determining what qualifies as new and offsetting regulations; standards for determining the costs of existing regulations that are considered for elimination; processes for accounting for costs in different fiscal years; methods to oversee the issuance of rules with costs offset by savings at different times or different agencies; and emergencies and other circumstances that might justify individual waivers of the requirements of this section.  The Director shall consider phasing in and updating these requirements.

Sec. 3.  Annual Regulatory Cost Submissions to the Office of Management and Budget.  (a)  Beginning with the Regulatory Plans (required under Executive Order 12866 of September 30, 1993, as amended, or any successor order) for fiscal year 2018, and for each fiscal year thereafter, the head of each agency shall identify, for each regulation that increases incremental cost, the offsetting regulations described in section 2(c) of this order, and provide the agency’s best approximation of the total costs or savings associated with each new regulation or repealed regulation.

(b)  Each regulation approved by the Director during the Presidential budget process shall be included in the Unified Regulatory Agenda required under Executive Order 12866, as amended, or any successor order.

(c)  Unless otherwise required by law, no regulation shall be issued by an agency if it was not included on the most recent version or update of the published Unified Regulatory Agenda as required under Executive Order 12866, as amended, or any successor order, unless the issuance of such regulation was approved in advance in writing by the Director.

(d)  During the Presidential budget process, the Director shall identify to agencies a total amount of incremental costs that will be allowed for each agency in issuing new regulations and repealing regulations for the next fiscal year.  No regulations exceeding the agency’s total incremental cost allowance will be permitted in that fiscal year, unless required by law or approved in writing by the Director.  The total incremental cost allowance may allow an increase or require a reduction in total regulatory cost.

(e)  The Director shall provide the heads of agencies with guidance on the implementation of the requirements in this section.

Sec. 4.  Definition.  For purposes of this order the term “regulation” or “rule” means an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency, but does not include:

(a)  regulations issued with respect to a military, national security, or foreign affairs function of the United States;

(b)  regulations related to agency organization, management, or personnel; or

(c)  any other category of regulations exempted by the Director.

Sec. 5.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
January 30, 2017.

Executive Order: ETHICS COMMITMENTS BY EXECUTIVE BRANCH APPOINTEES

EXECUTIVE ORDER

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ETHICS COMMITMENTS BY EXECUTIVE BRANCH APPOINTEES

     By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and sections 3301 and 7301 of title 5, United States Code, it is hereby ordered as follows:

Section 1.  Ethics Pledge.  Every appointee in every executive agency appointed on or after January 20, 2017, shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming an appointee:

“As a condition, and in consideration, of my employment in the United States Government in an appointee position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law:

“1.  I will not, within 5 years after the termination of my employment as an appointee in any executive agency in which I am appointed to serve, engage in lobbying activities with respect to that agency.

“2.  If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions.

“3.  In addition to abiding by the limitations of paragraphs 1 and 2, I also agree, upon leaving Government service, not to engage in lobbying activities with respect to any covered executive branch official or non-career Senior Executive Service appointee for the remainder of the Administration.

“4.  I will not, at any time after the termination of my employment in the United States Government, engage in any activity on behalf of any foreign government or foreign political party which, were it undertaken on January 20, 2017, would require me to register under the Foreign Agents Registration Act of 1938, as amended.

“5.  I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee.

“6.  I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts.

“7.  If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 6, I will not for a period of 2 years after the date of my appointment participate in any particular matter on which I lobbied within the 2 years before the date of my appointment or participate in the specific issue area in which that particular matter falls.

“8.  I agree that any hiring or other employment decisions I make will be based on the candidate’s qualifications, competence, and experience.

“9.  I acknowledge that the Executive Order entitled ‘Ethics Commitments by Executive Branch Appointees,’ issued by the President on January 28, 2017, which I have read before signing this document, defines certain terms applicable to the foregoing obligations and sets forth the methods for enforcing them.  I expressly accept the provisions of that Executive Order as a part of this agreement and as binding on me.  I understand that the obligations of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Government service.”

Sec. 2.  Definitions.  As used herein and in the pledge set forth in section 1 of this order:

(a)  “Administration” means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this order.

(b)  “Appointee” means every full-time, non-career Presidential or Vice-Presidential appointee, non-career appointee in the Senior Executive Service (or other SES-type system), and appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency.  It does not include any person appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer.

(c)  “Covered executive branch official” shall have the definition set forth in the Lobbying Disclosure Act.

(d)  “Directly and substantially related to my former employer or former clients” shall mean matters in which the appointee’s former employer or a former client is a party or represents a party.

(e)  “Executive agency” and “agency” mean “executive agency” as defined in section 105 of title 5, United States Code, except that the terms shall include the Executive Office of the President, the United States Postal Service, and the Postal Regulatory Commission, and excludes the Government Accountability Office.  As used in paragraph 1 of the pledge, “executive agency” means the entire agency in which the appointee is appointed to serve, except that:

(1)  with respect to those appointees to whom such designations are applicable under section 207(h) of title 18, United States Code, the term means an agency or bureau designated by the Director of the Office of Government Ethics under section 207(h) as a separate department or agency at the time the appointee ceased to serve in that department or agency; and

(2)  an appointee who is detailed from one executive agency to another for more than 60 days in any calendar year shall be deemed to be an officer or employee of both agencies during the period such person is detailed.

(f)  “Foreign Agents Registration Act of 1938, as amended” means sections 611 through 621 of title 22, United States Code.

(g)  “Foreign government” means the “government of a foreign country,” as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. 611(e).

(h)  “Foreign political party” has the same meaning as that term has in section 1(f) of the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. 611(f).

(i)  “Former client” is any person for whom the appointee served personally as agent, attorney, or consultant within the 2 years prior to the date of his or her appointment, but excluding instances where the service provided was limited to a speech or similar appearance.  It does not include clients of the appointee’s former employer to whom the appointee did not personally provide services.

(j)  “Former employer” is any person for whom the appointee has within the 2 years prior to the date of his or her appointment served as an employee, officer, director, trustee, or general partner, except that “former employer” does not include any executive agency or other entity of the Federal Government, State or local government, the District of Columbia, Native American tribe, or any United States territory or possession.

(k)  “Gift”

(1)  shall have the definition set forth in section 2635.203(b) of title 5, Code of Federal Regulations;

(2)  shall include gifts that are solicited or accepted indirectly as defined at section 2635.203(f) of title 5, Code of Federal Regulations; and

(3)  shall exclude those items excluded by sections 2635.204(b), (c), (e)(1) & (3), (j), (k), and (l) of title 5, Code of Federal Regulations.

(l)  “Government official” means any employee of the executive branch.

(m)  “Lobbied” shall mean to have acted as a registered lobbyist.

(n)  “Lobbying activities” has the same meaning as that term has in the Lobbying Disclosure Act, except that the term does not include communicating or appearing with regard to:  a judicial proceeding; a criminal or civil law enforcement inquiry, investigation, or proceeding; or any agency process for rulemaking, adjudication, or licensing, as defined in and governed by the Administrative Procedure Act, as amended, 5 U.S.C. 551 et seq.

(o)  “Lobbying Disclosure Act” means sections 1601 et seq. of title 2, United States Code.

(p)  “Lobbyist” shall have the definition set forth in the Lobbying Disclosure Act.

(q)  “On behalf of another” means on behalf of a person or entity other than the individual signing the pledge or his or her spouse, child, or parent.

(r)  “Particular matter” shall have the same meaning as set forth in section 207 of title 28, United States Code, and section 2635.402(b)(3) of title 5, Code of Federal Regulations.

(s)  “Particular matter involving specific parties” shall have the same meaning as set forth in section 2641.201(h) of title 5, Code of Federal Regulations, except that it shall also include any meeting or other communication relating to the performance of one’s official duties with a former employer or former client, unless the communication applies to a particular matter of general applicability and participation in the meeting or other event is open to all interested parties.

(t)  “Participate” means to participate personally and substantially.

(u)  “Pledge” means the ethics pledge set forth in section 1 of this order.

(v)  “Post-employment restrictions” shall include the provisions and exceptions in section 207(c) of title 18, United States Code, and the implementing regulations.

(w)  “Registered lobbyist or lobbying organization” shall mean a lobbyist or an organization filing a registration pursuant to section 1603(a) of title 2, United States Code, and in the case of an organization filing such a registration, “registered lobbyist” shall include each of the lobbyists identified therein.

(x)  Terms that are used herein and in the pledge, and also used in section 207 of title 18, United States Code, shall be given the same meaning as they have in section 207 and any implementing regulations issued or to be issued by the Office of Government Ethics, except to the extent those terms are otherwise defined in this order.

(y)  All references to provisions of law and regulations shall refer to such provisions as in effect on January 20, 2017.

Sec. 3.  Waiver.  (a)  The President or his designee may grant to any person a waiver of any restrictions contained in the pledge signed by such person.

(b)  A waiver shall take effect when the certification is signed by the President or his designee.

(c)  A copy of the waiver certification shall be furnished to the person covered by the waiver and provided to the head of the agency in which that person is or was appointed to serve.

Sec. 4.  Administration.  (a)  The head of every executive agency shall establish for that agency such rules or procedures (conforming as nearly as practicable to the agency’s general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate:

(1)  to ensure that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; and

(2)  to ensure compliance with this order within the agency.

(b)  With respect to the Executive Office of the President, the duties set forth in section 4(a) shall be the responsibility of the Counsel to the President or such other official or officials to whom the President delegates those duties.

(c)  The Director of the Office of Government Ethics shall:

(1)  ensure that the pledge and a copy of this Executive Order are made available for use by agencies in fulfilling their duties under section 4(a);

(2)  in consultation with the Attorney General or Counsel to the President, when appropriate, assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge; and

(3)  adopt such rules or procedures (conforming as nearly as practicable to its generally applicable rules and procedures) as are necessary or appropriate:

(i)    to carry out the foregoing responsibilities;

(ii)   to apply the lobbyist gift ban set forth in paragraph 5 of the pledge to all executive branch employees;

(iii)  to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban;

(iv)   to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift as provided by section 2635.206 of title 5, Code of Federal Regulations;

(v)    to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by their official actions do not affect the integrity of the Government’s programs and operations; and

(vi)   to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph 8 of the pledge is honored by every employee of the executive branch;

(d)  An appointee who has signed the pledge is not required to sign the pledge again upon appointment or detail to a different office, except that a person who has ceased to be an appointee, due to termination of employment in the executive branch or otherwise, shall sign the pledge prior to thereafter assuming office as an appointee.

(e)  All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee’s agency for permanent retention in the appointee’s official personnel folder or equivalent folder.

Sec. 5.  Enforcement.  (a)  The contractual, fiduciary, and ethical commitments in the pledge provided for herein are solely enforceable by the United States by any legally available means, including any or all of the following:  debarment proceedings within any affected executive agency or civil judicial proceedings for declaratory, injunctive, or monetary relief.

(b)  Any former appointee who is determined, after notice and hearing, by the duly designated authority within any agency, to have violated his or her pledge may be barred from engaging in lobbying activities with respect to that agency for up to 5 years in addition to the 5-year time period covered by the pledge.  The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish procedures to implement this subsection, which shall include (but not be limited to) providing for factfinding and investigation of possible violations of this order and for referrals to the Attorney General for his or her consideration pursuant to subsection (c).

(c)  The Attorney General or his or her designee is authorized:

(1)  upon receiving information regarding the possible breach of any commitment in a signed pledge, to request any appropriate Federal investigative authority to conduct such investigations as may be appropriate; and

(2)  upon determining that there is a reasonable basis to believe that a breach of a commitment has occurred or will occur or continue, if not enjoined, to commence a civil action on behalf of the United States against the former officer or employee in any United States District Court with jurisdiction to consider the matter.

(d)  In such civil action, the Attorney General or his or her designee is authorized to request any and all relief authorized by law, including but not limited to:

(1)  such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or continuing conduct by the former officer or employee in breach of the commitments in the pledge he or she signed; and

(2)  establishment of a constructive trust for the benefit of the United States, requiring an accounting and payment to the United States Treasury of all money and other things of value received by, or payable to, the former officer or employee arising out of any breach or attempted breach of the pledge signed by the former officer or employee.

Sec. 6.  General Provisions.  (a)  This order supersedes Executive Order 13490 of January 21, 2009 (Ethics Commitments by Executive Branch Personnel), and therefore Executive Order 13490 is hereby revoked.  No other prior Executive Orders are repealed by this order.  To the extent that this order is inconsistent with any provision of any prior Executive Order, this order shall control.

(b)  If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected.

(c)  The pledge and this order are not intended to, and do not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party (other than by the United States) against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d)  The definitions set forth in this order are solely applicable to the terms of this order, and are not otherwise intended to impair or affect existing law.

(e)  Nothing in this order shall be construed to impair or otherwise affect:

(1)  the authority granted by law to an executive department, agency, or the head thereof; or

(2)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(f)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

DONALD J. TRUMP

Presidential Memorandum Organization of the National Security Council and the Homeland Security Council

January 28, 2017

MEMORANDUM FOR THE VICE PRESIDENT

THE SECRETARY OF STATE

THE SECRETARY OF THE TREASURY

THE SECRETARY OF DEFENSE

THE ATTORNEY GENERAL

THE SECRETARY OF AGRICULTURE

THE SECRETARY OF HEALTH AND HUMAN SERVICES

THE SECRETARY OF TRANSPORTATION

THE SECRETARY OF COMMERCE

THE SECRETARY OF ENERGY

THE SECRETARY OF HOMELAND SECURITY

THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF

THE ASSISTANT TO THE PRESIDENT AND CHIEF STRATEGIST

THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET

THE REPRESENTATIVE OF THE UNITED STATES TO THE

UNITED NATIONS

THE UNITED STATES TRADE REPRESENTATIVE

THE CHAIR OF THE COUNCIL OF ECONOMIC ADVISERS

THE CHAIRMAN OF THE BOARD OF GOVERNORS OF THE

FEDERAL RESERVE SYSTEM

THE DIRECTOR OF NATIONAL INTELLIGENCE

THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF

THE ASSISTANT TO THE PRESIDENT FOR NATIONAL

SECURITY AFFAIRS

THE ASSISTANT TO THE PRESIDENT FOR HOMELAND

SECURITY AND COUNTERTERRORISM

THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC

POLICY

THE ASSISTANT TO THE PRESIDENT

FOR TRADE AND MANUFACTURING POLICY

THE ASSISTANT TO THE PRESIDENT FOR

INTRAGOVERNMENTAL AND TECHNOLOGY INITIATIVES

THE Deputy Assistant to the President and

National Security Advisor to the Vice President

THE COUNSEL TO THE PRESIDENT

THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

THE ADMINISTRATOR OF THE NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

THE CHAIRMAN OF THE NUCLEAR REGULATORY COMMISSION

THE DIRECTOR OF THE FEDERAL BUREAU OF

INVESTIGATION

THE DIRECTOR OF THE OFFICE OF SCIENCE AND

TECHNOLOGY POLICY

THE DIRECTOR OF NATIONAL DRUG CONTROL POLICY

THE CHAIRMAN OF THE PRESIDENT’S INTELLIGENCE

ADVISORY BOARD

THE ADMINISTRATOR OF THE FEDERAL EMERGENCY

MANAGEMENT AGENCY

THE ARCHIVIST OF THE UNITED STATES

Organization of the National Security Council and the Homeland Security Council

As President, my highest priority is to ensure the safety and security of the American people.  In order to advise and assist me in executing this solemn responsibility, as well as to protect and advance the national interests of the United States at home and abroad, I hereby direct that my system for national security policy development and decision-making shall be organized as follows:

  1. The National Security Council, the Homeland Security Council, and Supporting Staff

The National Security Act of 1947, as amended, established the National Security Council (NSC) to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security.  There is also a Homeland Security Council (HSC) — established through Executive Order 13228 of October 8, 2001, and subsequently codified in the Homeland Security Act of 2002 — that has the purpose of advising the President on matters pertaining to homeland security.  Each Council is also responsible for the effective coordination of the security-related activities and functions of the executive departments and agencies.

The security threats facing the United States in the 21st century transcend international boundaries.  Accordingly, the United States Government’s decision-making structures and processes to address these challenges must remain equally adaptive and transformative.  Both Councils are statutory bodies that the President will continue to chair.  Invitations to participate in specific Council meetings shall be extended to those heads of executive departments and agencies, and other senior officials, who are needed to address the issue or issues under consideration.  When the President is absent from a meeting of either Council, the Vice President may preside at the President’s direction.

The Assistant to the President for National Security Affairs (National Security Advisor) and the Assistant to the President for Homeland Security and Counterterrorism (Homeland Security Advisor) shall be responsible, as appropriate and at the President’s direction, for determining the agenda for the NSC or HSC, respectively, ensuring that the necessary papers are prepared, and recording Council actions and Presidential decisions in a timely manner.  When international economic issues are on the agenda of the NSC, the National Security Advisor and the Assistant to the President for Economic Policy shall perform these tasks in concert.

The NSC and HSC shall have as their regular attendees (both statutory and non-statutory) the President, the Vice President, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Energy, the Secretary of Homeland Security, the National Security Advisor, the Homeland Security Advisor, and the Representative of the United States to the United Nations.  When international economic issues are on the agenda of the NSC, the NSC’s regular attendees will include the Secretary of Commerce, the United States Trade Representative, and the Assistant to the President for Economic Policy.  The Director of National Intelligence and the Chairman of the Joint Chiefs of Staff, as statutory advisers to the NSC, shall also attend NSC meetings.  The Assistant to the President and Chief of Staff, the Assistant to the President and Chief Strategist, the Counsel to the President, the Deputy Counsel to the President for National Security Affairs, and the Director of the Office of Management and Budget are invited as attendees to any NSC meeting.

In addition to the NSC and HSC, there is also a single NSC staff within the Executive Office of the President that serves both the NSC and HSC.  The staff is composed of regional, issue-focused, and functional directorates and headed by a single civilian Executive Secretary, pursuant to 50 U.S.C. 3021, who is also the Chief of Staff.  All policy and staff activity decisions will be transmitted to the Executive Secretary for appropriate distribution and awareness.  The purpose of the NSC staff is to advise me, the National Security Advisor, the Homeland Security Advisor, the NSC members, the HSC members, and others in the White House; to facilitate the implementation of Administration policy; and to help coordinate the national-security-related activities of the executive departments and agencies.

  1. The Principals Committee

The Principals Committee (PC) shall continue to serve as the Cabinet-level senior interagency forum for considering policy issues that affect the national security interests of the United States.  The PC shall be convened and chaired by the National Security Advisor or the Homeland Security Advisor, as appropriate, in consultation with the appropriate attendees of the PC.  The Chair shall determine the agenda in consultation with the appropriate committee members, and the Executive Secretary shall ensure that necessary papers are prepared and that conclusions and decisions are communicated in a timely manner.  Invitations to participate in or attend a specific PC shall be extended at the discretion of the National Security Advisor and the Homeland Security Advisor, and may include those Cabinet-level heads of executive departments and agencies, and other senior officials, who are needed to address the issue under consideration.

The PC shall have as its regular attendees the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Assistant to the President and Chief of Staff, the Assistant to the President and Chief Strategist, the National Security Advisor, and the Homeland Security Advisor.  The Director of National Intelligence and the Chairman of the Joint Chiefs of Staff shall attend where issues pertaining to their responsibilities and expertise are to be discussed.  The Counsel to the President, the Deputy Counsel to the President for National Security Affairs, and the Director of the Office of Management and Budget may attend all PC meetings.

The Assistant to the President and Deputy National Security Advisor (Deputy National Security Advisor), the Deputy Assistant to the President and National Security Advisor to the Vice President, and the Executive Secretary (who shall serve as the Executive Secretary of the PC) shall attend all of the meetings of the PC, and the Representative of the United States to the United Nations and the Assistant to the President for Intragovernmental and Technology Initiatives may attend as appropriate.

When international economic issues are on the agenda of the PC, the Committee’s regular attendees will include the Secretary of Commerce, the United States Trade Representative, and the Assistant to the President for Economic Policy (who shall serve as Chair for agenda items that principally pertain to international economics).\

  1. The Deputies Committee

The Deputies Committee (DC) shall continue to serve as the senior sub-Cabinet interagency forum for consideration of, and where appropriate, decision-making on, policy issues that affect the national security interests of the United States.  The DC shall be convened and chaired by the Deputy National Security Advisor or the Deputy Assistant to the President and Deputy Homeland Security Advisor (Deputy Homeland Security Advisor), as appropriate.  The Chair shall determine the agenda in consultation with the regular DC members, and the Executive Secretary shall ensure that necessary papers are prepared and that conclusions and decisions are communicated in a timely manner.  Invitations to participate in or attend a specific DC meeting shall be extended by the Chair to those at the Deputy or Under Secretary level of executive departments and agencies, and to other senior officials, who are needed to address the issue under consideration.

The DC shall have as its regular members the Deputy Secretary of State, the Deputy Secretary of the Treasury, the Deputy Secretary of Defense, the Deputy Attorney General, the Deputy Secretary of Homeland Security, the Deputy Director of the Office of Management and Budget, the Deputy Director of National Intelligence, the Vice Chairman of the Joint Chiefs of Staff,  the Deputy Assistant to the President and National Security Advisor to the Vice President, the Deputy National Security Advisor, the Deputy Homeland Security Advisor, and the Administrator of the United States Agency for International Development.

The Executive Secretary shall attend the DC meetings.  The Deputy Counsel to the President for National Security Affairs may attend all DC meetings.  The relevant Deputy Assistant to the President for the specific regional and functional issue under consideration shall also be invited to attend.  Likewise, when and where appropriate, the Deputy Assistant to the President for Strategic Planning, the Deputy Assistant to the President for Strategic Communication, the Deputy Assistant to the President for International Economic Affairs, the Deputy Assistant to the President for Transnational Issues, and the Deputy Representative of the United States to the United Nations, shall also be invited to attend.  Other senior officials shall be invited where appropriate.

The DC shall review and monitor the work of the interagency national security process, including the interagency groups established pursuant to section D below.  The DC shall help to ensure that issues brought before the NSC, HSC, and PC have been properly analyzed and prepared for decision.  The DC shall also focus significant attention on monitoring the implementation of policies and decisions and shall conduct periodic reviews of the Administration’s major national security and foreign policy initiatives.  The DC is responsible for establishing Policy Coordination Committees (PCCs) and for providing objectives and clear guidance.

  1. Policy Coordination Committees

Management of the development and implementation of national security policies by multiple executive departments and agencies typically shall be accomplished by the PCCs, with participation primarily occurring at the Assistant Secretary level.  As the main day-to-day fora for interagency coordination of national security policies, the PCCs shall provide policy analysis for consideration by the more senior committees of the national security system and ensure timely responses to the President’s decisions.

Regional and issue-related PCCs shall be established at the direction of the DC.  Members of the NSC staff (or National Economic Council staff, as appropriate) will chair the PCCs; the DC, at its discretion, may add co-chairs to any PCC.  The PCCs shall review and coordinate the implementation of Presidential decisions in their respective policy areas.  The Chair of each PCC, in consultation with the Executive Secretary, shall invite representatives of other executive departments and agencies to attend meetings of the PCC where appropriate.  The Chair of each PCC, with the agreement of the Executive Secretary, may establish subordinate working groups to assist that PCC in the performance of its duties.

An early meeting of the DC will be devoted to establishing the PCCs, determining their memberships, and providing them with mandates and strict guidance.  Until the DC has established otherwise, the existing system of Interagency Policy Committees shall continue.

  1. General

The President and the Vice President may attend any and all meetings of any entity established by or under this memorandum.

This document is part of a series of National Security Presidential Memoranda that shall replace both Presidential Policy Directives and Presidential Study Directives as the instrument for communicating relevant Presidential decisions.  This memorandum shall supersede all other existing Presidential guidance on the organization or support of the NSC and the HSC.  With regard to its application to economic matters, this document shall be interpreted in concert with any Executive Order governing the National Economic Council and with Presidential Memoranda signed hereafter that implement either this memorandum or that Executive Order.

The Secretary of Defense is hereby authorized and directed to publish this memorandum in the Federal Register.

DONALD J. TRUMP

 

Presidential Memorandum Plan to Defeat the Islamic State of Iraq and Syria

January 28, 2017

NATIONAL SECURITY PRESIDENTIAL MEMORANDUM – 3

MEMORANDUM FOR THE VICE PRESIDENT

THE SECRETARY OF STATE

THE SECRETARY OF THE TREASURY

THE SECRETARY OF DEFENSE

THE ATTORNEY GENERAL

THE SECRETARY OF ENERGY

THE SECRETARY OF HOMELAND SECURITY

THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF

THE DIRECTOR OF NATIONAL INTELLIGENCE

THE ASSISTANT TO THE PRESIDENT FOR
NATIONAL SECURITY AFFAIRS

THE COUNSEL TO THE PRESIDENT

THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF

SUBJECT: Plan to Defeat the Islamic State of Iraq and Syria

The Islamic State of Iraq and Syria, or ISIS, is not the only threat from radical Islamic terrorism that the United States faces, but it is among the most vicious and aggressive.  It is also attempting to create its own state, which ISIS claims as a “caliphate.”  But there can be no accommodation or negotiation with it.  For those reasons I am directing my Administration to develop a comprehensive plan to defeat ISIS.

ISIS is responsible for the violent murder of American citizens in the Middle East, including the beheadings of James Foley, Steven Sotloff, and Peter Abdul-Rahman Kassig, as well as the death of Kayla Mueller.  In addition, ISIS has inspired attacks in the United States, including the December 2015 attack in San Bernardino, California, and the June 2016 attack in Orlando, Florida.  ISIS is complicit in a number of terrorist attacks on our allies in which Americans have been wounded or killed, such as the November 2015 attack in Paris, France, the March 2016 attack in Brussels, Belgium, the July 2016 attack in Nice, France, and the December 2016 attack in Berlin, Germany.

ISIS has engaged in a systematic campaign of persecution and extermination in those territories it enters or controls.  If ISIS is left in power, the threat that it poses will only grow.  We know it has attempted to develop chemical weapons capability.  It continues to radicalize our own citizens, and its attacks against our allies and partners continue to mount.  The United States must take decisive action to defeat ISIS.

Sec. 1.  Policy.  It is the policy of the United States that ISIS be defeated.

Sec. 2.  Policy Coordination.  Policy coordination, guidance, dispute resolution, and periodic in-progress reviews for the functions and programs described and assigned in this memorandum shall be provided through the interagency process established in National Security Presidential Memorandum – 2 of January 28, 2017 (Organization of the National Security Council and the Homeland Security Council), or any successor.

(i)    Development of a new plan to defeat ISIS (the Plan) shall commence immediately.

(ii)   Within 30 days, a preliminary draft of the Plan to defeat ISIS shall be submitted to the President by the Secretary of Defense.

(iii)  The Plan shall include:

(A)  a comprehensive strategy and plans for the defeat of ISIS;

(B)  recommended changes to any United States rules of engagement and other United States policy restrictions that exceed the requirements of international law regarding the use of force against ISIS;

(C)  public diplomacy, information operations, and cyber strategies to isolate and delegitimize ISIS and its radical Islamist ideology;

(D)  identification of new coalition partners in the fight against ISIS and policies to empower coalition partners to fight ISIS and its affiliates;

(E)  mechanisms to cut off or seize ISIS’s financial support, including financial transfers, money laundering, oil revenue, human trafficking, sales of looted art and historical artifacts, and other revenue sources; and

(F)  a detailed strategy to robustly fund the Plan.

(b)  Participants.  The Secretary of Defense shall develop the Plan in collaboration with the Secretary of State, the Secretary of the Treasury, the Secretary of Homeland Security, the Director of National Intelligence, the Chairman of the Joint Chiefs of Staff, the Assistant to the President for National Security Affairs, and the Assistant to the President for Homeland Security and Counterterrorism.

(c)  Development of the Plan.  Consistent with applicable law, the Participants identified in subsection (b) of this section shall compile all information in the possession of the Federal Government relevant to the defeat of ISIS and its affiliates.  All executive departments and agencies shall, to the extent permitted by law, promptly comply with any request of the Participants to provide information in their possession or control pertaining to ISIS.  The Participants may seek further information relevant to the Plan from any appropriate source.

(d)  The Secretary of Defense is hereby authorized and directed to publish this memorandum in the Federal Register

DONALD J. TRUMP

Presidential Memorandum on Rebuilding the U.S. Armed Forces

NATIONAL SECURITY PRESIDENTIAL MEMORANDUM

MEMORANDUM FOR THE SECRETARY OF DEFENSE
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET

SUBJECT:  Rebuilding the U.S. Armed Forces

By the authority vested in me as President by the Constitution and the laws of the United States, including my authority as Commander in Chief of the Armed Forces of the United States, I hereby direct the following:

Section 1.  Policy.  To pursue peace through strength, it shall be the policy of the United States to rebuild the U.S. Armed Forces.

Sec. 2.  Readiness.  (a)  The Secretary of Defense (Secretary) shall conduct a 30-day Readiness Review.  As part of this review, the Secretary shall:

(i)   assess readiness conditions, including training, equipment maintenance, munitions, modernization, and infrastructure; and

(ii)  submit to the President a report identifying actions that can be implemented within the current fiscal year and that are necessary to improve readiness conditions.

(b)  Concurrently with the Readiness Review, the Secretary, together with the Director of the Office of Management and Budget (OMB), shall develop a Fiscal Year (FY) 2017 budget amendment for military readiness, including any proposed reallocations.

(c)  The Secretary shall work with the Director of OMB to develop levels for the Department of Defense’s FY 2018 budget request that are necessary to improve readiness conditions and address risks to national security.

(d)  Within 60 days of the date of this order, the Secretary shall submit to the President a plan of action to achieve the levels of readiness identified in the Secretary’s Readiness Review before FY 2019.  That plan of action shall address areas for improvement, including insufficient maintenance, delays in acquiring parts, access to training ranges, combatant command operational demands, funding needed for consumables (e.g., fuel, ammunition), manpower shortfalls, depot maintenance capacity, and time needed to plan, coordinate, and execute readiness and training activities.

Sec. 3.  Rebuilding the U.S. Armed Forces.  (a)  Upon transmission of a new National Security Strategy to Congress, the Secretary shall produce a National Defense Strategy (NDS).  The goal of the NDS shall be to give the President and the Secretary maximum strategic flexibility and to determine the force structure necessary to meet requirements.

(b)  The Secretary shall initiate a new Nuclear Posture Review to ensure that the United States nuclear deterrent is modern, robust, flexible, resilient, ready, and appropriately tailored to deter 21st-century threats and reassure our allies.

(c)  The Secretary shall initiate a new Ballistic Missile Defense Review to identify ways of strengthening missile-defense capabilities, rebalancing homeland and theater defense priorities, and highlighting priority funding areas.

Sec. 4.  General Provisions.  (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

(b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  All actions taken pursuant to this memorandum shall be consistent with requirements and authorities to protect intelligence and law enforcement sources and methods.  Nothing in this order shall be interpreted to supersede measures established under authority of law to protect the security and integrity of specific activities and associations that are in direct support of intelligence and law enforcement operations.

(d)  This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(e)  The Secretary is hereby authorized and directed to publish this memorandum in the Federal Register.

DONALD J. TRUMP

Executive Order 13769: PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES

EXECUTIVE ORDER

– – – – – – –

Protecting the Nation from Foreign Terrorist Entry into the United States

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:

Section 1.  Purpose.  The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States.  Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans.  And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.

Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States.  The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.

In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.  The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law.  In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.

Sec. 2.  Policy.  It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.

Sec. 3.  Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern(a)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.

(b)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order.  The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.

(c)  To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).

(d)  Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.

(e)  After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.

(f)  At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.

(g)  Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.

(h)  The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.

Sec. 4.  Implementing Uniform Screening Standards for All Immigration Programs(a)  The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant’s likelihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.

(b)  The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.

Sec. 5.  Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017(a)  The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days.  During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures.  Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures.  Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.

(b)  Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.  Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.

(c)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.

(d)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.

(e)  Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.

(f)  The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.

(g)  It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.  To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.

Sec. 6.  Rescission of Exercise of Authority Relating to the Terrorism Grounds of InadmissibilityThe Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.

Sec. 7.  Expedited Completion of the Biometric Entry-Exit Tracking System.  (a)  The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.

(b)  The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section.  The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order.  Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.

Sec. 8.  Visa Interview Security.  (a)  The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.

(b)  To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.

Sec. 9.  Visa Validity Reciprocity.  The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment.  If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.

Sec. 10.  Transparency and Data Collection(a)  To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:

(i)   information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;

(ii)   information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and

(iii)  information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and

(iv)   any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.

(b)  The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.

Sec. 11.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

Statement from Acting OMB Director Mark Sandy on Budgetary Impact Analysis for Executive Order Entitled “Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects”

Statement from Acting OMB Director Mark Sandy:

Budgetary Impact Analysis for Executive Order Entitled
“Expediting Environmental Reviews and Approvals for
High Priority Infrastructure Projects”

This executive order instructs relevant Federal departments and agencies to expedite environmental reviews and approvals for infrastructure projects deemed to be a high priority. Implementing this executive order would have a de minimis impact on costs and revenues to the Federal Government. It would have a de minimis impact on mandatory and discretionary obligations and outlays, as well as on revenues to the Federal Government, in the 5-fiscal year period beginning in fiscal year 2017. The agencies anticipated to be impacted by this executive order include the Executive Office of the President and any executive department or agency responsible for environmental review or approval of infrastructure projects.