The Executive Record

E.O.12994

Continuing the President's Committee on Mental Retardation and Broadening Its Membership and Responsibilities

March 21, 1996·William J. Clinton·61 FR 13047

Continues the President's Committee on Mental Retardation with expanded membership and duties, superseding Executive Order 11776. Sets the committee's composition to include several cabinet secretaries, the Attorney General, the head of the Corporation for National and Community Service, the Commissioner of Social Security, the chairs of the Equal Employment Opportunity Commission and National Council on Disability, and up to 21 citizen members appointed by the President, including self-advocates and family members, serving two-year terms. The President designates a Chair from the citizen members. Directs the committee to advise the President and the Secretary of Health and Human Services on national policy, service delivery, and community supports for people with mental retardation, to facilitate liaison among government and private organizations, and to submit an annual report through the Secretary of Health and Human Services. Requires federal agencies to designate liaison officers when requested and directs the Department of Health and Human Services to provide staffing, funding, and administrative support.Read the full summary

E.O.12993

Administrative Allegations Against Inspectors General

March 21, 1996·William J. Clinton·61 FR 13043

Establishes an Integrity Committee under the President's Council on Integrity and Efficiency and Executive Council on Integrity and Efficiency to receive, review, and refer allegations of wrongdoing against Inspectors General and certain senior staff of Offices of Inspectors General. The committee is chaired by an FBI official and includes the Special Counsel, the Director of the Office of Government Ethics, and several Inspectors General, with a Justice Department official serving as advisor. It directs the FBI Director to investigate allegations that cannot be handled by another agency, sets procedures for referring findings to the relevant agency head, requires agency heads to certify within 60 days (extendable by 30 days) what action they have taken on referred reports, and requires the FBI to maintain related records. It states the order creates no legally enforceable rights against the government.Read the full summary

E.O.12992

President's Council on Counter-Narcotics

March 15, 1996·William J. Clinton·61 FR 11287

Establishes the President's Council on Counter-Narcotics, chaired by the President with the Vice President presiding in his absence, to meet at least quarterly. Members include the Vice President and the Secretaries of State, Treasury, Defense, and Transportation; the Attorney General; the U.S. Representative to the United Nations; the Director of the Office of Management and Budget; the White House Chief of Staff; the Director of National Drug Control Policy; the Director of Central Intelligence; the national security advisers to the President and Vice President; the Counsel to the President; the Chairman of the Joint Chiefs of Staff; and, as applicable, additional officials such as the Secretaries of Health and Human Services and Education. The Council is to advise the President on national drug control strategy, coordinate implementation across agencies, and may use committees or task forces chaired by the Director of National Drug Control Policy. The Office of National Drug Control Policy will provide staff support, and all executive departments and agencies must cooperate with and assist the Council as permitted by law.Read the full summary

E.O.12991

Adding the Small Business Administration to the President's Export Council

March 6, 1996·William J. Clinton·61 FR 9587

Amends Executive Order 12131 to add the Small Business Administration as a member of the President's Export Council, which advises the President on matters affecting U.S. export trade. The change is made by inserting a new subsection naming the Small Business Administration among the agencies represented on the council, expanding its membership to include that agency alongside those already listed.Read the full summary

E.O.12990

Adjustments of Rates of Pay and Allowances for the Uniformed Services, Amendment to Executive Order No. 12984

February 29, 1996·William J. Clinton·61 FR 8467

Adjusts the rates of monthly basic pay, basic allowances for subsistence, basic allowances for quarters, and monthly cadet or midshipman pay for members of the uniformed services, according to a schedule attached to the order, under authority granted by section 601 of Public Law 104-106. These adjustments take effect retroactively on January 1, 1996. The order also supersedes Section 4 and Schedule 8 of the earlier Executive Order 12984, issued December 28, 1995, replacing the pay and allowance figures that order had set.Read the full summary

E.O.12989

Economy and Efficiency in Government Procurement Through Compliance With Certain Immigration and Naturalization Act Provisions

February 13, 1996·William J. Clinton·61 FR 6091

Establishes a policy that federal contracting agencies should not do business with employers found to have violated provisions of the Immigration and Nationality Act that prohibit knowingly employing unauthorized aliens. Directs the Attorney General to investigate contractors, receive and investigate employee complaints, and hold hearings to determine noncompliance, then notify the relevant contracting agency of any violation. Contracting agency heads may then debar noncompliant contractors or their organizational units from federal contracts for one year, renewable if violations continue, with debarred entities listed on the government's exclusion list. The Attorney General oversees implementation, in consultation with the Secretary of Defense, Secretary of Labor, and other officials, while the Defense Department, General Services Administration, and NASA are directed to amend the Federal Acquisition Regulation as needed. The order preserves existing antidiscrimination obligations under immigration law, states it should not add procurement burdens or new contract requirements, and does not create enforceable rights against the government.Read the full summary

E.O.12988

Civil Justice Reform

February 5, 1996·William J. Clinton·61 FR 4729

Directs federal agencies and their litigation counsel to follow guidelines aimed at making government civil litigation more just and efficient, including giving disputants pre-filing notice, pursuing settlement conferences and alternative dispute resolution, streamlining discovery, seeking sanctions for abuse where warranted, and using efficient case-management practices such as stipulating undisputed facts and pursuing summary judgment when likely to succeed. Encourages agencies to develop pro bono and volunteer legal service programs for employees. Requires agencies drafting legislation or regulations to review them for clarity, reduced litigation risk, and clear legal standards, addressing issues like preemption, retroactivity, and remedies. Calls on agencies handling administrative adjudications to reduce delay, address bias, and improve public education about procedures. Assigns the Attorney General to coordinate implementation and issue guidance. States the order applies only to civil matters, creates no private legal rights, takes effect 90 days after signing, and revokes Executive Order 12778.Read the full summary

E.O.12987

Amendment to Executive Order No. 12964

January 31, 1996·William J. Clinton·61 FR 4205

Amends Executive Order 12964, which established the Commission on United States-Pacific Trade and Investment Policy, in two ways: it increases the maximum number of commission members from 15 to up to 20, and it extends the commission's reporting deadline from before February 1, 1996, to about December 31, 1996.Read the full summary

E.O.12986

International Union for Conservation of Nature and Natural Resources

January 18, 1996·William J. Clinton·61 FR 1693

Extends certain privileges and immunities to the International Union for Conservation of Nature and Natural Resources under the International Organizations Immunities Act, but specifically excludes immunity from suit and judicial process. It withholds application of provisions that would otherwise give the organization the same immunity from lawsuits as foreign governments, protect its property and archives from search or confiscation, and shield its representatives and staff from legal process for acts performed in their official duties. The order states that this designation does not limit any other privileges, exemptions, or immunities the organization has gained or may gain through international agreements or congressional action.Read the full summary

E.O.12985

Establishing the Armed Forces Service Medal

January 11, 1996·William J. Clinton·61 FR 1209

Establishes the Armed Forces Service Medal for members of the Armed Forces who, on or after June 1, 1992, participate in a designated significant U.S. military operation without encountering foreign armed opposition or imminent hostile action, as determined by the Joint Chiefs of Staff. Directs the Secretary of Defense to approve the medal's design and, together with the Secretary of Transportation for the Coast Guard when not operating under the Navy, to award it under uniform regulations, placing it in order of precedence just before the Humanitarian Service Medal. The medal may only be awarded when no other U.S. service medal applies to the operation, and only one medal may go to any individual, though additional devices may mark later qualifying operations. The medal may also be awarded posthumously, presented to an appropriate representative of the deceased as determined by the Secretary of Defense or Secretary of Transportation.Read the full summary

E.O.12984

Adjustments of Certain Rates of Pay and Allowances

December 28, 1995·William J. Clinton·61 FR 237

Sets adjusted rates of basic pay and allowances for various federal employee categories, effective for pay periods beginning on or after January 1, 1996, with military pay rates effective that date directly. Covers the General Schedule, the Foreign Service Schedule, Veterans Health Administration pay schedules, the Senior Executive Service, the Executive Schedule, pay for the Vice President and Congress, judicial salaries, and pay and allowances for members of the uniformed services, all detailed in schedules attached to the order. Directs the Director of the Office of Personnel Management to implement locality-based comparability payments under sections 5304 and 5304a of title 5, United States Code, and to publish notice of these payments in the Federal Register. Supersedes Executive Order 12944 of December 28, 1994.Read the full summary

E.O.12983

Amendment to Executive Order No. 12871

December 21, 1995·William J. Clinton·60 FR 66855

Amends Executive Order 12871, which established the National Partnership Council on labor-management relations. Adds one elected office holder each from the Senior Executives Association and the Federal Managers Association to the Council's membership. Directs the Council to report to the President by October 1996 on the progress and results of labor-management partnership efforts throughout the executive branch. Revises the Council's duties to require it to seek input from nonmember federal agencies, especially smaller ones, and from federal manager and professional associations, companies, nonprofit organizations, state and local governments, federal employees, and customers of federal services, while retaining its ability to invite private and public sector experts. Also revises the terms for Council members' compensation, specifying they serve without pay but may receive travel expenses, including per diem, as authorized by law for those serving intermittently in government service.Read the full summary

E.O.12982

Ordering the Selected Reserve of the Armed Forces to Active Duty

December 8, 1995·William J. Clinton·60 FR 63895

Authorizes the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Department of the Navy, to order units and individual members of the Selected Reserve of the Armed Forces to active duty. The order states this action is needed to increase the size of active armed forces to support military operations in and around the former Yugoslavia. It relies on authority granted under sections 121 and 12304 of title 10 of the United States Code. The order specifies it is meant only to improve internal executive branch management and does not create any enforceable legal rights for outside parties. It directs that the order be published in the Federal Register and transmitted to Congress.Read the full summary

E.O.12981

Administration of Export Controls

December 5, 1995·William J. Clinton·60 FR 62981

Sets procedures for federal review of export license applications submitted to the Department of Commerce under the Export Administration Act and related regulations, acting under authority tied to the national emergency declared in Executive Order 12924. Directs the Secretary of Commerce to resolve or refer applications to the President within 90 days, with exceptions for delays such as prelicense checks, government-to-government assurance requests, multilateral reviews, and consultations. Requires the Secretary to begin initial processing within 9 days and specifies timelines for other agencies, including the Departments of State, Defense, and Energy and the Arms Control and Disarmament Agency, to request information and issue recommendations. Continues the Export Administration Review Board and establishes an Advisory Committee on Export Policy and an Operating Committee to resolve interagency disagreements, with specified appeal timelines up to the Board and, ultimately, the President. States the new review process applies to applications registered 60 days after signing, and clarifies the order creates no enforceable legal rights.Read the full summary

E.O.12980

Further Amendment to Executive Order No. 12852, as Amended

November 17, 1995·William J. Clinton·60 FR 57819

Amends Executive Order 12852, as previously amended, which established the President's Council on Sustainable Development. Changes the maximum membership of the council from 25 to 29, allowing four additional members to be appointed.

E.O.12979

Agency Procurement Protests

October 25, 1995·William J. Clinton·60 FR 55171

Directs heads of executive agencies that procure supplies and services to create internal administrative procedures for resolving contract award protests as an alternative to outside forums. These procedures must encourage resolving disputes directly with contracting officers, favor inexpensive and expeditious methods such as alternative dispute resolution, allow affected bidders to seek higher-level review of contracting officer decisions alleged to violate law or regulation, and generally block contract award or performance while a timely protest is pending, unless urgent circumstances justify proceeding. The Administrator for Federal Procurement Policy must help agencies implement these rules and report findings to the President within two years. The Administrator of General Services, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, working with federal procurement policy officials, must amend the Federal Acquisition Regulation within 180 days to carry out the order's purposes.Read the full summary

E.O.12978

Blocking Assets and Prohibiting Transactions With Significant Narcotics Traffickers

October 21, 1995·William J. Clinton·60 FR 54579

Declares a national emergency over international narcotics trafficking centered in Colombia, citing its violence, corruption, and harm to the United States and abroad. Blocks all property and interests in property within the United States, or held by U.S. persons, belonging to foreign persons named in an attached annex, as well as those later designated by the Secretary of the Treasury—acting with the Attorney General and Secretary of State—as playing a significant role in Colombia-centered narcotics trafficking, materially assisting such trafficking, or being owned or controlled by designated persons. Prohibits U.S. persons from engaging in transactions involving the blocked property, and bars any transaction intended to evade or avoid these prohibitions. Authorizes the Treasury Secretary to issue regulations and delegate authority to carry out the order, and directs all federal agencies to take appropriate measures to implement it. Took effect October 22, 1995, and was to be transmitted to Congress and published in the Federal Register.Read the full summary

E.O.12977

Interagency Security Committee

October 19, 1995·William J. Clinton·60 FR 54411

Establishes the Interagency Security Committee to oversee security and protection of federal facilities occupied by civilian federal employees. The Committee is chaired by the Administrator of General Services and includes representatives from agencies including the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, and Veterans Affairs, along with the Environmental Protection Agency, Central Intelligence Agency, Office of Management and Budget, the U.S. Marshals Service, the Federal Protective Service, the National Security Council staff, and the Security Policy Board. It may form working groups and consult outside parties. Its duties include setting security policies, developing and evaluating security standards, encouraging intelligence sharing among agencies, assessing security technology, developing construction standards for high-threat facilities, reviewing day care center placement standards, and maintaining a centralized facility security database. Agencies must cooperate with its policies, with an exception where compliance would jeopardize intelligence sources or methods, and the General Services Administration provides administrative support.Read the full summary

E.O.12976

Compensation Practices of Government Corporations

October 5, 1995·William J. Clinton·60 FR 52829

Sets rules for federal government corporations on executive pay and bonuses. States that these corporations generally should not pay bonuses beyond limits set in existing federal law. Requires wholly owned government corporations, before approving any bonus exceeding statutory limits, to submit relevant information to the Director of the Office of Management and Budget (OMB) and wait for OMB's review. Also requires mixed-ownership and wholly owned corporations listed under title 31 of the U.S. Code to report information on senior executive compensation plans, salaries, bonuses, and supporting justifications to OMB, in a form and timing OMB specifies. Directs OMB, in consultation with the Department of Labor, to review this information against statutory requirements, corporate mission, federal management standards, and private-sector pay practices. Requires corporations to publicly disclose the compensation information submitted. States that the order is meant only to improve internal executive branch management and creates no enforceable legal rights for outside parties.Read the full summary

E.O.12975

Protection of Human Research Subjects and Creation of National Bioethics Advisory Commission

October 3, 1995·William J. Clinton·60 FR 52063

Directs each executive branch department and agency that conducts, supports, or regulates research involving human subjects to review its existing protections for those subjects, taking account of recommendations from the Advisory Committee on Human Radiation Experiments, and to report results within 120 days to a newly created National Bioethics Advisory Commission (NBAC). NBAC, made up of up to 15 presidentially appointed members with a designated chairperson, will advise the National Science and Technology Council on bioethical issues arising from research on human biology and behavior, including clinical applications, and will identify broad ethical principles rather than reviewing individual projects. Its first priorities are protecting human research subjects and addressing issues in genetic information management, including gene patenting. The Department of Health and Human Services will fund and support NBAC's operations, and agencies must supply information it requests. NBAC will terminate two years after the order's date unless extended, and the order creates no enforceable legal rights.Read the full summary