The Executive Record

E.O.13514

Federal Leadership in Environmental, Energy, and Economic Performance

October 5, 2009·Barack Obama·74 FR 52117

Directs federal agencies to reduce environmental and energy impacts across their operations, establishing greenhouse gas emissions reduction targets (measured in scopes 1, 2, and 3) relative to a 2008 baseline, with agency-wide targets to be set within 90 and 240 days. Requires agencies to improve water efficiency, cut waste, promote sustainable acquisition and electronics practices, and design high-performance, energy-efficient buildings, aiming for zero-net-energy new construction by 2030. Requires each agency to designate a Senior Sustainability Officer within 30 days and develop a Strategic Sustainability Performance Plan, reviewed by the Office of Management and Budget and the Council on Environmental Quality (CEQ). Establishes an interagency Steering Committee on Federal Sustainability and assigns the CEQ Chair, OMB Director, and other agencies including the Departments of Energy, Transportation, and Defense specific coordination, guidance, and reporting duties, including on fleet management, vendor emissions, stormwater management, and facility siting. Allows exemptions for intelligence, law enforcement, and national security activities, and applies mainly to agencies operating within the United States. Contains further definitions and administrative provisions.Read the full summary

E.O.13513

Federal Leadership On Reducing Text Messaging While Driving

October 1, 2009·Barack Obama·74 FR 51225

Prohibits federal employees from text messaging while driving government-owned, leased, or rented vehicles, while driving personal vehicles on official government business, or while using government-supplied electronic equipment. Directs executive branch agencies to implement this policy, including through education and outreach, and gives them 90 days to adopt compliance measures such as disciplinary actions and to notify the Secretary of Transportation of steps taken. Allows agency heads to exempt employees, devices, or vehicles involved in protective, law enforcement, national security, or emergency work. Directs agencies to encourage federal contractors, subcontractors, and grant recipients entering agreements after the order's date to adopt similar bans on texting while driving on government-related work. Assigns the Secretary of Transportation, working with the General Services Administration and the Office of Personnel Management, to provide guidance to agencies. Defines key terms including "texting" and "driving," and states the order does not alter existing legal authorities or create enforceable rights for outside parties.Read the full summary

E.O.13512

Amending Executive Order 13390

September 29, 2009·Barack Obama·74 FR 50911

Amends Executive Order 13390 to extend the deadline for the work of the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, changing the expiration date from September 30, 2009 to April 1, 2010.

E.O.13511

Continuance of Certain Federal Advisory Committees

September 29, 2009·Barack Obama·74 FR 50909

Extends the operation of a group of federal advisory committees until September 30, 2011, including the Committee for the Preservation of the White House, the National Infrastructure Advisory Council, the Federal Advisory Council on Occupational Safety and Health, the President's Boards of Advisors on Historically Black Colleges and Universities and on Tribal Colleges and Universities, the President's Commission on White House Fellowships, committees on intellectual disabilities, the arts and humanities, the International Labor Organization, the National Medal of Science, physical fitness and sports, science and technology advisors, the President's Export Council, the National Security Telecommunications Advisory Committee, and the Trade and Environment Policy Advisory Committee. Assigns the President's functions under the Federal Advisory Committee Act for these committees to the head of each committee's designated department or agency, following guidelines set by the Administrator of General Services. Supersedes corresponding sections of Executive Order 13446 and takes effect September 30, 2009.Read the full summary

E.O.13510

Waiver Under the Trade Act of 1974 With Respect to the Republic of Belarus

July 1, 2009·Barack Obama·74 FR 32047

Invoking subsection 402(c)(2) of the Trade Act of 1974, and after reporting to Congress as that provision requires, the order waives application of subsections 402(a) and (b) of the Act with respect to the Republic of Belarus. Those subsections generally restrict trade benefits, such as most-favored-nation treatment, for countries that limit emigration or otherwise fall under the Act's freedom-of-emigration requirements. By issuing this waiver, the order allows Belarus to be exempted from those restrictions, based on the President's authority under section 402(d) of the Act, which keeps the waiver process available for Belarus.Read the full summary

E.O.13509

Establishing a White House Council on Automotive Communities and Workers

June 23, 2009·Barack Obama·74 FR 30903

Establishes the White House Council on Automotive Communities and Workers within the Executive Office of the President, citing job losses and economic decline in the auto industry. The Council is co-chaired by the Secretary of Labor and the Assistant to the President for Economic Policy, and includes numerous cabinet secretaries and agency heads, along with a Director of Recovery for Auto Communities and Workers serving as Executive Director. It is tasked with coordinating federal policies affecting automotive communities and workers, advising the President on related legislation and proposals, recommending policy changes, and helping ensure executive branch officials support recovery efforts for affected states, regions, and communities. The Council must conduct outreach to nonprofits, businesses, labor groups, and state and local officials. Federal agencies are directed to assist the Council and consider requests from automotive communities for technical or financial support. The Council terminates two years after the order's date unless the President extends it.Read the full summary

E.O.13508

Chesapeake Bay Protection and Restoration

May 12, 2009·Barack Obama·74 FR 23099

Establishes a Federal Leadership Committee for the Chesapeake Bay, chaired by the Environmental Protection Agency Administrator with representatives from the Departments of Agriculture, Commerce, Defense, Homeland Security, the Interior, and Transportation, to coordinate federal efforts to restore the Bay's water quality and ecosystem. Directs designated lead agencies to submit draft reports within 120 days and final reports within 180 days on topics including water quality tools, agricultural conservation targeting, stormwater management on federal lands, climate change adaptation, public access and land conservation, scientific monitoring, and habitat protection. Requires the Committee to publish a coordinated draft restoration strategy within 180 days and a final strategy within one year, and to issue annual action plans and progress reports beginning in 2010, with independent evaluation and public reporting. Directs the EPA to issue guidance within one year for reducing pollution from federal lands and facilities of ten or more acres in the watershed. Allows agency heads to grant exceptions during war, national emergency, or safety threats, and states the order creates no enforceable legal rights.Read the full summary

E.O.13507

Establishment of the White House Office of Health Reform

April 8, 2009·Barack Obama·74 FR 17071

Establishes a White House Office of Health Reform within the Executive Office of the President to lead and coordinate the administration's efforts to improve access to health care, health care quality, and the long-term sustainability of the health care system. Directs the Secretary of Health and Human Services to create a parallel Office of Health Reform within the Department of Health and Human Services to coordinate with the White House office. The office is tasked with aligning policy across agencies including the Domestic Policy Council, National Economic Council, Council of Economic Advisers, Office of Management and Budget, and Office of Personnel Management, coordinating public outreach, working with Congress, states, and local officials, monitoring implementation of health reform goals, and removing regulatory barriers to care. Agencies must designate liaisons and cooperate with the office as requested. The order does not alter existing legal authorities and creates no enforceable rights against the government.Read the full summary

E.O.13506

Establishing a White House Council on Women And Girls

March 11, 2009·Barack Obama·74 FR 11271

Establishes a White House Council on Women and Girls within the Executive Office of the President to coordinate federal policy on issues affecting women and girls. The Council is chaired by the Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Liaison and includes the heads of numerous federal departments and agencies, such as State, Treasury, Defense, Justice, Labor, and Homeland Security, among others. Its role is advisory: reviewing legislation and policy proposals, recommending changes to programs affecting women and girls, and addressing issues such as pay disparities, workforce participation, and family leave. The Department of Commerce will provide administrative support and funding within existing appropriations. The Council must conduct outreach with nonprofits, state and local officials, and other stakeholders, and within 150 days must submit to the President a federal interagency plan assessing each member agency's efforts on these issues, to be updated periodically. Agencies must assist the Council as needed, at their own expense, and the order does not create enforceable legal rights or alter existing legal authorities.Read the full summary

E.O.13505

Removing Barriers to Responsible Scientific Research Involving Human Stem Cells

March 9, 2009·Barack Obama·74 FR 10667

Removes limits previously placed on federal funding of human stem cell research, including human embryonic stem cell research, allowing the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to support and conduct such research to the extent permitted by law. Directs the Secretary, through the NIH Director, to review existing NIH guidance within 120 days of the order and issue new guidance consistent with the order, including appropriate safeguards, with periodic updates afterward. Declares that the August 9, 2001 presidential statement limiting federal funding for human embryonic stem cell research no longer has effect as government policy, and revokes Executive Order 13435 of June 20, 2007, which had supplemented that statement. States it does not alter existing legal authority of agencies or create enforceable rights against the government.Read the full summary

E.O.13504

Amending Executive Order 13390

February 20, 2009·Barack Obama·74 FR 8431

Amends Executive Order 13390 to extend the term of the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, established under authority including the Robert T. Stafford Disaster Relief and Emergency Assistance Act. It replaces the prior expiration date of February 28, 2009, with a new date of September 30, 2009, allowing the coordinator's work to continue through that later date.Read the full summary

E.O.13503

Establishment of the White House Office of Urban Affairs

February 19, 2009·Barack Obama·74 FR 8139

Establishes the White House Office of Urban Affairs within the Executive Office of the President to develop and coordinate a comprehensive federal strategy for urban areas. The Office is tasked with leading policy development on urban issues across executive departments and agencies, ensuring agencies consider the impact of their actions on cities, working with the Office of Management and Budget to make federal spending in urban areas more effective, and engaging with state and local officials, nonprofits, and the private sector. It is directed to coordinate closely with agencies including Treasury, Justice, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, and the Environmental Protection Agency. The Office will be led by a Director who reports jointly to the Assistant to the President for Intergovernmental Affairs and Public Liaison and the Assistant to the President for Domestic Policy. All executive departments and agencies must cooperate with and support the Office as needed, subject to existing law and available funding.Read the full summary

E.O.13502

Use of Project Labor Agreements for Federal Construction Projects

February 6, 2009·Barack Obama·74 FR 6985

Establishes a federal policy encouraging executive agencies to consider requiring project labor agreements—pre-hire collective bargaining agreements covering all contractors and subcontractors—on large-scale construction projects costing $25 million or more to the federal government. Agencies may require such agreements on a project-by-project basis when doing so would promote economy, efficiency, and labor-management stability, and any such agreement must bind all contractors, allow open competition regardless of existing union status, bar strikes and lockouts, and set up dispute-resolution procedures. The order does not mandate use of these agreements and does not require using any particular labor organization. It directs the Federal Acquisition Regulatory Council to amend federal contracting rules within 120 days, and directs the Director of the Office of Management and Budget, with the Secretary of Labor, to recommend within 180 days whether broader use of such agreements should apply to other federally funded projects. It revokes Executive Orders 13202 and 13208 and directs agencies to rescind related implementing rules.Read the full summary

E.O.13501

Establishment of the President's Economic Recovery Advisory Board

February 6, 2009·Barack Obama·74 FR 6983

Establishes the President's Economic Recovery Advisory Board within the Department of the Treasury, made up of up to 17 members appointed by the President from outside government, with a Chair the President designates and a Staff Director the Chair appoints. The board's role is advisory only: it is to gather information from across the economy, report directly to the President on policies to promote economic growth, stabilize the financial and banking system, create jobs, and improve long-term prosperity, and share analysis with entities such as the Federal Reserve Board or the National Economic Council when the President deems it appropriate. Executive departments and agencies must cooperate with and assist the board as permitted by law, and Treasury is to fund and administer it within existing appropriations. Members serve without pay but may receive travel expenses. The board terminates two years after the order's date unless the President extends it.Read the full summary

E.O.13500

Further Amendments to Executive Order 12859, Establishment of the Domestic Policy Council

February 5, 2009·Barack Obama·74 FR 6981

Amends Executive Order 12859, which established the Domestic Policy Council, by revising the list of officials who serve as members. It replaces the Assistant to the President and Director of the Office of National Service with the Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Liaison, replaces the Senior Advisor to the President for Policy Development with the Assistant to the President for Energy and Climate Change, and replaces the AIDS Policy Coordinator with the Assistant to the President and Chief Technology Officer. It also adds the Chief Executive Officer of the Corporation for National and Community Service and the Director of the Office of Science and Technology Policy as members, and relabels the remaining subsection accordingly.Read the full summary

E.O.13499

Further Amendments to Executive Order 12835, Establishment of the National Economic Council

February 5, 2009·Barack Obama·74 FR 6979

Amends Executive Order 12835, which established the National Economic Council, by adding several officials to the list of council members named in section 2. The added positions are the Secretary of Health and Human Services, the Secretary of Education, the Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Liaison, the Assistant to the President for Energy and Climate Change, the Assistant to the President and Chief Technology Officer, and the Administrator of the Small Business Administration. The order also directs that the remaining subsections of section 2 be relettered accordingly to accommodate the new entries.Read the full summary

E.O.13498

Amendments to Executive Order 13199 and Establishment of the President's Advisory Council for Faith-Based and Neighborhood Partnerships

February 5, 2009·Barack Obama·74 FR 6533

Amends Executive Order 13199 by renaming the White House Office of Faith-Based and Community Initiatives as the White House Office of Faith-Based and Neighborhood Partnerships, revising its stated policy to emphasize accountability and constitutional protections, and adding new duties such as ensuring federally funded services respect equal protection and religious liberty, promoting training, and using program evaluation. It also establishes the President's Advisory Council on Faith-Based and Neighborhood Partnerships within the Executive Office of the President, made up of up to 25 non-government members appointed by the President, to identify best practices, evaluate related public policies, and recommend changes affecting service delivery to underserved communities. The Council is led by a Chair and an Executive Director, may form subcommittees and task forces, and receives administrative support from the Department of Health and Human Services. Members serve one-year terms without pay, aside from travel expenses, and the Council terminates two years after the order unless extended by the President.Read the full summary

E.O.13497

Revocation of Certain Executive Orders Concerning Regulatory Planning and Review

January 30, 2009·Barack Obama·74 FR 6113

Revokes Executive Order 13258 of 2002 and Executive Order 13422 of 2007, both of which had amended Executive Order 12866's regulatory planning and review process. Directs the Director of the Office of Management and Budget and the heads of executive departments and agencies to promptly rescind any orders, rules, regulations, guidelines, or policies that implemented or enforced the two revoked orders, to the extent consistent with law. States that it creates no enforceable rights or benefits for any party against the United States or its officers, employees, or agents.Read the full summary

E.O.13496

Notification of Employee Rights Under Federal Labor Laws

January 30, 2009·Barack Obama·74 FR 6107

Requires federal contractors to post notices informing employees of their rights under federal labor laws, including the National Labor Relations Act, as a standard clause in most government contracts and subcontracts. Directs the Secretary of Labor to administer and enforce the order, and within 120 days to begin a rulemaking setting the size, form, and content of the required notice. Authorizes the Secretary to investigate complaints, hold hearings, grant exemptions for particular contracts or agencies, and impose remedies such as contract cancellation, suspension, or debarment, and publication of noncompliant contractors, following consultation with affected agencies. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement these requirements. Revokes Executive Order 13201 and directs agencies to rescind related implementing rules and policies. Applies to contracts under solicitations issued after the Secretary's implementing rule takes effect, excluding collective bargaining agreements and purchases below the simplified acquisition threshold.Read the full summary

E.O.13495

Nondisplacement of Qualified Workers Under Service Contracts

January 30, 2009·Barack Obama·74 FR 6103

Requires that federal service contracts and solicitations include a clause obligating a successor contractor, when taking over a contract for the same or similar services at the same location, to offer the predecessor contractor's employees (except managers and supervisors) a right of first refusal for jobs they are qualified for, before hiring anyone else. It defines covered contracts and employees under the Service Contract Act of 1965, and excludes small purchases, certain sheltered-workshop and vending contracts, and some dual-role employees. Agency heads may exempt specific contracts if the requirement would hinder efficient procurement. The Secretary of Labor is tasked with enforcement, including sanctions and up to three-year debarment for violations, and must issue implementing regulations within 180 days, as must the Federal Acquisition Regulatory Council. It revokes Executive Order 13204 and states it creates no private legal rights, taking effect immediately for future solicitations.Read the full summary