Revocation of Reporting Requirement
Signed March 6, 2019·Donald Trump·84 FR 8789
Source
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Plain-language summary
Revokes Section 3 of Executive Order 13732, which had required the Director of National Intelligence, or another designated official, to publicly release an annual unclassified summary of strikes conducted outside areas of active hostilities and estimates of resulting combatant and non-combatant deaths. The order notes that separate reporting requirements remain in place under federal law: Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 requires the Secretary of Defense to submit an annual civilian casualty report to congressional defense committees, and Section 1062 of the National Defense Authorization Act for Fiscal Year 2019 expanded that report's scope and requires it to be made public unless the Secretary of Defense certifies that publication would threaten national security. The order states it does not alter existing agency authorities or budget functions, and creates no enforceable rights against the government.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 13732, July 1, 2016
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The order, in full
Executive Order 13862 of March 6, 2019
Revocation of Reporting Requirement
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Findings. (a) Section 3 of Executive Order
13732 of July 1, 2016 (United States Policy on Pre- and
Post-Strike Measures To Address Civilian Casualties in
U.S. Operations Involving the Use of Force), requires
the Director of National Intelligence, or such other
official as the President may designate, to release, by
May 1 each year, an unclassified summary of the number
of strikes undertaken by the United States Government
against terrorist targets outside areas of active
hostilities, as well as assessments of combatant and
non-combatant deaths resulting from those strikes,
among other information.
(b) Section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91) similarly requires the Secretary of Defense to
submit to the congressional defense committees, by May
1 each year, a report on civilian casualties caused as
a result of United States military operations during
the preceding year (civilian casualty report).
Subsection 1057(d) requires that the civilian casualty
report be submitted in unclassified form, but
recognizes that the report may include a classified
annex.
(c) Section 1062 of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232) expanded the scope of the civilian casualty report
and specified that the report shall be made available
to the public unless the Secretary of Defense certifies
that the publication of the report would pose a threat
to the national security interests of the United
States.
Sec. 2. Revocation of Reporting Requirement. Section 3
of Executive Order 13732 is hereby revoked.
Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
March 6, 2019.Reproduced from the Federal Register plain-text record, signed March 6, 2019. Typesetting artifacts are removed; no wording is changed.