The Executive Record

E.O.13100

President's Council on Food Safety

August 25, 1998·William J. Clinton·63 FR 45661

Creates the President's Council on Food Safety, made up of the Secretaries of Agriculture, Commerce, and Health and Human Services, the Director of the Office of Management and Budget, the Administrator of the Environmental Protection Agency, the Assistant to the President for Science and Technology, the Assistant to the President for Domestic Policy, and the Director of the National Partnership for Reinventing Government, jointly chaired by the Secretaries of Agriculture and Health and Human Services and the Science and Technology Assistant. The Council is directed to develop a comprehensive, science-based strategic plan for federal food safety activities, considering a National Academy of Sciences report and public input, and to make recommendations to the President for improving food safety and coordinating efforts among federal, state, local, and tribal governments and the private sector. It must also advise agencies on funding priorities, help produce coordinated annual food safety budgets, and ensure the Joint Institute for Food Safety Research reports regularly on aligning federal research with priority needs. The order does not create enforceable legal rights or alter agencies' existing statutory responsibilities.Read the full summary

E.O.13099

Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process

August 20, 1998·William J. Clinton·63 FR 45167

Amends Executive Order 12947, which declared a national emergency over violence disrupting the Middle East peace process, by renaming its annex list to "Terrorists Who Threaten to Disrupt the Middle East Peace Process" and adding named individuals and groups to it, including Usama bin Ladin, the network described as Al-Qaida and its associated names, Abu Hafs al-Masri, and Rifa'i Ahmad Taha Musa. Being added to the list subjects those named to the transaction and property restrictions already established under Executive Order 12947. The order states it creates no enforceable rights or benefits for any party against the United States or its officials, and specifies it takes effect at 12:01 a.m. eastern daylight time on August 21, 1998, with transmission to Congress and publication in the Federal Register.Read the full summary

E.O.13098

Blocking Property of UNITA and ProhibitingCertain Transactions With Respect to UNITA

August 18, 1998·William J. Clinton·63 FR 44771

Blocks all property and interests in property within the United States, or controlled by U.S. persons, belonging to UNITA (the National Union for the Total Independence of Angola), its armed forces (FALA), or designated senior officials and their immediate family members. Prohibits importing Angolan diamonds not certified through the Angolan government's Certificate of Origin system, and bars U.S. persons or U.S.-registered vessels and aircraft from supplying mining equipment, vehicles, watercraft, spare parts, or mining and transportation services to Angola except through designated entry points or government-controlled areas. Also bans transactions intended to evade these restrictions. Citing the International Emergency Economic Powers Act, the National Emergencies Act, the United Nations Participation Act, and related UN Security Council resolutions, the order builds on the national emergency declared in Executive Order 12865. It authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to designate affected individuals and areas, grant humanitarian exemptions, and issue implementing regulations, with other federal agencies directed to assist. The order took effect August 19, 1998.Read the full summary

E.O.13097

Interparliamentary Union

August 7, 1998·William J. Clinton·63 FR 43065

Designates the Interparliamentary Union as a public international organization entitled to the privileges, exemptions, and immunities provided under the International Organizations Immunities Act. The designation relies on the President's authority under that Act after determining that the Interparliamentary Union qualifies as a public international organization in which the United States participates. It clarifies that this designation does not limit or reduce any privileges, exemptions, or immunities the organization has already gained, or may gain in the future, through international agreements or acts of Congress.Read the full summary

E.O.13096

American Indian and Alaska Native Education

August 6, 1998·William J. Clinton·63 FR 42681

Establishes an Interagency Task Force on American Indian and Alaska Native Education, co-chaired by the Department of Education and Department of the Interior, to pursue six goals: improving reading, math, and science education, raising high school completion and college attendance, reducing factors like poverty and substance abuse, and expanding educational technology. The Task Force includes representatives from numerous federal agencies and must consult tribal governments and organizations. It is directed to develop an interagency plan within 90 days, a resource guide within a year, a comprehensive federal Indian education research agenda, and, within two years, a comprehensive federal Indian education policy. The order also calls for regional partnership forums within 18 months and pilot school programs at schools serving Native students, with progress reported annually to the Office of Management and Budget. The Task Force terminates no later than five years from the order's date. It creates no enforceable legal rights.Read the full summary

E.O.13095

Suspension of Executive Order 13083

August 5, 1998·William J. Clinton·63 FR 42565

Suspends Executive Order 13083, which had been titled "Federalism," in order to allow fuller consultation with state and local elected officials, their representative organizations, and other interested parties before the policy takes effect. The order does not set a timeline for lifting the suspension or describe further steps.Read the full summary

E.O.13094

Proliferation of Weapons of Mass Destruction

July 28, 1998·William J. Clinton·63 FR 40803

Amends Executive Order 12938, which addresses the proliferation of weapons of mass destruction, by rewriting its Section 4 on measures against foreign persons. It directs the Secretary of State to determine whether a foreign person has materially contributed to a country's or entity's efforts to acquire or develop weapons of mass destruction or missiles to deliver them, and if so, imposes a procurement ban, an assistance ban, and an import ban administered respectively by federal agencies and the Secretary of the Treasury. It allows these measures to be lifted if the Secretary of State finds reliable evidence the activity has ceased, and permits agencies to grant exceptions for military, intelligence, humanitarian, or existing contract needs. It also makes a related cross-reference correction elsewhere in Executive Order 12938, preserves existing rules and actions under related laws and prior orders, states it creates no enforceable legal rights, and takes effect just after midnight on July 29, 1998.Read the full summary

E.O.13093

American Heritage Rivers, Amending Executive Order 13061 and 13080

July 27, 1998·William J. Clinton·63 FR 40357

Amends Executive Order 13061 and Executive Order 13080 to increase the number of rivers the President may designate as American Heritage Rivers, changing the limit from ten rivers to up to 20 rivers in both orders.

E.O.13092

President's Information Technology Advisory Committee, Amendments to Executive Order 13035

July 24, 1998·William J. Clinton·63 FR 40167

Amends Executive Order 13035 by renaming the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet as the President's Information Technology Advisory Committee. Also increases the number of nonfederal members on the committee from 25 to 30. The change is made under authority including the High-Performance Computing Act of 1991.Read the full summary

E.O.13091

Administration of Arms Export Controls and Foreign Assistance

June 29, 1998·William J. Clinton·63 FR 36153

Amends Executive Order 11958 and Executive Order 12163 to update how authority over arms exports and foreign assistance laws is delegated among executive agencies. It assigns responsibilities under new provisions of the Arms Export Control Act, added by Public Law 104-164, to the Secretary of State and the Secretary of Defense depending on whether the matter involves commercial export licenses, Foreign Military Sales Program transfers, or defense articles and services provided by grant or sale. It also revises delegation of authority under section 655 of the relevant Act, splitting responsibility between the Secretary of State and Secretary of Defense based on the type of defense articles, services, or training involved, and renumbers several existing subsections of the earlier orders to accommodate these additions.Read the full summary

E.O.13090

President's Commission on the Celebration of Women in American History

June 29, 1998·William J. Clinton·63 FR 36151

Establishes the President's Commission on the Celebration of Women in American History, made up of up to 11 members appointed by the President from the public and private sectors, including the Assistant to the President and Director of Communications and a representative of the Administrator of General Services. The Commission is tasked with recommending ways to acknowledge and celebrate women's roles and achievements in American history, including possibly creating a focal point for women's history in Washington, D.C., and using technology to connect existing history sites, museums, and libraries. It must submit a final report with recommendations to the President by March 1, 1999. Federal agencies must provide relevant information on request. Members serve without pay, though private-sector members may receive travel expenses. The General Services Administration provides funding and administrative support. The Commission terminates 60 days after submitting its final report.Read the full summary

E.O.13089

Coral Reef Protection

June 11, 1998·William J. Clinton·63 FR 32701

Directs federal agencies whose actions may affect United States coral reef ecosystems to identify those actions, use their programs to protect the reefs, and avoid authorizing, funding, or carrying out activities that would degrade them, with exceptions for war, national security, emergencies, or safety threats. Establishes a U.S. Coral Reef Task Force, co-chaired by the Secretary of the Interior and the Secretary of Commerce through the National Oceanic and Atmospheric Administration, with membership including the Environmental Protection Agency, the Attorney General, and several other cabinet officials and agency heads. The Task Force is to oversee implementation of the order, coordinate mapping and monitoring of coral reefs, guide research into reef degradation, develop conservation and restoration measures addressing pollution, sedimentation, and overfishing, review whether new legislation is needed, evaluate navigational aids near reefs, and work with the State Department and Agency for International Development on international coral reef protection efforts. States that it creates no enforceable legal rights against the United States.Read the full summary

E.O.13088

Blocking Property of the Governments of the Federal Republic of Yugoslavia (Serbia and Montenegro), the Republic of Serbia, and the Republic of Montenegro, and Prohibiting New Investment in the Republic of Serbia in Response to the Situation in Kosovo

June 9, 1998·William J. Clinton·63 FR 32109

Declares a national emergency over the situation in Kosovo and blocks all property and interests in property of the governments of the Federal Republic of Yugoslavia (Serbia and Montenegro), the Republic of Serbia, and the Republic of Montenegro that are in the United States or under the control of U.S. persons, including overseas branches. Prohibits U.S. persons from financial transactions with these governments, with exceptions for transactions conducted through Yugoslavia's domestic banking system in local currency or by bank notes or barter. Bans new investment by U.S. persons in Serbia, including acquiring debt or equity, contributing funds, or extending credit, except humanitarian donations to charities. Prohibits transactions intended to evade these restrictions. Directs the Secretary of the Treasury, in consultation with the Secretary of State, to issue regulations implementing the order and to give special consideration to Montenegro's circumstances. Effective June 10, 1998.Read the full summary

E.O.13087

Further Amendment to Executive Order 11478, Equal Employment Opportunity in the Federal Government

May 28, 1998·William J. Clinton·63 FR 30097

Amends Executive Order 11478 to add sexual orientation to the list of categories, alongside race, color, religion, sex, national origin, handicap, and age, that federal agencies must not discriminate against in personnel actions affecting employees within the executive branch. Also modifies the order's second sentence to clarify that its equal employment opportunity policy applies to the extent permitted by law. The change applies to federal government employment practices generally.Read the full summary

E.O.13086

1998 Amendments to the Manual for Courts-Martial, United States

May 27, 1998·William J. Clinton·63 FR 30065

Amends the Manual for Courts-Martial, which implements the Uniform Code of Military Justice, to revise numerous rules governing military court procedures. Changes cover pretrial confinement review and release standards, investigations, mental competency determinations and hospitalization procedures, contempt proceedings, government appeals, burdens of proof for certain defenses (including mistake of fact as to age), sentencing instructions, deferment and waiver of forfeitures to support dependents, post-trial hearings for those found not guilty by reason of lack of mental responsibility, vacation of suspended sentences, and clemency and appellate review procedures. It also revises rules of evidence on victims' sexual history and adds new rules allowing evidence of similar past sexual assault or child molestation offenses, and updates offenses under Articles 95, 120, and 134, including rape, carnal knowledge, escape, and parole violations. The amendments take effect May 27, 1998, with special effective dates for the new evidence rules (arraignments on or after June 26, 1998) and the carnal knowledge mistake-of-fact defense (applicable to arraignments on or after February 10, 1996), and do not affect proceedings already underway.Read the full summary

E.O.13085

Establishment of the Enrichment Oversight Committee

May 26, 1998·William J. Clinton·63 FR 29335

Establishes the Enrichment Oversight Committee (EOC) to monitor and coordinate federal government activities related to the privatized United States Enrichment Corporation (USEC) and any successor entities involved in uranium enrichment. Chaired by a senior National Security Council official, the EOC includes representatives from the State, Treasury, Defense, Justice, Commerce, and Energy Departments, the Office of Management and Budget, the National Economic Council, the Council of Economic Advisers, and the Intelligence Community. It must meet at least quarterly, report to the President's national security adviser semiannually, and prepare the annual report to Congress required by the USEC Privatization Act. The order directs the EOC to oversee implementation of the 1993 U.S.-Russia agreement on disposition of highly enriched uranium, monitor foreign ownership or influence over USEC, track domestic uranium mining and enrichment industries, collect relevant proprietary and public information, and coordinate with the Nuclear Regulatory Commission on licensing decisions. It also creates an HEU Agreement Oversight Subcommittee to monitor implementation of the Russia agreement and related contracts.Read the full summary

E.O.13084

Consultation and Coordination With Indian Tribal Governments

May 14, 1998·William J. Clinton·63 FR 27655

Directs federal agencies to establish processes for meaningful and timely consultation with Indian tribal governments when developing regulatory policies that significantly or uniquely affect their communities. Instructs agencies, where practicable and legally permitted, to avoid issuing regulations not required by statute that impose substantial direct compliance costs on tribes unless the federal government funds those costs or the agency documents its consultation efforts and tribal concerns to the Office of Management and Budget. Requires agencies to streamline waiver application processes for tribal governments and, where practicable, decide complete waiver applications within 120 days, providing written notice and reasons for denial. Encourages use of negotiated rulemaking on issues involving tribal self-government, trust resources, or treaty rights. Independent regulatory agencies are encouraged, but not required, to comply. The order supplements existing requirements under Executive Orders 12866 and 12988 and related guidance, does not create enforceable legal rights, and takes effect 90 days after signing.Read the full summary

E.O.13083

Federalism

May 14, 1998·William J. Clinton·63 FR 27651

Sets federalism principles for federal agencies to follow when creating policies that substantially affect states or the federal-state balance of power. It directs agencies to respect constitutional limits on federal authority, favor state and local discretion in administering federal programs, and consider whether issues are truly national in scope before taking federal action. Agencies must consult meaningfully with state and local officials before issuing regulations with federalism implications and, unless funded or justified through a documented consultation process, generally avoid imposing substantial compliance costs on states without statutory basis. It also directs agencies to streamline waiver processes for states and local governments and, where practicable, decide waiver applications within 120 days, explaining any denial in writing. Independent regulatory agencies are encouraged but not required to comply. The order revokes Executive Orders 12612 and 12875, supplements Executive Orders 12866 and 12988, and takes effect 90 days after signing. It creates no enforceable legal rights against the government.Read the full summary

E.O.13082

Joint Mexican-United States Defense Commission

May 8, 1998·William J. Clinton·63 FR 26709

Amends Executive Order 9080, as previously modified by Executive Order 10692 and Executive Order 12377, to change the composition of the United States membership on the Joint Mexican-United States Defense Commission. It adds a Joint Staff member alongside the existing Army, Navy, Air Force, and Marine Corps members. Each member is to be designated by the Secretary of Defense and serves at the Secretary's discretion. The Secretary is also authorized to choose a Chair from among the United States members and may designate alternate members to serve on the Commission.Read the full summary

E.O.13081

Amendment to Executive Order No. 13038, Advisory Committee on Public Interest Obligations of Digital Television Broadcasters

April 30, 1998·William J. Clinton·63 FR 24385

Amends Executive Order 13038, which established the Advisory Committee on Public Interest Obligations of Digital Television Broadcasters, by extending the deadline for the committee's report. The order replaces the previous reporting deadline of June 1, 1998, with a new deadline of October 1, 1998, in section 2 of the earlier order.Read the full summary